It is now easier to establish a self-settled Special Needs Trust for your clients. Effective date as of December 31, 2016, Section 1917 (d)(4) (A) was revised to allow an individual with a disability as defined by the Social Security Act to establish his or her own Special Needs Trust.
Now, it is no longer necessary to have a court establish the Special Needs Trust. The new Federal Law, “21st Century Cures Act” may reduce the time, money and effort in having to establish a Special Needs Trust.
We have attached a copy of the applicable section of the Act. If you have clients with a disability receiving means-tested government benefits and receiving a settlement, the client themselves can establish their own Special Needs Trust and protect their government benefits.
If you have any other questions or need a Special Needs Trust established contact either Pete Losavio or Kent DeJean at (225)769-4200.