Special Needs Lawyer in El Paso

Protecting Benefits and Planning for Your Loved One’s Future

If you care for a child or adult with a disability, you probably think often about what will happen when you are no longer here to help. A well-meaning gift or inheritance can unintentionally cause your loved one to lose SSI, Medicaid, or other critical support if it is not structured correctly. Our goal is to help you put a plan in place that protects benefits, respects your loved one’s dignity, and gives your family greater peace of mind.

Spencer Trial Attorneys, P.C. is a family-owned law firm based in El Paso that focuses on estate planning and probate work for Texans. Our attorneys understand how special needs planning fits into the broader picture of your family’s future, and we take time to explain your options in clear, practical terms. We work with families across the area who want a thoughtful, durable plan, not just a set of forms.

We know you are already carrying a heavy load as a caregiver. Our team strives to make the planning process manageable and respectful of your time, with flexible consultations and transparent communication from the first call forward.

Get comprehensive legal guidance from a special needs attorney in El Paso you can trust. Call (915) 233-6955 or contact us promptly to schedule your consultation.

Planning for a Loved One With Special Needs

Families rarely start thinking about legal planning because everything is calm and easy. Many parents and grandparents reach out after a diagnosis, as a child approaches adulthood, or when they experience a health scare themselves. Others contact us when they are updating a will and suddenly realize that leaving money directly to a disabled loved one could create problems that are difficult to fix later.

Caregivers we meet in El Paso often juggle medical appointments, therapy, school meetings, and work, sometimes across multigenerational households. They want to protect a vulnerable family member, but they also want to be fair to other children and avoid future conflict. It can feel overwhelming to sort through terms like special needs trusts, ABLE accounts, or guardianship when you are already tired.

Special needs planning is about more than documents. It is about creating a clear, practical roadmap that coordinates your assets, your wishes for care, and your loved one’s eligibility for public benefits. When there is a thoughtful plan in place, family members have guidance, and your loved one can have more stability and support over the long term.

How Our Firm Helps Families Create Special Needs Plans

At Spencer Trial Attorneys, P.C., we draw on our estate planning and probate work to design special needs plans that fit within Texas law and that can be carried out through probate when the time comes. We listen carefully to your goals for your loved one, your other children, and your broader family, then we work with you to structure a plan that reflects those priorities.

Our attorneys help organize key pieces such as wills, trusts, and beneficiary designations so that assets do not flow directly to a disabled beneficiary in a way that could harm benefits. Instead, we look for ways to provide supplemental support while helping preserve eligibility for SSI, Medicaid, and similar programs. When families have life insurance, retirement accounts, or savings, we help them coordinate those resources with the overall plan.

Some families in the area come to us after a serious accident or injury that resulted in a settlement. Because our firm also handles personal injury and probate matters, we understand the challenges that arise when a settlement or judgment could affect means-tested benefits. We work to integrate those funds into a special needs plan when appropriate, so that the financial recovery can support your loved one without unnecessary disruption.

Throughout the process, we emphasize personal attention and clear explanations instead of legal jargon. As a family-owned firm in El Paso, we appreciate that our clients often return to us as life changes, and we value those long-term relationships.

Key Tools in Special Needs Planning

Understanding Special Needs Trusts

Many caregivers have heard the term special needs trust, but are not sure what it really does. In simple terms, a special needs trust is a legal arrangement that can hold money or property for the benefit of a disabled person. The trustee, whom you choose, manages those assets and uses them to pay for approved expenses that improve your loved one’s quality of life.

When money is left to a person with a disability outright, it is usually counted as their resource for programs such as SSI and Medicaid. That can trigger loss or reduction of important benefits. When that same money is directed into a properly drafted special needs trust, those public programs typically view it differently, because the beneficiary does not control the assets. The trust can then be used to pay for items and services that public benefits do not fully cover, such as certain therapies, personal care items, or recreation, depending on program rules.

Other Planning Tools and Options

There are different kinds of special needs trusts. Some are funded with family assets, such as inheritances or life insurance, and are often called third-party trusts. Others are funded with the disabled person’s own money, perhaps from a personal injury settlement or an existing account. Which structure fits best depends on where the funds come from, your family’s goals, and the rules that apply to the benefits involved.

Special needs planning can also include tools such as ABLE accounts in states where they are available, careful beneficiary designations on retirement accounts, and coordinated use of powers of attorney. When a child with a disability approaches age 18, families also need to consider whether guardianship or less restrictive alternatives are appropriate. Our attorneys walk through these choices with you, so you can see how they work together instead of trying to evaluate them in isolation.

What to Expect When You Work With Our Team

Your First Consultation

Reaching out to a lawyer can feel intimidating, especially when you are balancing caregiving and work. We work to make the process as straightforward as possible. Your first consultation is a chance for us to learn about your loved one, your family structure, the benefits that are in place, and any existing estate documents. It is also your opportunity to ask questions and share concerns.

After that initial meeting, we typically outline the planning options that make sense for your situation and explain the pros and cons in plain language. We then work with you to decide which path to follow, gather the information needed, and draft the documents. Once drafts are ready, we review them together so you understand how each piece functions.

Moving From Planning to a Signed Plan

When everything is in final form, we arrange for proper signing and help you think through any practical follow-up steps, such as updating beneficiary forms. Our team knows that caregivers in El Paso and the surrounding West Texas communities often have limited time, so we offer both in-person and virtual consultations when schedules or distance make travel difficult. We discuss fees before you commit to moving forward, and we strive to make planning as affordable and predictable as we can.

Throughout the process, we keep communication clear and responsive, so you know where things stand and what comes next. Our goal is to guide you step by step, so the process feels manageable rather than overwhelming.

Why Families Choose Spencer Trial Attorneys for Special Needs Planning

A Family-Owned Firm Rooted in El Paso

Families choose Spencer Trial Attorneys, P.C. for special needs planning because they want more than a form-driven solution. As a family-owned firm based here, we understand that planning for a loved one with a disability is both a legal and a personal decision. We take time to hear from you about cultural values, religious beliefs, and family dynamics that may affect how your plan should look.

Our focus on estate planning and probate allows us to think through how your plan will function when it is needed, including how it may move through the probate process in Texas courts. Because our attorneys also work in related areas like personal injury and criminal defense, we are familiar with the kinds of legal events that can affect disabled individuals and their families over time. That broader view helps us design plans that are more resilient across life’s changes.

Client Centered Service & Accessible Guidance

Affordability and access matter to us. We aim to provide high-quality representation at a cost that is realistic for working families, and we are candid about fees so there are no surprises. Our availability for consultations and 24-hour contact channels means you can reach out when questions or urgent issues arise, rather than waiting for a narrow office window.

Most importantly, our team approaches special needs planning with integrity and compassion. We recognize the trust you place in us when you share sensitive details about your loved one. We work to honor that trust by providing careful analysis, clear explanations, and plans that are tailored to your family’s needs.

Reach out to a special needs attorney in El Paso for experienced legal support. Complete our online form to start the process promptly.

Frequently Asked Questions

Do I Really Need a Special Needs Plan If I Already Have a Will?

A standard will rarely provide the protections that a disabled loved one needs. Most wills simply direct assets to named beneficiaries, which can create problems if those beneficiaries receive SSI, Medicaid, or similar benefits. When money passes directly to them, it is usually treated as their own resource, which can cause those programs to stop or change.

Special needs planning focuses on how gifts are structured, not just who receives them. That may mean keeping your will in place but adding a special needs trust and updating beneficiary designations so that assets flow into the trust instead of to your loved one outright. During a consultation, we review your existing documents, explain where they work well, and identify any gaps that could affect your disabled family member. The goal is to build on what you already have when possible, not to discard it without reason.

Will My Child Lose SSI or Medicaid If I Leave Them Money?

If a child or adult with a disability receives an inheritance or large gift in their own name, programs such as SSI and Medicaid often treat that money as a resource and may reduce or suspend benefits until the funds are spent down. The specific effect depends on the program rules, the amount involved, and how the assets are held. This is why many families hesitate to leave anything at all, even when they want to help.

With careful planning, you can usually provide support without causing that kind of disruption. A properly drafted special needs trust, along with coordinated beneficiary designations, can hold assets for your loved one and allow a trustee to pay for qualified expenses. Those assets are typically not counted as the beneficiary’s own resources for many means-tested programs. Our attorneys explain how these structures interact with benefits that are relevant in Texas, so you understand the tradeoffs and can make informed decisions.

What Is a Special Needs Trust and How Does It Work?

A special needs trust is a legal arrangement that holds assets for the benefit of a person with a disability, with a trustee managing those assets according to the trust terms. The beneficiary does not own the assets directly, which is why many public benefit programs treat the trust differently from money held in the beneficiary’s name. The trustee can use the funds for certain expenses that are not fully covered by government benefits, such as various therapies, personal items, or other quality of life improvements, subject to applicable rules.

Some trusts are funded with family assets, such as inheritances, and are often used by parents or grandparents planning. Others are funded with the beneficiary’s own assets, for example, from a settlement or existing savings. During planning, we talk through which type of trust fits your situation, who might serve as trustee, and what you would like the trust to pay for, so that the document reflects your intentions. We also discuss how the trust will be supported in the future, such as through life insurance or other resources.

How Long Does Special Needs Planning Usually Take?

The time needed for special needs planning depends on the complexity of your situation, how many documents need to be drafted or updated, and how quickly information can be gathered. Some families with relatively straightforward assets and clear goals can move from initial consultation to signed documents within a few weeks. Others who are coordinating multiple family members, business interests, or settlements may need more time to work through choices.

During your first meeting, we typically outline a realistic timeline based on what you share. We factor in your schedule, the need to obtain records or statements, and the number of planning decisions to be made. Our firm strives to keep the process moving without rushing you, and we offer both in-person and virtual meetings to help fit planning into your caregiving responsibilities.

Can You Help If My Loved One Was Injured & Received a Settlement?

Our firm works with many families whose loved one has received or may receive a settlement or judgment from a personal injury case. Large payments can significantly affect eligibility for SSI, Medicaid, and similar programs if they are paid directly to the injured person. That is why it is important to consider special needs planning either before the funds are distributed or as soon as possible afterward.

Because Spencer Trial Attorneys, P.C. handles both personal injury and estate-related matters, we understand the interaction between settlements and special needs planning. We work with you to review the type of benefits involved, the size and timing of the payment, and the planning options that can help preserve support. This may include creating a special needs trust or other arrangements suited to Texas law. Our goal is to help you protect both the recovery and your loved one’s long-term stability.

How Do You Approach Sensitive Family Issues or Disagreements?

Families often come to us with complex dynamics, such as blended families, siblings with different abilities, or disagreements about future care. We expect these situations, and we approach them with patience and respect. Our role is to help you think through options that balance your loved one’s needs with the realities of your family relationships.

During planning, we encourage open discussion about concerns, such as who might serve as trustee, whether one child is being asked to carry more responsibility, or how to avoid misunderstandings after you are gone. We then work to translate those discussions into clear, written instructions that reduce the chance of conflict later. While no plan can remove every possible disagreement, thoughtful drafting can make expectations much easier for your family to follow.

What Should I Bring to My First Meeting With Your Team?

For an initial consultation, you do not need to have everything perfectly organized before you contact us. It is helpful, however, to bring any existing wills, trusts, or powers of attorney, along with basic information about your assets, life insurance, and retirement accounts. If your loved one receives SSI, Medicaid, or other benefits, any award letters or statements can also be useful.

You may also want to jot down questions or concerns that you and other family members have, so that we can address them directly in the meeting. During our conversation, we will tell you if there are additional documents or details that would help in the next step. We want to guide you through the process step by step, not to expect you to arrive with everything decided.

Talk With Our Team About Your Loved One’s Future

Putting off special needs planning is understandable when life is busy, but having a clear plan can bring real relief. When you work with a special needs lawyer El Paso families trust, you can take concrete steps to protect public benefits, provide additional support, and reduce uncertainty for the people you care about most.

Our team at Spencer Trial Attorneys, P.C. helps families here in the area design plans that reflect their values and circumstances. We offer flexible consultations, including virtual options, and we take time to answer your questions so you can move forward with confidence.

To discuss special needs planning for your loved one, call (915) 233-6955 or contact our firm online today.