The fight is not over to have the Special Needs Trust Fairness Act become law. The Act has won a victory in the Senate, but to make it out of a House subcommittee, supporters need to contact their representatives in Washington and tell them how important this act is.
Special Needs Trusts are a commonly used tool for people with disabilities set up by their parents or grandparents. They allow assets to be protected and ensure that the special needs individual will have the resources they need when their parents are no longer living and able to financially support them.
But if a person with special needs wants to set up their own special needs trust, they cannot do so without first going to court and going through a long, complex process to get permission.
The Social Security Act provision that allows for these trusts is written such that only a person’s parents or grandparents can create the trusts. So, disabled people without living relatives able to create the trusts for them face a long, uphill battle to create the vital trusts.
Thus, it was a resounding victory for people with special needs when the Senate unanimously passed the Special Needs Trust Fairness Act that would allow people to create the trusts for themselves.
Special Needs Answers reported this development in “Senate Passes Special Needs Trust Fairness Act; Focus Shifts to House.”
Unfortunately, this legislation appears to be currently stuck in a House subcommittee. It is not expected to make it out of committee in the House without additional support. People who are interested in seeing this legislation passed should contact their representatives and encourage support of the Special Needs Trust Fairness Act.
Do You Need To Speak With An Attorney About Estate Planning?
If you need to speak with an experienced estate planning lawyer please contact us online or call us directly at 800.756.5596 to claim your space at one of our free, informative seminars. Your attendance will qualify you for a discount for our estate planning services. We proudly serve clients throughout California with offices in Torrance, Newport Beach, Orange, Woodland Hills and Pasadena.