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The Supreme Court, Broome County, orders a special needs trustee to repay money that she did not use to benefit the individual with a disability. In Matter of Ellen H.(N.Y. Sup. Ct. Broome Ct. No. 1984XXXXX, March 5, 2024).
Ellen H. and her late husband, Scott H., were co-trustees of a special needs trust (SNT) for their daughter, Cassandra, who was under guardianship. As part of this role, they were supposed to fund the trust with annuity and settlement payments. After Cassandra’s death, the money left over would repay the government for the benefits she received.
Before he died, the father stopped depositing payments into the SNT. Instead, he began depositing them into accounts with nicknames indicating they were for their daughter.
Cassandra resided in a group home, away from her parents, and her mother was her guardian.
After Cassandra’s father passed away, Mental Hygiene Legal Service (MHLS) asked the court to surcharge her mother for misused funds. The Court Evaluator found that only $58,000 was in an account for Cassandra’s benefit. More than $500,000 remained unknown. The evaluator also found that $200,000 in expenditures in accounts held for Cassandra appeared not to benefit her. Charges included payments on automobile loans and personal loans for the parents, travel expenses for the parents, payments for driveway repaving and a hot tub at Ellen H.’s home, car repairs, and miscellaneous shopping. Since Cassandra did not live with her family, none of the home improvement or car payments benefited her.
The mother failed to supply a complete and accurate accounting of how she spent her daughter’s money.
On Cassandra’s behalf, MHLS asked the court to surcharge Ellen H. for more than $500,000 in improper and unsupported expenditures.
As a trustee, Ellen H. abused her discretion when she used money meant for Cassandra for herself. The vast majority of expenditures did not primarily benefit Cassandra.
She breached her fiduciary duty by acting against her daughter’s best interests and violating the terms of the trust. The trust states its purpose is to provide for Cassandra while maintaining public benefits eligibility. The payments jeopardized Cassandra’s eligibility for public benefits.
The mother also breached her fiduciary duty by holding Cassandra’s money in accounts not titled in the name of the guardianship or trust.
Because Ellen H. breached her fiduciary duty and misappropriated her daughter’s money, the court orders her to repay $450,000 as a surcharge. However, because MHLS did not challenge the guardianship, Ellen H. can continue to be her daughter’s guardian.
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SNT Trustee Must Pay Back Misappropriated Funds
The Supreme Court, Broome County, orders a special needs trustee to repay money that she did not use to benefit the individual with a disability. In Matter of Ellen H.(N.Y. Sup. Ct. Broome Ct. No. 1984XXXXX, March 5, 2024).
Ellen H. and her late husband, Scott H., were co-trustees of a special needs trust (SNT) for their daughter, Cassandra, who was under guardianship. As part of this role, they were supposed to fund the trust with annuity and settlement payments. After Cassandra’s death, the money left over would repay the government for the benefits she received.
Before he died, the father stopped depositing payments into the SNT. Instead, he began depositing them into accounts with nicknames indicating they were for their daughter.
Cassandra resided in a group home, away from her parents, and her mother was her guardian.
After Cassandra’s father passed away, Mental Hygiene Legal Service (MHLS) asked the court to surcharge her mother for misused funds. The Court Evaluator found that only $58,000 was in an account for Cassandra’s benefit. More than $500,000 remained unknown. The evaluator also found that $200,000 in expenditures in accounts held for Cassandra appeared not to benefit her. Charges included payments on automobile loans and personal loans for the parents, travel expenses for the parents, payments for driveway repaving and a hot tub at Ellen H.’s home, car repairs, and miscellaneous shopping. Since Cassandra did not live with her family, none of the home improvement or car payments benefited her.
The mother failed to supply a complete and accurate accounting of how she spent her daughter’s money.
On Cassandra’s behalf, MHLS asked the court to surcharge Ellen H. for more than $500,000 in improper and unsupported expenditures.
As a trustee, Ellen H. abused her discretion when she used money meant for Cassandra for herself. The vast majority of expenditures did not primarily benefit Cassandra.
She breached her fiduciary duty by acting against her daughter’s best interests and violating the terms of the trust. The trust states its purpose is to provide for Cassandra while maintaining public benefits eligibility. The payments jeopardized Cassandra’s eligibility for public benefits.
The mother also breached her fiduciary duty by holding Cassandra’s money in accounts not titled in the name of the guardianship or trust.
Because Ellen H. breached her fiduciary duty and misappropriated her daughter’s money, the court orders her to repay $450,000 as a surcharge. However, because MHLS did not challenge the guardianship, Ellen H. can continue to be her daughter’s guardian.
<p><span style="font-size:14.0pt"><span style="color:#0e101a"><img alt="Special Needs Answers case summary." src="https://cdn.elderlawanswers.com/common/uploads/photos/19452-ASNP Badge Case Summary.jpg" style="float:right; height:200px; margin-left:10px; margin-right:10px; width:356px" />The Supreme Court, Broome County, orders a special needs trustee to repay money that she did not use to benefit the individual with a disability. </span><span style="color:#4a6ee0"><em><a href="https://law.justia.com/cases/new-york/other-courts/2024/2024-ny-slip-op-50248-u.html" target="_self">In Matter of Ellen H.</a></em> </span><span style="color:#0e101a">(N.Y. Sup. Ct. Broome Ct. No. 1984XXXXX, March 5, 2024).</span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">Ellen H. and her late husband, Scott H., were co-trustees of a special needs trust (SNT) for their daughter, Cassandra, who was under guardianship. As part of this role, they were supposed to fund the trust with annuity and settlement payments. After Cassandra’s death, the money left over would repay the government for the benefits she received. </span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">Before he died, the father stopped depositing payments into the SNT. Instead, he began depositing them into accounts with nicknames indicating they were for their daughter. </span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">Cassandra resided in a group home, away from her parents, and her mother was her guardian. </span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">After Cassandra’s father passed away, Mental Hygiene Legal Service (MHLS) asked the court to surcharge her mother for misused funds. The Court Evaluator found that only $58,000 was in an account for Cassandra’s benefit. More than $500,000 remained unknown. The evaluator also found that $200,000 in expenditures in accounts held for Cassandra appeared not to benefit her. Charges included payments on automobile loans and personal loans for the parents, travel expenses for the parents, payments for driveway repaving and a hot tub at Ellen H.’s home, car repairs, and miscellaneous shopping. Since Cassandra did not live with her family, none of the home improvement or car payments benefited her. </span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">The mother failed to supply a complete and accurate accounting of how she spent her daughter’s money. </span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">On Cassandra’s behalf, MHLS asked the court to surcharge Ellen H. for more than $500,000 in improper and unsupported expenditures. </span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">As a trustee, Ellen H. abused her discretion when she used money meant for Cassandra for herself. The vast majority of expenditures did not primarily benefit Cassandra. </span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">She breached her fiduciary duty by acting against her daughter’s best interests and violating the terms of the trust. The trust states its purpose is to provide for Cassandra while maintaining public benefits eligibility. The payments jeopardized Cassandra’s eligibility for public benefits.</span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">The mother also breached her fiduciary duty by holding Cassandra’s money in accounts not titled in the name of the guardianship or trust. </span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">Because Ellen H. breached her fiduciary duty and misappropriated her daughter’s money, the court orders her to repay $450,000 as a surcharge. However, because MHLS did not challenge the guardianship, Ellen H. can continue to be her daughter’s guardian. </span></span></p>
<p><span style="font-size:14.0pt"><a href="https://law.justia.com/cases/new-york/other-courts/2024/2024-ny-slip-op-50248-u.html" target="_self"><span style="color:#4a6ee0">Read the full opinion</span></a>.</span></p>
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The Supreme Court, Broome County, orders a special needs trustee to repay money that she did not use to benefit the individual with a disability. In Matter of Ellen H. (N.Y. Sup. Ct. Broome Ct. No. 1984XXXXX, March 5, 2024).
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