If a special needs trustee is not up to the job or intentionally mishandles the trust, it can be difficult for the beneficiary to change the trustee, according to the Wills, Trusts & Estates Prof Blog in "Can the Beneficiary of a Special Needs Trust Change the Trustee?"
The primary benefit of a special needs trust is to allow the beneficiary to have access to the Trust funds while remaining eligible for needs-based government benefits. However, special needs trusts are subject to numerous restrictions, rules and requirements. Among other things, they must be drafted and administered in very specific ways, and a third-party trustee is needed.
The beneficiary of a special needs trust can petition a Court to have the trustee removed and another appointed. However, this can be a difficult process and many people with special needs are not able to handle the complex legal issues of filing a petition with a Court, let alone arguing for a trustee change. This could potentially stick a beneficiary with a bad trustee and no recourse.
Accordingly, it is very important to ensure that special needs trusts are drafted with this potential problem in mind.
An estate planning attorney with experience in special needs planning can assist you with the preparation of a special needs trust.
Reference: Wills, Trusts & Estates Prof Blog (Sep. 27, 2017) "Can the Beneficiary of a Special Needs Trust Change the Trustee?"