Are Self-Settled Special Needs Trusts on the Horizon?

Rich Shapiro notes that two Representatives have recently introduced legislation (H.R. 2123)  to permit self-settled special needs trusts.

Special needs trusts allow a physically or mentally disabled beneficiary to draw from the trust for personal expenses, while still qualifying for government benefits (e.g. Medicaid). They are generally created by family members or by a court, to hold assets from a personal injury settlement or an inheritance.

The proposed legislation (which has bi-partisan support) will allow mentally competent disabled persons to create their own special needs trust, without the burden and cost of involving family members or the courts. (Note: the burden and cost of an attorney will still be required to create the trust; be sure to use one with knowledge of special needs trusts.)

Via NY Estate and Wealth Planning blog