Special Needs Trusts

When a child or loved one with disabilities stands to inherit through a will or standard estate plan, a direct inheritance can push their countable assets above the SSI resource limit, triggering the loss of both SSI payments and Medicaid coverage. A Florida Special Needs Trust, also called a supplemental needs trust under Florida law, holds assets outside the beneficiary’s name so that government benefit eligibility may be preserved while trust funds supplement their care. I’ve helped families throughout Pembroke Pines and South Florida navigate this planning challenge for over 40 years, and I offer a free initial consultation to assess your situation before any commitment is made.

How a Florida Special Needs Trust Works

A Florida Special Needs Trust is an irrevocable trust, meaning assets held inside it may not be counted toward the beneficiary’s resource limits for Medicaid, Supplemental Security Income (SSI), vocational rehabilitation, or subsidized housing. The trust pays for supplemental care, life-enhancing services, and equipment beyond what government programs cover. To maintain that protection, the trust must be drafted so the beneficiary has no legal authority to revoke it or demand distributions, and it must comply with Florida’s Trust Code under Chapter 736 and federal SSA Program Operations Manual System rules. A single drafting error can jeopardize the trust’s intended protective effect or the beneficiary’s benefits.

Third-Party vs. First-Party Special Needs Trusts

There are two distinct types families should understand. A third-party special needs trust is funded with a parent’s, grandparent’s, or other family member’s assets; no Medicaid payback is required at the beneficiary’s death, and remaining assets can pass to named family members. A first-party special needs trust is funded with the disabled person’s own assets, such as a personal injury settlement or direct inheritance; it requires a Medicaid payback provision at death and can only be established for someone under age 65.

My Process for Drafting Your Special Needs Trust

I’ve drafted many Special Needs Trusts and understand both the sensitive nature of this planning and the technical precision it demands. Before drafting, I personally assess your loved one’s entitlement to current and future public benefits, determine the right trust structure, and then handle drafting and asset transfer directly. As a special needs attorney serving Pembroke Pines and the surrounding South Florida area, I manage every stage of the process myself. Clients communicate with me throughout, not with an associate or paralegal.

To schedule a free consultation and discuss your family’s situation, call my office today at (954) 228-6126 or contact me online. I can help you understand your options before any commitment is made.