In 1993, Congress amended the Medicaid statute via the Omnibus Budget Reconciliation Act (OBRA) to recognize the use of special needs trusts. The purpose was to ensure that the funds allocated to a person with a disability is not subject to exploitation or waste while preserving the person\u2019s eligibility for means-tested public benefits. The problem; however, is that OBRA limited the establishment of such trusts to a parent, grandparent, or legal guardian of the person with a disability, or a court of competent jurisdiction. The statute failed to recognize the ability (more…)<\/span><\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":" On December 7, 2016, the Special Needs Trust Fairness Act passed Congress as part of the 21st Century Cures Act and is expected to be signed by President Obama very soon. This is a momentous victory for persons with disabilities…<\/span><\/p>\n