An important decision that one has to consider when creating a Special Needs Trust is whom to designate as the Trustee. The Trustee is a very important responsibility, for one wrong decision could automatically disqualify the beneficiary from receiving public benefits.
Dana Perry from Chambliss, Bahner & Stophel, P.C. wrote an article about this topic that we encourage you to read before you make the final decision about who you will choose as the Trustee for your special needs trust.
Because of the severe consequences that can occur from a Trustee making an improper distribution to a beneficiary receiving public benefits, we suggest that you consider designating someone as Trustee who has a sufficient understanding of the benefits that the beneficiary is receiving, which may include Medicaid and Social Security benefits. If you do not have a family member or friend who you trust to serve as the Trustee, then consider choosing your attorney, trust officer, or accountant to fulfill the role. Whomever you choose, just make sure that he or she has a thorough knowledge of the benefits being received by any beneficiaries of the special needs trust, and how those benefits may be affected by an receiving an inheritance.