NAELA PRAISES PASSAGE OF 21ST CENTURY CURES ACT

Michael H. Marks

INTRODUCTION Since 1979, Michael H. Marks has served as the principal at Marks Elder

Law, where he prepares estate planning documents, deeds, trusts, and helps families with benefits planning and applications. Additionally, he initiates and handles transactions and legal and financial arrangements for these purposes. In conjunction with his legal career, Michael H. Marks maintains active membership with the National Academy of Elder Law Attorneys, Inc. (NAELA).

NAELA recently expressed its appreciation and approval of Congress’ passage of the 21st Century Cures Act, specifically because of the positive impact the bill represents for elder care. Contained within the bill is the Special Needs Trust Fairness Act, which provides a common-sense fix for omissions in the law that presented an additional obstacle for people with disabilities who still had the mental ability to manage their personal affairs and wanted to create a self-funded special needs trust.

NATIONAL ACADEMY OF ELDER LAW ATTORNEYS, INC.

Laws established in 1993 made it more difficult for people with disabilities who did not have next of kin or legally appointed guardians to create special needs trusts. These individuals subsequently had to incur burdensome legal fees and navigate unnecessary legal steps to ask a court to create such a trust for them, in spite of their ability to make such decisions regarding their own lives and planning. 

NAELA President Catherine Anne Seal, CELA, CAP, praised the move by Congress to pass the bill, expressing relief that such individuals will now be able to create such trusts to protect and access their resources without enduring needless legal hurdles.