Persons with disabilities will soon be able to create self-settled special needs trusts on their own behalf under 42 U.S.C. 1396p(d)(4)(A). Under current law, creation of such a trust required the signature of a parent, grandparent or legal guardian, or court approval.
Congress has overwhelmingly approved the 21st Century Cures Act and sent it to the President on December 8, 2016. This bill includes the language of the Special Needs Trust Fairness Act, which amends 42 U.S.C. 1396p(d)(4)(A) to allow an individual to create a special needs trust on his or her own behalf.
President Obama signed the bill on December 13, 2016 and it became effective immediately.