Sen. Kelly applauds passage of Special Needs Trust Fairness Act

State Senator Kevin Kelly (R-Stratford) applauded the passage of the Special Needs Trust Fairness Act. Earlier this year, Connecticut passed legislation to adopt the Special Needs Trust Fairness Act as soon as it passed on the federal level. Wednesday, Dec. 7, the U.S. Senate passed H.R. 34, which included the Special Needs Trust Fairness Act and the President has already stated his intent to sign the legislation.

“I was proud to cosponsor legislation here in Connecticut in support of this bill and I want to offer a sincere thank you to the legislators in Washington for all of their hard work to turn this proposal into a reality,” said Sen. Kelly. “The Special Needs Trust Fairness Act is about fairness and empowerment – it will give special needs individuals the ability to protect their own assets and will end the presumption that all individuals with disabilities lack the mental capacity to handle their own affairs.”

“This act will also save valuable time and money. The act removes the requirement that these individuals go to probate court to have a trust set up in their name – a time consuming and costly process which involves unnecessary legal and court fees.”

Without the passage of this legislation federal law allowed disabled individuals to establish a trust to protect their assets, but only if that trust was established by a parent, grandparent, legal guardian or the court. Special needs individuals were not allowed to establish the trust themselves.

During the 2016 Legislative Session Senator Kevin Kelly proposed and co sponsored Senate Bill 392, which would make the Special Needs Trust Fairness Act effective in Connecticut upon passage in Congress.

State Senator Kevin Kelly (R-21) represents the towns of Monroe, Seymour, Shelton and Stratford. For more information visit