By Jason D. Lazarus, J.D., LL.M., MSCC
As the law currently stands, only a parent, grandparent, guardian or court order can establish a "stand alone" special needs trust for an injury victim. The exception to this is "pooled" special needs trusts which can be established by the injury victim themselves. There is an effort within Congress to make it easier to establish a "stand alone" special needs trust. The Special Needs Trust Fairness Act passed the House on September 20th and is headed to the Senate. If passed, an injury victim can establish their own special needs trust. Read more by clicking HERE