In a piece of good news, the U.S. Senate recently passed a bill that corrected an unfortunate oversight regarding special needs individuals in Illinois and their right to control their destinies.
When put in place in 1993 the Special Needs Trust Fairness Act ensured that people with disabilities could use their savings to take care of supplemental needs while not disrupting support from Medicaid and other programs.
That was a real step ahead allowing vulnerable individuals to live normal lives without being subjected to support clawbacks.
But there was an assumption in the law that all special needs people didn’t have the capacity or ability to make decision for themselves. Of course, that isn’t always true.
Nonetheless every special needs individual had to have a parent, grandparent or legal guardian in place to access services and even their own savings. To do so otherwise meant a visit to court to petition for their own trust, a process that is both costly and tiresome.
That stipulation about a legal guardian has now been dropped for those with special needs, which represents a more nuanced view of what the term “special needs” actually means.
It also represents an easier route for people to ensure they have control over their lives, which is a core value of us at Generation Law.
We take care of special needs trust isses for our clients to ensure they are able to live their lives as they wish. Removing the potential for others to control their lives is great news for special needs individuals with no mental liabilities.
To talk with us about these ideas and how you can help your loved ones be independent for as long as possible, please get in touch.