A Trust Protector is neither a trustee of the trust nor a beneficiary of the trust. Generally, the Trust Protector should also not be the grantor, the grantor’s spouse or any other person who has contributed or will contribute funds to the trust.
The Trust Protector is the person named in the trust to provide independent oversight to accomplish the stated purpose of the trust. Trust protectors can enhance the trust’s original purpose specifically when the Trust Protector is included in a Special Needs Trust. For example, a Trust Protector in a Special Needs Trust could be given the responsibility to over see the beneficiary’s needs and advise the trustee as to what is needed for the care and comfort of the beneficiary. The Trust Protector could also be empowered to determine appropriate placement for the beneficiary and to follow up on the care provided to the beneficiary.