Recent Developments and Trends In Elder LawRecent Developments and Trends In Elder Law

The year 2016 and the beginning of 2017 have proven to be interesting in the world of elder law and special needs planning. From the passage of new and significant legislation, to the stagnation of proposed regulations, to new case law trends, changes continue in elder law and special needs planning, and practitioners must continue to stay abreast of these developments to continue to effectively assist their clients.

Special Needs Trust Fairness Act

Perhaps the most interesting piece of legislation passed last year was the Special Needs Trust Fairness Act (the Act). Passed on Dec. 13, 2016, the Act amended 42 U.S.C. Section 1396p(d)(4)(A) to include “the individual” in the statute. This change allows an individual with a disability to crea...