SNT Fairness Act Update

November 29, 2016

The SNT Fairness Act is included in a major end of year health package. The House plans to vote on the package Wednesday November 30th. The health package is called the 21st Century Cures Bill. The Special Needs Trust Fairness Act attempts to fix a problem that prevents disabled, but competent, individuals from establishing their own Special Needs Trusts. 

 

Under current law, a special needs trust can only be established by parents, grandparents, legal guardians, or a court. Individuals wanting to set up special needs trusts for themselves have to file a petition with a court, which can take many months.

 

The provision in the pending legislation allows non-elderly individuals with disabilities to establish their own special needs trust without having to file a petition with a court. A special needs trust is a specific type of trust defined in Medicaid statute that can only be established on behalf of non-elderly individuals with disabilities

 

Information on the pending legislation can be found here

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