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Earlier this year, Connecticut passed legislation to adopt the Special Needs Trust Fairness Act as soon as it passed on the federal level.
“The Special Needs Trust Fairness Act is about fairness and empowerment – it will give special needs individuals the ability to protect their own assets and will end the presumption that all individuals with disabilities lack the mental capacity to handle their own affairs," Kelly said.
“This act will also save valuable time and money. The act removes the requirement that these individuals go to probate court to have a trust set up in their name – a time consuming and costly process which involves unnecessary legal and court fees.”
Without the passage of this legislation, federal law allowed disabled individuals to establish a trust to protect their assets, but only if that trust was established by a parent, grandparent, legal guardian or the court. Individuals with special needs were not allowed to establish the trust themselves.
Kelly represents the towns of Monroe, Seymour, Shelton and Stratford.
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