The Special Needs Trust Fairness Act, as part of H.B. 34, the 21st Century Cures, was passed this week with bipartisan support. This Act will allow a person who has special needs to sign his or her own first-party special needs trust. Previously, only a parent, grandparent, guardian or court could establish such a trust for the beneficiary. This Act corrects an error in the law that presumes that all persons with disabilities lack the mental capacity to handle their own affairs. This is a significant milestone for people who have special needs and those who advocate for them. This will change the way some special needs trusts are drafted and administered.
