Orlando Special Needs Planning Lawyer

Choose Our Trusted Advisors in Florida for Special Needs Planning

The estate planning process can include making provisions for family members with special needs. We at Jackson Law can serve you in matters related to carefully arranging your affairs so that those you love are cared for properly upon your death. At our firm, our team of probate and estate planning attorneys have 30 years of combined legal experience in estate planning.

We are dedicated to helping our clients with a range of legal matters, including estate planning for family members who have special needs due to mental or physical incapacitation. Our Orlando estate planning lawyers can help you establish the correct form of special needs trust so that your loved one is cared for with adequate finances and personal, compassionate care, and does not lose eligibility for Medicaid or other government benefits.

Every estate plan is unique depending on your situation. Talk to an Orlando special needs planning attorney today at (407) 477-5046 or contact us online. Our team at Jackson Law PA is here for you.

What Is a Special Needs Trust?

A special needs trust allows you to transfer assets into a trust to gain or retain eligibility for government benefits, including Medicaid, Veterans or Social Security Disability benefits. How these trusts are created is of great importance so that there are no unresolved issues that could create problems in caring for your loved one upon your death. 

Those who may need this care in the future include: 

• A disabled child who is currently receiving benefits and is an heir to your estate
• A disabled adult who is currently being cared for in a skilled nursing facility who is a beneficiary of your estate
• A child who is being cared for in a skilled nursing facility

When the disability is the result of negligence, and a settlement or verdict has awarded funds to the injured, a special needs trust can be established so that those funds are protected and the individual does not lose access to government benefits. Without the correct planning, an inheritance could make the family member ineligible for government benefits. 

The trust that is created must address all of these matters correctly so no problems arise in the future regarding continued access to these benefits. The drafting of a special needs trust requires skill and a full understanding of the impact of state and federal law when benefits are being received or are being sought for a family member with special needs.

Types of Special Needs Trusts in Florida

When you begin planning, one of the most important decisions is choosing the right type of trust for your loved one and your overall estate plan. Florida law recognizes several common structures, and each handles ownership of assets and interaction with public benefits differently.

The two categories of special needs trusts include:

• First-party special needs trusts: These types of trusts are generally funded with the beneficiary’s own assets, such as a personal injury settlement or an inheritance that has already been distributed. 
• Third-party special needs trusts: These types of trusts are usually funded with assets belonging to parents, grandparents, or other relatives as part of their estate planning. 

Our Orlando special needs planning lawyer can walk you through the advantages and limitations of each approach so you can see which option best matches your goals.

Benefits of a Special Needs Trust

Planning for the long-term care of a loved one with special needs involves more than just setting money aside; it requires a thoughtful approach to make sure their needs are met without disrupting access to important benefits. A special needs trust is one way families can create that balance while maintaining control over how assets are used.

Advantages of a special needs trust include:

• Financial security: A special needs trust allows you to set aside funds for a disabled child or loved one without jeopardizing essential benefits.
• Reduced family burden: It can help ease the financial and caregiving responsibilities placed on other family members.
• Asset protection: The trust can guard personal injury settlements or inheritances so they are used appropriately over time.
• Comfortable quality of life: It provides resources to support a more comfortable and fulfilling lifestyle for the individual.

Working with our special needs lawyer in Orlando can help make sure the trust is properly structured to meet your family’s goals while protecting your loved one’s future.

Get Help from Our Orlando Special Needs Trust Attorneys

All of the legal issues surrounding ensuring that your loved one is cared for should you pass away can be managed by our Orlando estate planning attorney. We will work carefully in collaboration with you to make arrangements that protect your loved one in the future. Contact us to discuss your situation and our Orlando special needs planning attorney can advise you about how to proceed to make arrangements.

Ensure all your needs are covered. contact us online or call (407) 477-5046 for a consultation. Our special needs attorney in Orlando, FL, can support you.