Trust Lawyer in Santa Clara Explains: Who Will Manage Your Child’s Special Needs Trust When You Can’t?

As a trust lawyer in Santa Clara, one of the most important conversations I have with parents of children with special needs is about succession planning for their child’s trust. While parents typically serve as initial trustees, choosing the right backup trustee is crucial for your child’s long-term security and care.

Why Your Choice of Successor Trustee Matters

Managing a special needs trust requires more than just basic financial knowledge. Your successor trustee will need to understand government benefits, navigate complex regulations, and make deeply personal decisions about your child’s care. They’ll need to step into your shoes, advocating for your child with the same dedication and understanding you’ve shown.

Professional vs. Family Trustee: A Critical Decision

Many parents instinctively want to name a family member as successor trustee. While this can work in some cases, it’s important to carefully weigh the pros and cons of both family and professional trustees.

Family Member Advantages

A family member who knows your child well can provide a personal touch and understanding of their unique needs. They likely share your values and already have a loving relationship with your child. However, serving as trustee requires a significant time commitment and specialized knowledge that many family members may lack.

Professional Trustee Benefits

A professional trustee, such as a bank trust department or trust company, offers expertise in investment management and benefits regulations. They’re objective, experienced, and have systems in place for long-term administration. While they may lack the personal connection, they provide stability and professional oversight that can be crucial for your child’s long-term security.

Key Qualities to Look For

Whether you choose a family member or professional trustee, look for someone who demonstrates:

• Strong financial management skills
• Understanding of special needs and government benefits
• Willingness to learn and adapt
• Good communication abilities
• Strong ethical character
• Long-term commitment to the role

Consider a Team Approach

As a trust lawyer in Santa Clara, I often recommend considering a team approach. For example:

A professional trustee handling investments and compliance, while a family member serves as trust advisor or care manager. This combination provides both professional management and personal oversight, creating a safety net of checks and balances for your child’s benefit.

Planning for Transitions

The transition between trustees should be as smooth as possible. Consider including provisions in your trust, or supporting documentation, for:

• Detailed instructions about your child’s needs and preferences
• Guidelines for working with care providers
• Information about your child’s routines and activities
• Contact information for important people in your child’s life
• Your goals and wishes for your child’s future

The Importance of Regular Review

Life changes and your choice of successor trustee should be reviewed periodically. What makes sense today might not be the best choice in five years. Regular meetings with your trust lawyer in Santa Clara can help ensure your succession plan remains appropriate for your family’s circumstances.

Creating Accountability

Your trust should include provisions for monitoring the successor trustee’s performance. This might include:

Regular accountings, periodic reviews by a trust protector, and clear standards for trustee removal if necessary. These safeguards help ensure your child’s interests remain protected even after you’re no longer able to oversee the trust yourself.

Getting Started

Choosing a successor trustee is one of the most important decisions you’ll make for your child’s future. As your Santa Clara trust lawyers, we can help you:

• Evaluate potential trustees
• Structure appropriate oversight mechanisms
• Create clear succession plans
• Design a comprehensive system of checks and balances

Don’t leave this crucial decision to chance. Contact our office at 408-889-1290 to discuss creating or updating your special needs trust with appropriate succession planning. Together, we can ensure your child’s future remains secure, even when you’re no longer able to manage their trust yourself.