What does it mean?
Until the passage of this Act, a special needs trust could not be established by the disabled beneficiary themselves. Someone other than the disabled person had to establish the trust: the assumption being that a disabled individual lacked the mental ability to establish a trust for their own benefit. Obviously, a glaringly incorrect assumption about individuals with disabilities. During my NAELA (National Academy of Elder Law Attorneys) presidency, and right up to the passage of the Act – NAELA has been instrumental in keeping this legislation in the forefront of necessary and important special needs change. We celebrate the Special Needs Trust Fairness Act today.
Click here to see a brief description of the Act.
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