Can a family member such as an uncle, create a special needs trust or is this limited to “parent, grandparent, legal guardian of the individual or a court”?

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Can a family member such as an uncle, create a special needs trust or is this limited to “parent, grandparent, legal guardian of the individual or a court”?

Asked on May 27, 2013 under Estate Planning, New Mexico

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It depends on for whom this trust is going to help. Anyone can create such a trustee for a beneficiary...the issue will be what the trust states and who the trustees are in case the trustor passes. If this is regarding guardianship matters and medical aid to the person needing help and that person is a minor with living parents, it may require the parents to be named as trustees but your uncle should consult with an estate planning attorney and map out the specifics before one is written and executed.


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