Legal Question in Wills and Trusts in California

In the absence of a physician's recommendation, can an able bodied person refuse to work, and demand that the Supplemental Needs Trust entirely support them?


Asked on 6/09/15, 10:26 am

2 Answers from Attorneys

Scott Jordan Jordan Law Office

If the beneficiary is "able bodied", why was the SNT set up for him/her in the first place?

A SNT is not usually designed to provide total support to the beneficiary. It is a supplement to other social benefits. The trustee's duty is to protect the trust assets and use the assets for the benefit of the beneficiary and there are limitations, usually, on what the trust assets can be used for.

So, in the end, a physician's recommendation is not usually required. Whether the person is able bodied may call into question the legal basis for the SNT and the beneficiary cannot demand the trustee support them from the trust assets.

At this point, I suggest you contact a local estate planning attorney experienced with SNT's and seek the advice of counsel, who can review the trust and provide specific advice to you.

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Answered on 6/09/15, 11:34 am
Len Tillem Tillem McNichol & Brown

One aspect of a Special Needs Trust is that the beneficiary cannot compel the trustee to make distributions, however, the trustee still has an implied duty of good faith and fair dealing in deciding whether or not to make distributions. What this really means is that it's difficult for a SNT beneficiary to obtain any court order compelling distributions, and since the beneficiary typically has little to no income, a lawsuit isn't very likely.

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Answered on 6/09/15, 12:07 pm


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