Senate passed H.R. 34, which includes the Special Needs Trust Fairness Act, TODAY December 7, 2016! The President has already stated his intent to sign the legislation. After the President’s signature, adult individuals with disabilities, who have capacity, can establish their own first party Special Needs Trust under 42 USC 1396p(d)(4)(A). No longer will competent adult disabled individuals in need of a Special Needs Trust require a parent, grandparent, court, or legal guardian to establish a Special Needs Trust for them which can create undue legal difficulties.