On December 7, 2016, Congress passed the Special Needs Trust Fairness Act, which amends 42 U.S.C. Sec. 1396p(d)(4)(A). This law erroneously presumed that all persons with disabilities do not have the capacity to create their own special needs trusts. To create a special needs trust funded with a person’s own money, his or her parent, grandparent, guardian, or a court had to create the trust. The Special Needs Trust Fairness Act amends this false presumption that all persons with disabilities do not have the mental capacity to establish a trust.
Once signed by President Obama, persons with disabilities who have mental capacity and are under the age of 65 can create a special needs trust!
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