Special Needs Trust Fairness Act of 2013

Mr. President, I am pleased to introduce the Special Needs Trust Fairness Act with my friends, Senators Grassley, Rockefeller, and Enzi. Our common-sense bill will correct a fundamental flaw that prevents individuals with disabilities from creating their own trusts. This is a basic right that should have never been overlooked.

November is Long-Term Care Awareness Month, when hopefully many families will discuss and decide how to best plan for their retirement and their future health care needs. Unfortunately,

current law assumes people with disabilities lack the requisite capacity to create such trusts for their long-term care needs, so these individuals must turn to others to create such a trust. This creates an unnecessary and sometimes costly burden on the individual and additional caseloads in our overworked courts.

I also am pleased to have the support of the American Association of People with Disabilities and Easter Seals as well as the National Academy of Elder Law Attorneys, the Academy of Florida Elder Law Attorneys, the Academy of Special Needs Planners, and the Florida Joint Public Policy Task Force for the Elderly and Disabled.

I urge my colleagues to support me in this legislation so that we can finally correct this flaw.

Mr. President, I ask unanimous consent that letters of support be printed in the Record.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.