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Can a California Special Needs Trust Beneficiary Remove a Trustee?

12/21/2022 | Special Needs Trust
Can A California Special Needs Trust Beneficiary Remove A Trustee

Having the right person or entity as trustee for your California special needs trust is essential to making sure you have the provisions you need for your support.  The trustee will make investment and other financial decisions and order disbursements from the trust for your benefit.  In a perfect world, your chosen trustee would always be ideal for this role.  However, what are your options as a beneficiary when a trustee is not working out? Can a California special needs trust beneficiary remove a trustee?

Reasons to Make a Change

It could be that when you chose the trustee of your California special needs trust, he or she appeared to have the expertise and abilities needed to make prudent choices for your well-being.  However, over time, you may have developed concerns that this individual did not have a good grasp of financial markets or the limitations imposed by government benefit programs.  It may also be that you don’t get along with the trustee or feel that he or she does not communicate well.  A trustee may have also been adequate at one time but now has a health problem which interferes with his or her ability to manage the trust.

Removal of a Special Needs Trust Trustee

In general, a California trustee can be removed for reasons such as failing to perform a duty, mismanaging assets, or no longer being able to carry out those tasks which are necessary for his or her position.  Typically, it is not enough for a beneficiary to merely state that a trustee should be removed.  The beneficiary is also going to need evidence to support the proposed change.  This can be challenging, especially if the beneficiary’s condition creates barriers to communication or movement. Additionally, if the beneficiary is under conservatorship, there can be further complications with gathering evidence and taking action to remove the trustee.

Contact a Special Needs Trust Attorney

If you have concerns regarding your California special needs trustee, it would be best to consult with a California special needs trust attorney who can help you evaluate your situation.  At the Law Offices of Alice A. Salvo, we understand the importance of the California special needs trustee and have the expertise you need to take a comprehensive look at your situation.  Contact us today to schedule your free consultation.