The Act would allow people with disabilities to establish there own self settled special needs trusts. A self settled special needs trust holds savings of a person with a disability who is receiving SSI, Funds in a self settled trust are not countable for SSI.
Under current law, a self settled special needs trust can only be established by a parent, grandparent, legal guardian, or by court authority; the SSI recipient cannot establish the trust. This often leads to situation where a person with a disability having to beg an estranged parent for a signature. In several cases, the person with a disability does not have a living parent and we are forced to go to court to establish the trust.
The Act if approved would further increase the independence of people with disabilities.