One of the most important roles in a special needs plan is that of trustee, the person who administers a special needs trust (SNT). Of a trustee's many responsibilities, record-keeping is perhaps the most crucial. Because the trustee is managing accounts on behalf of someone else, every decision must be recorded with a paper or digital record. Here's a detailed look at the types of records the trustee must maintain.
From the creation of the SNT, the trustee is responsible for notifying the IRS about the formation of the trust and arranging to have a tax ID number assigned to it. Going forward, it is the trustee (not the parents or guardians) who files and prepares annual tax returns, and makes sure that any taxes due are paid.
The trustee must keep a thorough accounting of any funds entering or leaving the trust. These include payments to service providers such as therapists and teachers, fees for special education, living expenses, as well as reimbursements to third parties who incurred expenses on the care and support of the beneficiary. Receipts, paid invoices, and canceled checks for all trust-related expenses must be retained.
All communications with trust beneficiaries, donors, family members, and professionals such as accountants, attorneys, and investment advisors must be documented, including emails and telephone conversations.
These include financial documents such as bank statements, quarterly reports, confirmations, tax returns, and audits, as well as annual statements from insurance providers, health plans, and any legal notices. Especially important is correspondence relating to the trust from government agencies and benefits programs such as the Social Security Administration (SSA), Medicare, and Medicaid, which must be properly documented and filed.
Maintaining thorough records is important for several reasons. First of all, it helps the trustee do a thorough job, especially at tax time or when the family wants a detailed accounting of the SNT's activities. Good record-keeping is also a safeguard if the beneficiary wants more information or challenges the management of the trust in the future, and it protects the trustee from liability in a legal dispute. Other government entities such as the IRS or the SSA may require detailed records from previous years to evaluate benefits or conduct an audit.
If these duties seem too onerous or time-consuming for you, a professional can serve as trustee or co-trustee to take on this part of the work. And as with any aspect of planning for a dependent with disabilities, be sure to first consult with a special needs professional, here at Katzen Law. We can outline all the trustee's record-keeping responsibilities and answer any questions that may arise. Give us a call at 717-374-2244 or fill out this form and we'll call you back.