Special Needs Planning Attorney in Jacksonville

Thoughtful planning for loved ones who need lifelong support

Every family’s story is different, and so is every special needs plan. At Berg Bryant Elder Law Group, we help Jacksonville parents and caregivers design trusts and strategies that support their loved ones’ long-term well-being. From managing government benefit eligibility to appointing trustworthy decision-makers, our approach combines compassion with practical legal guidance. Your child or adult family member should be protected, cared for, and never left without support.

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Your child with special needs should continue to thrive long after you’re gone—receiving the right care, maintaining their benefits, and enjoying the quality of life you’ve worked so hard to provide. Now imagine the opposite: benefits lost, care disrupted, and your child’s future left to chance.

At Berg Bryant Elder Law Group, we’ve seen both scenarios play out for families across Northeast Florida. The difference? A properly structured special needs plan that protects your loved one without disrupting essential government benefits like Medicaid and SSI.

Don’t wait until it’s too late. Create a safety net that lasts a lifetime.

What Is Special Needs Planning?

Special needs planning creates a framework for the ongoing care and support of a person with physical, cognitive, or developmental disabilities. This specialized area of law focuses on preserving government benefits while providing supplemental financial support and care directions.

A comprehensive special needs plan typically addresses:

• Financial security without jeopardizing means-tested benefits
• Housing and personal care arrangements
• Educational and vocational opportunities
• Healthcare management
• Guardianship or supported decision-making
• Transition planning for different life stages
• Instructions for caregivers about personal preferences and needs

The cornerstone of most special needs plans is a properly structured
special needs trust, which allows assets to supplement—not replace—government benefits.

Types of Special Needs Trusts

Different situations call for different trust structures. Our Florida Board Certified Elder Law Attorneys help you select and design the right trust for your family’s specific needs:

Third-Party Special Needs Trusts

These trusts are established and funded by someone other than the person with disabilities—typically parents, grandparents, or other family members. Key benefits include:

• No Medicaid payback requirement upon the beneficiary’s death
• Flexibility to name remainder beneficiaries
• Can be funded during your lifetime or through your will or revocable trust
• Can receive gifts from multiple family members

Third-party trusts are ideal for parents planning for a child with special needs or anyone wishing to leave assets to a loved one with disabilities.

First-Party Special Needs Trusts (Self-Settled)

These trusts hold assets that belong to the person with disabilities, such as an inheritance received without proper planning, personal injury settlements, or accumulated savings. Important features include:

• Must be established before the beneficiary turns 65
• Requires a Medicaid payback provision upon the beneficiary’s death
• Can be established by a parent, grandparent, guardian, court, or the beneficiary themselves
• Preserves eligibility for benefits while allowing use of the beneficiary’s own assets

Pooled Special Needs Trusts

Managed by nonprofit organizations, these trusts pool resources from many beneficiaries for investment purposes while maintaining separate accounts for each person. They offer:

• Professional management with experience in special needs administration
• Lower costs than individually managed trusts
• Good option for smaller asset amounts
• Can be established as either a first-party or a third-party trust

A properly designed special needs plan isn’t just a legal document—it’s the difference between security and uncertainty for the person who matters most to you.

When to Start Special Needs Planning

The best time to create a special needs plan is now, regardless of your loved one’s age or your own. Here’s why:

For Parents of Minor Children

Early planning allows you to:

• Establish clear guardianship provisions
• Create a framework for transition to adulthood
• Begin funding a third-party special needs trust
• Coordinate with other family members who wish to help

For Parents of Adult Children

Comprehensive planning helps you:

• Ensure continuity of care when you’re no longer able to provide it
• Protect the government benefits your child may already receive
• Create detailed care instructions based on your years of experience
• Address housing and support needs

For Siblings and Extended Family

Thoughtful planning enables you to:

• Support your loved one without disrupting benefits
• Coordinate with other family caregivers
• Make meaningful financial contributions through a third-party trust

Without the right legal documents, a single inheritance, lawsuit settlement, or gift could immediately disqualify your loved one from the benefits they depend on.

Government Benefits and Special Needs Planning

Many individuals with special needs rely on government programs for healthcare, income support, and community-based services. Two of the most important means-tested programs are:

Supplemental Security Income (SSI)

Provides monthly income for basic needs like food and shelter. For 2025, the
federal SSI benefit rate is $967/month for an individual (and $1,450/month for an eligible couple). To qualify, beneficiaries must have:

• Limited income
• Less than $2,000 in countable assets ($3,000 for a couple)
• A qualifying disability

Medicaid

Provides essential healthcare coverage, including:

• Doctor visits and hospital care
• Prescription medications
• Home and community-based services
• Long-term care services

Medicaid eligibility is typically linked to SSI eligibility and has similar resource limits. Without proper planning, gifts, inheritances, or other financial resources can disrupt these crucial benefits.

The Special Needs Planning Process at Berg Bryant Elder Law Group

Our approach ensures your plan addresses all aspects of your loved one’s well-being:

1. Initial Consultation: We discuss your family situation, your loved one’s needs, and your goals
2. Benefits Analysis: We review current and potential government benefits
3. Plan Development: We create a comprehensive plan that may include trusts, guardianship provisions, and care instructions
4. Document Preparation: Our team drafts all necessary legal documents
5. Funding Guidance: We help you properly fund any trusts and coordinate with financial advisors
6. Ongoing Support: As laws and family situations change, we help you update your plan

We don’t just draft documents—we build comprehensive plans that address every aspect of your loved one’s future care and financial security.

Jacksonville Office (Main)

• Address:7545 Centurion Parkway, Suite 108 Jacksonville, FL 32256
• Hours: M-F 9:00 A.M.-5 P.M.
• Phone:904-398-6100

Orange Park Office

• Address:1929 Park Avenue Orange Park, FL 32073
• Hours:By appointment only
• Phone:904-398-6100

St. Augustine Office

• Address:145 Land Grant Ste 6
  St. Augustine, FL 32095
• Hours:By appointment only
• Phone:904-398-6100

Secure Your Loved One’s Future Today

At Berg Bryant Elder Law Group, our Florida Board Certified Elder Law Attorneys have helped hundreds of Northeast Florida families create effective special needs plans that protect government benefits while providing for enhanced quality of life.

Don’t leave your loved one’s future to chance. Contact us today to schedule a consultation and take the first step toward creating a bulletproof special needs plan.