Our special needs planning services include:
Special Needs Trust
A Special Needs Trust helps your loved one with special needs remain eligible for needs-based benefits while providing other assets to enhance the beneficiary's quality of life.
It supplements, rather than replaces, essential support from government programs like Medicaid, covering expenses such as:
- Education
- Medical Costs
- Transportation
- Recreation
- Home Modifications
Special needs trusts in Texas come in two main types, and the difference depends on whose money funds the trust:
- A third-party special needs trust is funded by parents, grandparents or other relatives, and whatever remains at the beneficiary's death passes to the family members you choose, with no Medicaid payback.
- A first-party special needs trust is funded with the beneficiary's own assets, such as a personal injury settlement, back benefits or an inheritance received directly, and Medicaid must be repaid from what remains at the beneficiary's death.
The provisions to create a Special Needs Trust can be incorporated into a parent's
Revocable Living Trust, meaning it does not have to be a stand-alone document. The trust can also receive life insurance proceeds and retirement accounts when beneficiary designations name the trust correctly, which is one of the most common details we check. As a special needs trust attorney serving Collin County, we also help the person you name as trustee
understand their duties, from approving distributions to keeping records that satisfy the benefits rules.
ABLE Accounts
An ABLE Account (Achieving a Better Life Experience) empowers individuals with disabilities to save and invest in a tax-free environment without jeopardizing their eligibility for needs-based public benefits. In Texas, these accounts are offered through the Texas ABLE program, and they work alongside a special needs trust rather than replacing it.
Starting in 2026, anyone whose disability began before age 46 can open an ABLE account, up from age 26 under the original rules. That change opens the door for many adults whose disability began later in life.
ABLE Accounts can be used to pay for a variety of expenses related to living with a disability including:
- Education
- Housing
- Transportation
- Medical Care
The beneficiary, parents, relatives and friends can all contribute to the same account each year, up to an annual limit. Because the beneficiary can manage the account and spend from it directly, an ABLE account gives your loved one more independence and day-to-day control over everyday purchases than a trust does.

