By signing the 21st Century Cures Act today, President Obama has signed into law a provision that allows competent disabled individuals to establish their own Special Needs Trust. New POMS from Social Security should address this issue here shortly.
For those individuals under the age of 65, you should consider whether to add language to your Power of Attorney document to allow for your agent to establish a payback SNT via power of attorney. If you have a disability, but have been on the fence about whether to take the plunge and set up an under-65 trust, contact your planner today to discuss how the new change in law affects the cost/benefit analysis.