Fairness Act

Special Needs Fairness Act

Yesterday, the Senate passed the Special Needs Trust Fairness Act. After the President’s signature, individuals with disabilities, who have capacity, can create their own (D)(4)(A) special needs trusts. This ends the false presumption in American law that all individuals with disabilities lack the mental capacity to handle their own affairs. No longer will individuals in need of a special needs trust, but without parents or grandparents, face undue legal difficulties.