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Trustee Liability in Special Needs Trust administration

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bailer

Junior Member
What is the name of your state (only U.S. law)? Illinois

Can I, as a trustee of a SNT, be held personally liable by the Social Security Administration if I fail to strictly follow their guidelines. This question is made in an attempt to settle an argument with the beneficiary.
 


Onderzoek

Member
What is the name of your state (only U.S. law)? Illinois

Can I, as a trustee of a SNT, be held personally liable by the Social Security Administration if I fail to strictly follow their guidelines. This question is made in an attempt to settle an argument with the beneficiary.
Liable for what? You are not representative payee. You have no agreement with SSA. SSA has no power over how you administer a special needs trust. SSA will evaluate your decisions as trustee and use them to determine eligibility and payment for SSI and Medicaid through SSI, but your obligation is the the beneficiary and he/she could have standing to sue you for mismanagement.
 

bailer

Junior Member
Liable for what?
The beneficiary would rather not live under the scrutiny of SSA, and wishes that I, the trustee, simply cash out his several thousand dollars that is being held in a bank. He is not currently protected with a lawyer-written trust that would be a sub-trust of his father's trust, which is where he received the money from. If this step were taken, and if SSA found it out, would I be in any way liable to SSA, or would the only risk be the loss of SSI benefits on his part?
 
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tranquility

Senior Member
Yes. If your actions violated the terms of the trust or breached your fiduciary duties to the beneficiary,you could be held liable whether or not it caused him damages. But, see an attorney. I don't really have any idea what your relationship really is.
 

Onderzoek

Member
Yes. If your actions violated the terms of the trust or breached your fiduciary duties to the beneficiary,you could be held liable whether or not it caused him damages. But, see an attorney. I don't really have any idea what your relationship really is.
But your fiduciary responsibilities only apply to the trust. SSA has no authority over the trust. So SSA could not hold you liable for anything.

Several thousand ($5000) is not really a life altering amount of money. It is enough for a homeless person or a young person starting out to set up a home and furnishings and maybe buy a beat up old car that could run a few more years. It also could give someone money to have a good time for a few months while making foolish decisions. $50,000 could pay off debt, buy a new car and a really nice TV, or be enough to survive on for several years. Now $500,000 could be life altering money and could provide an income stream that may be enough to live on without invading the principal.

I have never totally understood the desire to stay living at poverty level (on SSI) and having money in a special needs trust that doesn't get spent on the disabled person. I did see a severely mentally disabled SSI recipient with a special needs trust. Daughter was payee and trustee. Daughter complained that SSI was not enough money for him to live on. Daughter also had not spent any of the special needs trust money. Daughter was also the beneficiary of the trust so that whatever money she didn't spend on her father, she would get to spend on herself when he died.

But if you breach your fiduciary responsibility by doing what the beneficiary wants and not follow the terms of the trust, what purpose are you serving? Why even be a trustee? You are the one who agreed to follow the trust documents, so figure out a way to do so or resign.
 

tranquility

Senior Member
But your fiduciary responsibilities only apply to the trust. SSA has no authority over the trust. So SSA could not hold you liable for anything.
While true, if the actions of the trustee cause the beneficiary to lose rights under SSA, that would be damages for the trustee's acts. One measure as to if the trustee were acting properly under any of a number of fiduciary duties is if he followed federal guidelines for that income. So, while the SSA would not be the one to sue, the beneficiary, even if he completely agreed to the action, could. In fact, that is one of the purposes of an SNT. It acknowledges the beneficiary may not be able to completely manage his own affairs.
 

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