Special Needs Trust

This is a discussion on Special Needs Trust within the Wills, Trusts and Estates Questions forums, part of the Legal Questions & Answers Forum category; Does a Special Needs Trust give the trustee any legal rights outside of the financial ones spelled out in the Trust? Can a trustee use the Trust to try to ...

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    Special Needs Trust

    Does a Special Needs Trust give the trustee any legal rights outside of the financial ones spelled out in the Trust? Can a trustee use the Trust to try to get guardianship of the person the trust is for?


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    I believe the legal rights the trustees have are limited to the ones spelled out in the trust, and possibly a few others that would be appropriate in certain circumstances to help them carry out their duties. I do not believe that a trustee can obtain guardianship of a person through a special needs trust. Obtaining legal guardianship over an individual is a whole separate that has nothing to do with trusts.
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