Texas Wesleyan Law Review

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Is there anything that could be done to help this family? Under the current Texas Trust Code, a third-party special needs trust could be created to resolve this dilemma. The trust would allow a grandparent or other third party to create a trust for Jadyn to ensure that she would be afforded the same quality of life she would have if she did not have special needs and still be able to retain the much needed governmental assistance. Another benefit to this trust is that after Jadyn's death, instead of the remaining amount in the trust repaying the government, the balance could be dispersed as Jadyn would like. Under the Uniform Trust Code, however, this option may not be possible. The purpose of this Comment is to argue that Texas should not adopt the Uniform Trust Code because doing so could negatively impact the ability for disabled individuals and their families to receive assistance through third-party special needs trusts.



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