This May, members of the Special Needs Alliance (SNA) traveled to Washington D.C. for their annual spring meeting and a “Day on the Hill.” During their visit to Capitol Hill, SNA members briefed their local members in the Congress and Senate on issues regarding public policy, advocacy and special needs trusts (SNTs).

Littman Krooks attorney and SNA member Amy C. O’Hara, Esq., spoke with aides of Rep. Eliot Engel (NY) and Sen. Kristen Gillibrand (NY) to discuss and act on what appears to be a simple drafting error in the writing of the Omnibus Budget Reconciliation Act of 1993.

The drafting error in this bill makes the presumption that that an individual who is disabled lacks the requisite mental capacity to create his or her own first party SNT. The proposed change to 42 USC