Special Needs Planning Attorney in Frisco, TX

Ensure ongoing support for loved ones

We help Frisco and Collin County families build special needs plans that combine trusts, ABLE accounts and decision-making documents, explained in plain language, so you can provide for your loved one without an inheritance or gift costing them SSI or Medicaid.

Empower Their Future

Provide for Your Loved One Without Putting Their Benefits at Risk

Special needs planning can feel overwhelming, especially when you are already balancing therapies, school meetings and everyday care. From our Frisco office, we work with families across Frisco, McKinney, Plano and Collin County to create a plan that keeps vital government benefits in place while setting aside money for a better quality of life, now and in the future.


The families we help most often include:


  • Parents of young children with special needs who want a plan in place in case something happens to them.
  • Parents of kids approaching 18 who need to prepare for the legal and benefits changes that come with adulthood.
  • Families providing for an adult son, daughter, sibling or other loved one with a disability.


Supplemental Security Income (SSI) and Medicaid are needs-based programs, which means they look at how much money and property your loved one has in their own name. An inheritance, a gift or even a well-meant life insurance payout left directly to them can push them over the limit and end their eligibility. The right planning tools let you leave them everything you intend to, in a form the benefits rules do not count against them.

Our special needs planning services include:

Award ribbon badge with a medical cross icon in the center

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.

Black outlined heart with a zigzag pulse line inside on a white background

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.

ABLE Account vs Special Needs Trust: Which Does Your Family Need?

A special needs trust is built to hold larger amounts over a lifetime, such as an inheritance, life insurance or the proceeds of a family home. It has no cap on how much it can hold, a trustee you choose manages it, and a third-party trust leaves what remains to your family with no Medicaid payback.


An ABLE account is built for flexibility. Contributions are limited each year, the beneficiary can often manage and spend the money directly, and housing costs paid from an ABLE account generally do not reduce a monthly SSI check the way housing paid by a trust can. Funds left in an ABLE account at the beneficiary's death may be subject to a Medicaid payback claim.


Many families use both, with each tool doing a different job:


  • The special needs trust holds the long-term inheritance and life insurance.
  • The ABLE account covers everyday spending and rent with more independence for your loved one.
  • The trustee can move money from the trust into the ABLE account as needs arise.


We walk through how the two fit together for your family before anything is signed, so you know exactly what each one will do.

Planning for the Transition to Adulthood at 18

On your child's 18th birthday, the law treats them as an adult, whatever their abilities. Parents no longer have automatic authority to see medical records, speak with doctors or schools, or make financial decisions on their behalf.


Turning 18 brings several changes at once:


  • Parents lose the legal right to make medical, educational and financial decisions for their child.
  • SSI looks only at your child's own income and assets, which often makes an adult child newly eligible.
  • Any money held in your child's name, including custodial accounts, can affect benefits and should be planned for in advance.


Families then face an important choice about decision-making. Guardianship gives a court-appointed guardian legal authority to make some or all decisions for an adult who cannot make them safely. A Supported Decision-Making Agreement in Texas is a less restrictive alternative that lets an adult with a disability keep making their own decisions, with help from a trusted supporter who can gather information and explain options. Where your child is able to sign them, powers of attorney and a HIPAA Authorization can also give you the access you need. We cover these in more detail in our article on key documents for kids turning 18.

Two overlapping speech bubbles, one white with a question mark and one black with lines.

Answers to Common Special Needs Planning Questions in Texas

  • How do I leave money to my child with special needs without losing their SSI or Medicaid in Texas?

    Leave it to a third-party special needs trust instead of to your child directly. Money held in the trust does not count against SSI or Medicaid eligibility, and a trustee you choose uses it for your child's supplemental needs. The trust can be written into your Revocable Living Trust and named as beneficiary of life insurance and retirement accounts.

  • What is the difference between a special needs trust and an ABLE account in Texas?

    A special needs trust holds larger amounts with no cap and is managed by a trustee, while an ABLE account holds smaller annual contributions that the beneficiary can often spend directly. A third-party special needs trust has no Medicaid payback, while funds left in an ABLE account may be subject to one. Many Texas families use both, with the trust holding the inheritance and the ABLE account covering everyday costs.

  • What happens to my child's benefits when they turn 18?

    At 18, SSI stops counting parents' income and assets and looks only at your child's own, which often makes an adult with a disability eligible for the first time. Your legal authority as a parent also ends that day. Planning a year or two ahead gives you time to apply for benefits and put guardianship or a Supported Decision-Making Agreement in place.

  • What is a Supported Decision-Making Agreement in Texas?

    A Supported Decision-Making Agreement is a written agreement under Texas law that lets an adult with a disability make their own life decisions with help from a trusted supporter. The supporter can help gather information, explain options and communicate the adult's choices, but the adult keeps the final say. It is often used in place of guardianship for adults who need support rather than a substitute decision-maker.

  • Do I need a special needs planning attorney near Frisco, Texas?

    Working with a special needs planning attorney helps you avoid the small drafting and beneficiary designation mistakes that can cost a loved one their benefits. Our Frisco office works with families across Collin County, and we start with a free 15-minute call. You can also read more common questions about special needs trusts on our FAQ page.

A Special Needs Plan That Keeps Caring for Them

A special needs plan is not something you sign once and file away. Benefits rules change, families grow and your loved one's needs shift over time, so we revisit the plan with you as life moves forward. For more than 20 years, Amy has worked with families this way, and she and our small, personal team, including paralegal Ash Jenkins, stay available for your questions long after the documents are signed.

Amy L. Jenkins is a member of the State Bar of Texas, the Collin County Bar Association and the Collin County Women Lawyers Association. Read client testimonials