Legal Research Guides > Special Needs Trusts (last updated: 03/13/2024)
General Information
Master Pooled Trusts: An Investment in You – The Arc of Texas
Peace of Mind: A Guide to Supporting Special Kids with Special Needs
Blog posts from Ex Libris Juris
Texas Laws
Texas Estates Code
Management Trusts [Special Needs Trusts] – Texas Estates Code, Chapter 1301
Annual Accounting – Texas Estates Code § 1301.154
Contents of Order Creating Trust – Texas Estates Code § 1301.056
Creation of Trust for Incapacitated Person Without Guardian – Texas Estates Code § 1301.054
Distribution of Trust Property – Texas Estates Code § 1301.204
Eligibility to Apply for Creation of Trust – Texas Estates Code § 1301.051
Modification or Revocation of Trust – Texas Estate Code § 1301.201
Optional Terms – Texas Estates Code § 1301.102
Required Terms – Texas Estates Code § 1301.101
Termination of Trust – Texas Estates Code § 1301.203
Pooled Trust Subaccounts – Texas Estates Code, Chapter 1302
Court Rules
*Be sure to check the website of the court to which you are assigned. Policies, procedures, and requirements may vary from court to court.
Forms
Guardianship Alternatives (Only available through the public access computers at the Law Library.)
Texas Jurisprudence Pleading and Practice Forms (Also available through Westlaw at the Law Library and through Westlaw Patron Access Remote).
Texas Practice Guide: Probate (Also available through Westlaw at the Law Library and through Westlaw Patron Access Remote).
Print Resources
Elder Law: Advocacy for the Aging, By Jennifer L. VanderVeen, Thomson Reuters. For those wanting to learn more about elder law and the numerous issues facing the aging, this book is a good place to start. Readers can find information about topics such as advance directives, long term care options, and Social Security. Chapter 8 discusses guardianship and conservatorship while Chapter 9 talks about special needs trusts.
The Fundamentals of Special Needs Trusts, By Stuart D. Zimring, Rebecca C. Morgan, and Bradley J. Frigon, LexisNexis. Comprehensive in nature, this book provides an excellent introduction to the laws and issues surrounding special needs trusts (SNTs). Readers will learn about the types of SNTs, how to establish an SNT, how to select a trustee, how to administer an SNT, and how SNTs are funded. This book is only available as an eBook through the Law Library’s LexisNexis Digital Library.
Guardianship Alternatives, Texas Bar Books. This resource from the State Bar of Texas provides an overview of alternatives to guardianship such as Powers of Attorney, authorization agreement for nonparent relative, surrogate decision making, and special needs trusts. (Only available through the public access computers at the Law Library.)
A Lawyer’s Guide to Working with Special Needs Clients, By Richard A. Courtney, American Bar Association. Designed for the special needs planning attorney, this book covers the challenges that family members and caregivers face. Topics include public benefits, special needs education, and financial and legal issues. Chapter 12 specifically focuses on special needs trusts. This book is only available as an eBook through the Law Library’s LexisNexis Digital Library.
Texas Elder Law (Texas Practice, Vol. 51), By Molly Dear Abshire, et al., Thomson Reuters (Texas Section). This book addresses concerns that more commonly affect the elder members of the communities, such as elder abuse, advance directives, Social Security, and Medicare and Medicaid. Chapter 13 discusses special needs trusts. (Also available through Westlaw at the Law Library and through Westlaw Patron Access Remote).
Texas Jur III, Thomson Reuters (Texas Section). This legal encyclopedia summarizes several issues relating to guardianship, including general practice and procedure, appointments and qualifications of guardians, and rights, duties, and liabilities of guardians. Information about management trusts can also be found in Volume 42A. (Also available through Westlaw at the Law Library and through Westlaw Patron Access Remote).
Texas Practice Guide: Probate, By Thomas M. Featherston, Jr., et al., Thomson Reuters (Texas Section). This book provides forms, practical guidance, comprehensive discussions, and strategies for handling issues that arise in probate proceedings. Chapters 17-20 focus on various aspects of guardianships, such as appointment of guardians, guardians ad litem, powers and duties of a guardian, and temporary guardianships. Chapter 20 specifically discusses guardianship management trusts. (Also available through Westlaw at the Law Library and through Westlaw Patron Access Remote).
Continuing Legal Education (CLE) Resources: The State Bar of Texas requires licensed attorneys to take 15 credits of CLE each year. CLE courses typically focus on a particular area of law and might include legal theory, practice tips and guidance, developments in the law, or legislative updates. CLEs are secondary resources that are especially useful in that they provide current information about legal topics and issues.
State Bar of Texas Annual Advanced Family Law Course
State Bar of Texas Annual Advanced Guardianship Law Course
State Bar of Texas Annual Advanced Estate Planning & Probate Course