The Special Needs Trust Fairness Act of 2013 Aims to Remedy a Significant Inequity for Individuals with Disabilities

By: Kristen DeNoia By way of a seemingly simple drafting error, Congress has written a significant inequity into law. The current language of the Omnibus Reconciliation Act of 1993 (“OBRA”) assumes that an individual with disabilities lacks the capacity to enter into a contract. This law allows individuals with disabilities, under 65 years old, to …

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