[Congressional Record Volume 159, Number 158 (Thursday, November 7, 2013)]
[Senate]
[Pages S7929-S7930]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. NELSON (for himself, Mr. Grassley, Mr. Rockefeller, and
Mr. Enzi):
S. 1672. A bill to amend title XIX of the Social Security Act to
empower individuals with disabilities to establish their own
supplemental needs trusts; to the Committee on Finance.
Mr. NELSON. Mr. President, I am pleased to introduce the Special
Needs Trust Fairness Act with my friends, Senators Grassley,
Rockefeller, and Enzi. Our common-sense bill will correct a fundamental
flaw that prevents individuals with disabilities from creating their
own trusts. This is a basic right that should have never been
overlooked.
November is Long-Term Care Awareness Month, when hopefully many
families will discuss and decide how to best plan for their retirement
and their future health care needs. Unfortunately,
[[Page S7930]]
current law assumes people with disabilities lack the requisite
capacity to create such trusts for their long-term care needs, so these
individuals must turn to others to create such a trust. This creates an
unnecessary and sometimes costly burden on the individual and
additional caseloads in our overworked courts.
I also am pleased to have the support of the American Association of
People with Disabilities and Easter Seals as well as the National
Academy of Elder Law Attorneys, the Academy of Florida Elder Law
Attorneys, the Academy of Special Needs Planners, and the Florida Joint
Public Policy Task Force for the Elderly and Disabled.
I urge my colleagues to support me in this legislation so that we can
finally correct this flaw.
Mr. President, I ask unanimous consent that letters of support be
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
American Association of
People With Disabilities,
Washington, DC, October 31, 2013.
Hon. Bill Nelson,
U.S. Senate, Senate Hart Office Building, Washington, DC.
Hon. Charles Grassley,
U.S. Senate, Senate Hart Office Building, Washington, DC.
Dear Senator Nelson and Senator Grassley: I am pleased to
support the Special Needs Trust Fairness Act of 2013 (H.R.
2123 in the House) on behalf of the American Association of
People with Disabilities (AAPD). I commend your bipartisan
effort to empower people with disabilities by introducing
this legislation. The Special Needs Trust Fairness Act will
allow people with disabilities to set up a special needs
trust for themselves.
AAPD is the nation's largest disability rights
organization. We promote equal opportunity, economic power,
independent living and political participation for people
with disabilities. Our members, including people with
disabilities and our family, friends, and supporters,
represent a powerful force for change.
A special needs trust allows assets to be held in a trust
and protects against the risk of complete impoverishment. As
you know, due to a glitch in the current law, a capable,
competent person with a disability is prohibited from
creating her or his own special needs trust. We are in the
position of having to ask a parent, grandparent, guardian, or
the court to do so for us. This legislation not only
eradicates this discrimination against people with
disabilities, but also promotes self-sufficiency and
independence.
Thank you for your leadership on this important issue. AAPD
looks forward to working with you on passage of the Special
Needs Trust Fairness Act of 2013. Please feel free to contact
Colin Schwartz if you have any questions.
Sincerely,
Henry Claypool,
Executive Vice President.
____
Easter Seals,
Office of Public Affairs,
Washington, DC, October 31, 2013.
Hon. Bill Nelson,
Chairman, Special Committee on Aging, U.S. Senate, Dirksen
Senate Office Building, Washington, DC.
Dear Chairman Nelson: Easter Seals is pleased to support
your efforts to introduce the Special Needs Trust Fairness
Act of 2013 in the United States Senate. This legislation
would empower individuals with disabilities to help plan and
save for their future daily living expenses by allowing them
to set up a special needs trust for themselves, which is
prevented under current law.
Easter Seals is a national nonprofit organization that
provides individualized services and supports to help people
with disabilities or special needs and their families reach
their potential. Through our network of 72 community-based
affiliates, including the four that serve the state of
Florida, Easter Seals assisted more than 1.4 million
individuals and their families last year through community-
based services, including medical rehabilitation, employment,
child care, adult and senior services, caregiving, and
camping and recreation.
Easter Seals understands how important access to quality
services and long-term supports are for individuals with
disabilities. One tool to help ensure individuals with
disabilities have access to these essential services and
support beyond what is available through the government is
through a special needs trust. Currently, a special needs
trust can be created for a person with a disability by family
members, a guardian or the court. Unfortunately, current law
prevents people with disabilities from creating their own
special needs trust for their asset, which can later be used
to supplement living expenses and care when government
benefits alone are insufficient. This legislation would
remove this barrier, giving individuals with disabilities
direct access to a current tool that can help them live
independently and improve their health and well-being.
Thank you for your leadership on this important issue.
Easter Seals looks forward to working with you following your
introduction of the Special Needs Trust Fairness Act of 2013
to help ensure the legislation receives consideration and
approval during the 113th Congress.
Sincerely,
Katy Beh Neas,
Senior Vice President,
Government Relations.
____
National Academy of Elder
Law Attorneys, Inc.,
Vienna, VA, November 7, 2013.
Hon. Bill Nelson,
Senate Hart Office Building,
Washington, DC.
Dear Senator Nelson: We congratulate you for your
leadership in protecting individuals with disabilities from
unjust and discriminatory laws and we applaud your
introduction of the Special Needs Trust Fairness Act of 2013.
As you know, currently under the law, individuals with
disabilities who have the requisite mental capacity are
prevented from creating their own special needs trusts, which
Congress has already authorized. They must have a parent,
grandparent, guardian, or the court create their special
needs trust even though they have the mental capacity to do
it themselves.
As elder law attorneys, NAELA members' clients experience
this injustice on a regular basis. Not all individuals have a
parent, grandparent or guardian who can create their special
needs trusts for them, and many of these individuals are
forced to petition a court and pay additional fees to have a
special needs trust. The Special Needs Trust Fairness Act of
2013 will remove the current barriers that prevent an
individual with disabilities from creating his or her own
special needs trust.
NAELA is a professional association consisting of more than
4,300 attorneys who advocate for the rights of seniors and
people with disabilities. Elder law attorneys are specialized
and trained in a variety of areas in the law that address an
individual's long-term care needs.
NAELA has made your legislation a top priority and stands
ready to assist you in securing passage of the Fairness Act
and eliminating this unjustified discrimination in the law.
Sincerely,
Peter G. Wacht, CAE,
Executive Director.
Howard S. Krooks, CELA, CAP,
President.
____________________