On December 7, 2016, the U.S. Senate approved the 21st Century Cures Act (H.B. 34) that is expected to be signed into law by President Obama shortly. Significant to disabled individuals, this legislation includes the Special Needs Trust Fairness Act, which finally rights what has long been considered an error in prior law regarding establishment of First-Party Special Needs Trusts for disabled individuals with mental capacity.

For the first time, persons with disabilities can now establish and fund their own special needs trust without the need to do so by a parent, guardian, or the court.

 

About Jerry

Jerold E. Rothkoff, a practicing New Jersey and Pennsylvania attorney, is the Principal of the Rothkoff Law Group, an elder care law firm. Jerry dedicates his practice to serving clients in the areas of life care planning, long-term care planning, Medicaid & VA benefits, and advocacy for the elderly and disabled. He is past President of the NJ Chapter of the National Academy of Elder Law Attorneys, former chair of the elder law section of the NJ State Bar Association, and past President of the Life Care Planning Law Firm Association. Jerry continues to be an outspoken advocate for the rights of the elderly and disabled. He writes for and gives presentations regularly to attorneys and other professionals about legal issues related to seniors and those with disabilities. Jerry’s community activities include the Twilight Wish Foundation, the Delaware Valley Stroke Council, the Alzheimer’s Association, as well as numerous other advocacy groups. When not in the office, Jerry spends time with his wife, Erica, and their five children, eighteen-year old identical twin girls, Liza and Julia, fifteen-year old fraternal twin boys, Evan and Gregory, and six-year old Aitan.

Leave a Reply