"D-4-A" Special Needs Trusts ensure that individuals with disabilities can use what savings they have to provide for their supplemental needs while still qualifying for long-term services and supports from means-tested programs like Medicaid without living in utter destitution.
Special Needs Trusts were first recognized by Congress in 1993, but, a likely oversight in drafting meant that only a parent, grandparent, legal guardian of the individual, or a court could establish a special needs trust. This meant that those who do not have a parent, grandparent, or legal guardian must petition the court, causing unnecessary legal fees and delay.
"This demeans persons with disabilities as the law effectively presumes they lack the capacity to handle their financial affairs. It also causes a lot of unnecessary judicial red tape," said Seal.