Can someone have both a special needs trust and an ABLE account?

Yes, many families use an ABLE account for smaller day-to-day funds and a special needs trust for larger assets like an inheritance or settlement.

Does an ABLE account require a lawyer to set up?

No, ABLE accounts are typically opened directly through a state's ABLE program without needing an attorney, unlike a special needs trust.

Will either option affect SSI or Medicaid eligibility?

Both are designed to preserve eligibility for needs-based benefits when structured and used correctly, which is why families often consult an attorney before moving a large sum into either one.

Special needs trust vs. ABLE account: which fits your situation

Families researching how to protect benefits like SSI and Medicaid for a disabled family member often find both options mentioned together, but they solve different problems and often work best combined rather than as either/or choices.

A special needs trust can hold larger amounts of money (from an inheritance, a settlement, or family gifts) and pay for a wide range of supplemental needs without counting against benefit eligibility limits. An ABLE account is a simpler, lower-cost savings account with its own contribution caps that a person with a qualifying disability (or their family) can fund directly and use more flexibly day to day, including for basic living expenses in some cases.

A trust generally requires drafting by an attorney and ongoing trustee administration; an ABLE account is opened directly through a state program with far less legal setup.
Trusts suit larger sums, like a lawsuit settlement or an inheritance from a grandparent; ABLE accounts suit smaller, ongoing contributions.
Many Charlotte families end up using both: a trust for larger assets and an ABLE account for everyday flexible spending.

What it costs

A special needs trust involves attorney drafting fees tied to complexity (first-party vs. third-party trust, funding sources involved) plus ongoing trustee or administration costs. An ABLE account has minimal setup cost since it's opened through a state program rather than drafted by an attorney, though annual account fees may apply.

Top 3 by our score

Ranked from our published scoring of public Google reviews for special needs planning.

1. Simpson Law Firm
5.0★ · 257 reviews

94
2. Starrett Law Firm
5.0★ · 276 reviews

94
3. Perrin Legal
5.0★ · 103 reviews

91

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FAQ

Can someone have both a special needs trust and an ABLE account?: Yes, many families use an ABLE account for smaller day-to-day funds and a special needs trust for larger assets like an inheritance or settlement.
Does an ABLE account require a lawyer to set up?: No, ABLE accounts are typically opened directly through a state's ABLE program without needing an attorney, unlike a special needs trust.
Will either option affect SSI or Medicaid eligibility?: Both are designed to preserve eligibility for needs-based benefits when structured and used correctly, which is why families often consult an attorney before moving a large sum into either one.

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