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MAKING THE “NORMAL” CHILD THE TRUSTEE OF TRUST FOR DISABLED SIBLING

Problem:

Parents have made one sibling a caretaker for another sibling.  “Normal” sibling has an unwanted responsibility or is overwhelmed by Special Needs sibling.  Results can be resentment, manipulation, harassment.  Special Needs sibling may be competent and capable of commencing court action even if to his own detriment.

Solutions:

Objective identification of Special Needs child

Trust construction with private trustee experienced in Special Needs Trusts

Funding organizations that become caretakers for Special Needs child

“Normal” Child oversight as special Trustee, but not primary Trustee

Arranging Trust or living arrangements before triggering event