Family First Firm
Special Needs Planning Protecting Your Loved One’s Future
Caring for someone with special needs requires more than love; it requires thoughtful planning to secure their benefits, stability, and quality of life.
Why It's Essential
Caring for a child or loved one with special needs brings joy and purpose, but also unique challenges. While you may provide for them now, it’s critical to plan for the future in case you become incapacitated or pass away.
Without the right strategy, government benefits can be lost, legal guardianship left unclear, or resources mismanaged. Comprehensive planning ensures peace of mind: knowing your loved one will always be protected.
Special Needs Planning Attorneys
Every family’s situation is different, which is why we design individualized strategies to protect your loved one now and in the years ahead. Our attorneys guide families through every aspect of special needs planning, including:
- Securing or appointing a legal guardian
- Establishing and maintaining a Special Needs Trust
- Applying for and securing government benefits
- Arrange retirement and life insurance beneficiaries
- Make arrangements for future medical needs
What Is a Special Needs Trust
A Special Needs Trust (SNT) is one of the most powerful tools available for families. It allows assets to be set aside for your loved one without jeopardizing eligibility for essential programs like Medicaid or SSI.
- Why it matters: Government benefits have strict income and asset limits. Assets placed in an SNT are not “counted” against those limits.
- How it helps: Trust funds can be used to cover expenses like education, therapy, housing, technology, or personal needs - while benefits continue covering core medical care.
- Peace of mind for families: Parents and guardians can rest assured knowing their loved one will have financial support without losing vital benefits.
Government Benefits
Medicaid and Social Security Disability Insurance (SSDI) are two government-funded programs that offer financial and medical assistance to people with special needs.
Applying for and maintaining these benefits can be complex. Our attorneys help families understand eligibility, file applications, and coordinate benefits with other planning strategies.
Family First Firm
- Individually-Oriented Solutions: We tailor every plan to your family’s needs, integrating Medicaid, guardianship, trusts, and estate planning.
- Support at Every Step: From applications to court filings to trust administration, we walk alongside you, handling the heavy lifting so you don’t have to.
- Recognized & Trusted: Family First Firm was recognized as one of the fastest-growing law firms in the U.S. by Law Firm 500 and one of Inc 5000’s fastest growing companies. We are also Florida’s highest-rated elder law firm.
- Accessible & Compassionate: We make planning simple and approachable. Free consultations are available, and our attorneys can meet in person or virtually.
Special Needs Care
If you have a child or another loved one with special needs, you cannot assume you will be at their side forever. You have the opportunity now to arrange for their care in the near or distant future. There is peace of mind in knowing you have prepared a thorough care plan.
Long-term care for special needs individuals can entail a lot of legal paperwork. This may include estate planning strategies, guardianship, and even Medicaid planning. Our experienced team is prepared to complete many of these steps on your behalf.
Each plan is unique. We work with you to design solutions that fit your loved one’s medical, financial, and personal needs; now and in the future.
Can A Loved One Create This?
Florida law allows competent individuals, including those with special needs, to create an advance directive. However, appointing a guardian is often a more practical way to ensure that medical and financial decisions can be made consistently and in your loved one’s best interest. Our attorneys can guide you through both options, ensuring your family has the right balance of autonomy, support, and protection.
Schedule a Discovery Discussion with Family First Firm today to start preparing.
Family First Firm
Special Needs Planning FAQs
What does special needs planning for my loved one entail?
You can take several steps to plan for loved one with special needs or disability, including:
- Appointing a guardian to make decisions for your family member when they turn 18
- Establishing and funding a special needs trust
- Applying for government benefits for your loved one
- Naming beneficiaries for your retirement accounts and life insurance policy
- Arranging future care for your loved one
Contact a special needs planning lawyer at Family First Firm to learn more about special needs planning.
An adult with special needs can qualify for Medicaid and Supplemental Security Income (SSI) under certain circumstances. Requirements to be eligible for these government programs include the following:
- Assets and income below a certain level
- Diagnosis of specific disabilities or developmental delays
- A disability that affects a person’s ability to work
In Florida, any person who qualifies for SSI is automatically eligible for Medicaid coverage. A special needs planning attorney at Family First Firm can help you better understand how to qualify.
A Special Needs Trust (SNT) manages assets for a person with special needs. These trusts keep assets separate from the individual in order to qualify for SSI and Medicaid’s income and asset limitations, and can pay for things outside of the regular cost of living expenses.
Some people with special needs can perform limited work and earn income; our special needs lawyers can help you determine an appropriate disbursement schedule for a special needs trust, factoring in regular income.
The Achieving a Better Life Experience Act (ABLE) created ABLE accounts, a special type of savings account that can pay for more qualified disability expenses than a Special Needs Trust. ABLE accounts have an annual contribution limit of $16,000.
If your loved one became disabled before age 26, they are eligible for an ABLE account. ABLE account funds can cover cost of living, education, transportation, support services, technology, and other comfort items and services.