Special Needs Trust "Sole Benefit Rule" and Support of Spouse and Children
There are no clear instructions from the Social Security Administration on whether a trustee of a Special Needs Trust can use a disabled person's d4A Special Needs Trust to support a healthy spouse and dependent children.
For statutory and policy reasons, we argue, not only can a trustee use a disabled beneficiary's self-settled SNT funds in the appropriate circumstance to support these dependents, but failure to do so may have criminal consequences.
See our six-page Thoughtson the matter, attached, which reference the federal and state statutes that apply to this issue.
