Estate Planning for Families of Adults with Disabilities

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Planning for the future can feel overwhelming, but it’s one of the most meaningful gifts you can give your loved one. Estate planning ensures that your child with a disability will have the care, stability, and financial support they deserve—long after you’re no longer able to provide it personally.

Why Estate Planning Matters

Estate planning isn’t only about wealth—it’s about security, protection, and peace of mind. Families of individuals with intellectual and developmental disabilities (IDD) often have additional considerations when it comes to future care, benefits, and financial decisions.

A solid plan prevents interruptions in critical supports like Medicaid, SSI, or waiver programs, and helps ensure that your loved one’s needs and values continue to guide decisions in the years ahead.

Special Needs Trust (SNT)

A Special Needs Trust allows you to set aside funds for your loved one without affecting eligibility for Medicaid or Supplemental Security Income (SSI).

You can designate how funds may be used—such as for housing, therapy, education, or recreation—and appoint a trustee to manage the assets responsibly.

Types of trusts include:

  • First-Party Trusts – Funded with the individual’s own money (e.g., back payments, settlements).
  • Third-Party Trusts – Funded by family members or others, often through wills or life insurance.
  • Pooled Trusts – Managed by a nonprofit organization for multiple beneficiaries, often ideal for smaller estates.

ABLE Accounts (Achieving a Better Life Experience)

An ABLE account allows individuals with disabilities to save up to a certain amount each year without losing government benefits.

Funds can be used for disability-related expenses such as education, housing, healthcare, and transportation.

In Texas, families can open accounts through the Texas ABLE Program (TexasABLE.org).

Naming Future Guardians or Supporters

Include a section in your will that clearly identifies who should take over guardianship, financial decision-making, or personal advocacy if you’re no longer able.

Discuss your wishes openly with family and ensure that the chosen person understands your loved one’s needs, routines, and preferences.

Letter of Intent (LOI)

A Letter of Intent is not a legal document but serves as a guide for future caregivers.

It can include personal details about your loved one’s medical history, favorite activities, social routines, and goals for independence.

Many families describe it as a “roadmap” for future supporters.

Getting Started: When and Who to Contact

  • Meet with a Special Needs Attorney or Estate Planner. Choose someone experienced with Medicaid and SSI rules in Texas.
  • Gather key documents: birth certificate, Social Security card, guardianship papers, trust statements, and medical summaries.
  • Review your plan annually. Laws and benefits can change, and so can your child’s support needs.

 Helpful Tip

Coordinate your estate plan with your child’s case manager to ensure continuity across medical, educational, and community supports

This helps avoid benefit disruptions and keeps services aligned with your family’s long-term goals.

To explore more information, local contacts, and supports for families with disabilities, visit sacrd.org/IDD. At SACRD, we’re here to help families connect with the right resources so every child can learn, grow, and thrive.

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