Special Needs Fairness Act Allows Disabled Individuals to Establish Their Own Special Needs Trusts
by Jeramie J. Fortenberry, JD, LLM (Taxation) | Executive Editor and Legal Education Faculty, WealthCounsel
On December 7, 2016, the U.S. Senate approved the 21st Century Cures Act (H.B. 34) that is expected to be signed into law by President Obama shortly. Significant to all estate planners with disabled clients, this legislation includes the Special Needs Fairness Act, which finally rights what has long been considered an error in prior law regarding establishment of First-Party Special Needs Trusts for disabled individuals with mental capacity.
This small change has big consequences for your special needs clients. Read this 1-page brief to get up-to-speed on the changes, what it means for your clients, and how you can assist in planning for their ongoing physical, emotional, and financial needs.