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Special Needs Fairness Act: What You Need to Know

 

Toward the end of 2016 the Senate approved a new law, the 21st Century Cures Act that had a huge impact on Special Needs Trusts and adults with developmental & physical disabilities. The new law included the Special Needs Trust Fairness Act which states individuals with disabilities can now create their own special needs trust (if they have the correct mental competence).

A special needs trust is used to protect various government benefits like Supplemental Security Income (SSI), Medicaid, and other means-tested benefits while also allowing the recipient to receive their inheritance after a parent or relative passes away.

Programs such as SSI and Medicaid restrict an applicant's maximum asset limitation to $2000. Special Needs trusts can be used as a way to set money aside and help the recipient pay for expenses not covered by those programs.


The old law was restrictive in nature only and allowed family members to establish a trust for a person with special needs. The law was based on the false idea that a person with a disability did not have the mental capacity to create their own trust document.

Contact Elder Law Services of California For a FREE Consultation

If you have any question about a special needs trust or need any other estate planning help, we are here to guide you through the process. Contact us at (800) 403-6078 for a free phone Consultation today. Our team of expert attorneys looks forward to working with you.

Serving Our Community Since 1995

Elder Law Services of California, APLC provides the same strategic planning and legal representative of larger firms, yet in a personalized, family-like manner. Our priority is to provide the highest level of legal services and client satisfaction when representing your Medi-Cal Planning, Estate Planning, Trust Administration, or Probate cases. Above all, we understand the importance of you and your family’s financial future and legal security.

Our team of Attorneys and legal support staff have assisted thousands of different families by giving them the freedom to plan for the security of their future, while also providing peace of mind with our experienced legal advice. As our name, Elder Law Services of California, APLC serves all families in California, with convenient locations throughout Los Angeles, as well as locations in Northern California, and San Diego.

Whether you need to qualify for Medi-Cal, pay for long-term care, create an estate plan and powers of attorney, proceed a conservatorship, protect your assets, or deal with the loss of a loved one, our team is there for you every step of the way. Sadly, many families are unprepared for any significant planning for their future, so take the first step today to protect your family’s integrity.

Elder Law Services  of California, APLC.
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