Special Needs Planning Attorney in Dallas

Personalized Legal Guidance for Your Family’s Future

At DebnamRust, P.C., our Dallas-based special needs planning attorney, Derek Mergele-Rust, brings both legal precision and personal understanding to families preparing for the future of a loved one with disabilities. With years of experience in Texas estate planning, including Medicaid and long-term care matters, Derek tailors legal strategies to protect your family member’s access to essential benefits while preserving autonomy and quality of life.

Contact our team today to schedule a confidential consultation and learn how special needs planning can offer peace of mind and financial security.

What Is Special Needs Planning?

Special needs planning is a legal process used to provide long-term financial and personal care for individuals with disabilities. In Texas, this often involves creating a Special Needs Trust (SNT), selecting a guardian or trustee, and drafting medical directives. The goal is to enhance your loved one’s life without affecting eligibility for essential government benefits such as Supplemental Security Income (SSI) and Medicaid.

Because these benefits are “means-tested,” even a modest inheritance or improperly structured gift could result in disqualification. A well-structured special needs plan ensures that financial support can supplement—rather than replace—government aid.

Why Families Choose DebnamRust, P.C. for Special Needs Planning

Our approach to special needs planning is rooted in empathy, experience, and attention to detail. We know the emotional weight that comes with caring for a loved one with disabilities — and we’re here to help ease that burden with thoughtful, legally sound solutions.

Attorney Derek Mergele-Rust focuses on creating individualized strategies that align with your family’s unique dynamics, goals, and values. His experience in Texas guardianship law, trust planning, and Medicaid-related matters means every element of your plan will be designed for compliance and longevity.

Building a Strong Legal Foundation: Core Components

Special Needs Trusts

A Special Needs Trust, also known as a Supplemental Needs Trust, is a legal instrument authorized under both federal law (42 U.S. Code § 1396p(d)(4)(A) and (C)) and the Texas Estates Code. This type of trust allows funds to be used for supplemental care without disqualifying the beneficiary from public programs.

We help families establish:

• First-party SNTs (funded with the beneficiary’s own assets)
• Third-party SNTs (funded by parents, grandparents, or others)
• Pooled Trusts (managed by nonprofit organizations)

Each type has specific uses and we will walk you through which one best fits your situation.

Guardianship and Supported Decision-Making

In Texas, guardianship can be full, limited, or substituted with a Supported Decision-Making Agreement (Texas Estates Code Chapter 1357). We’ll explain when it’s appropriate to seek guardianship through the Dallas County Probate Court — and when less restrictive alternatives can provide more dignity and independence.

We assist with:

• Guardianship of the person and/or estate
• Court petitions and required reports
• Compliance with Texas statutory requirements

Medical and Legal Directives

We draft legally binding Advance Directives, including:

• Medical Power of Attorney
• Directive to Physicians (Living Will)
• HIPAA Authorizations

These documents give trusted individuals the authority to make healthcare decisions while clearly stating your loved one’s wishes.

Why Local Experience Matters in Dallas

The legal environment for special needs planning in Dallas is shaped by:

• The Dallas County Probate Courts
• Local procedures for guardianship, trust approval, and court-appointed representation
• Community resources like My Possibilities, The Arc of Dallas, and North Texas disability support nonprofits

Attorney Derek Mergele-Rust's experience working within these systems allows him to anticipate potential court requirements and streamline the legal process. His familiarity with local rules means fewer delays and stronger outcomes for your family.

Frequently Asked Questions

What Is a Special Needs Trust, and Why Is It Important?

A Special Needs Trust (SNT) is a tool to protect a person’s eligibility for government benefits while still allowing access to financial support. Funds in the trust can be used for:

• Therapies
• Transportation
• Entertainment
• Assistive technology
• Education and training

This type of trust must meet specific guidelines under Texas Medicaid policy and Social Security Administration (SSA) rules. Our firm ensures compliance and customization to suit your loved one’s long-term needs.

How Does Guardianship Work in Texas?

Guardianship is court-supervised and legally binding. Texas law allows two forms:

1. Guardianship of the person: For decisions on healthcare, residence, and daily care
2. Guardianship of the estate: For managing money and property

The court prioritizes the least restrictive alternative, and our firm will help you evaluate whether guardianship or supported decision-making is more appropriate.

Can Special Needs Trusts Affect SSI or Medicaid?

If structured correctly, no. A properly drafted SNT keeps assets from being “countable” under means-testing criteria. This means your loved one can continue to receive Medicaid, SSI, or Section 8 housing assistance without interruption.

We work to:

• Draft compliant trust language
• Select an appropriate trustee
• Provide guidance on allowable distributions

What If I Already Have a Will?

Even with an existing estate plan, it’s crucial to ensure any inheritance intended for a loved one with disabilities is directed into a special needs trust. A simple cash bequest could inadvertently jeopardize their eligibility for public programs.

We review existing wills and trusts for:

• Problematic language
• Direct distributions
• Opportunities for revision or amendment

Take the First Step Toward Long-Term Security

Special needs planning is not just about legal compliance — it’s about building a framework of care, dignity, and stability for someone you love. Attorney Derek Mergele-Rust takes the time to understand your family’s situation and delivers solutions with professionalism, warmth, and foresight.

Let DebnamRust, P.C. be your trusted legal partner in this important journey. Call us at (214) 758-8681 to schedule your consultation.