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Your loved one deserves security that lasts a lifetime

At Berg Bryant Elder Law Group, we recognize that special needs planning isn’t just about avoiding benefit loss. Saint Augustine families want their loved ones to thrive, not just survive. Our attorneys design comprehensive plans addressing financial security, decision-making authority, and quality-of-life enhancements.

Standing beside families with special needs, every step of the way.

For St. Augustine parents and caregivers, ensuring the long-term well-being of a loved one with disabilities involves careful legal planning. Without proper documents in place, an inheritance or gift could disrupt essential benefits. At Berg Bryant Elder Law Group, our St. Augustine special needs planning attorneys help families create legal protections that maintain government benefits while enhancing quality of life.

A well-crafted plan protects both benefits and dignity.

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What is Special Needs Planning?

Special needs planning involves creating legal structures to support individuals with disabilities throughout their lives. This planning addresses the unique challenges faced by people who rely on needs-based government benefits like Medicaid and Supplemental Security Income (SSI).

For St. Augustine families, special needs planning serves two primary purposes:

  • Preserving eligibility for government benefits
  • Providing supplemental resources that enhance the quality of life

Without proper planning, well-intentioned gifts or inheritances can disqualify individuals from the very programs they depend on for healthcare and basic support.

Why Special Needs Planning Matters in St. Augustine

For St. Johns County residents with disabilities, government benefits often provide:

  • Healthcare coverage through Medicaid
  • Monthly income through SSI
  • Housing assistance
  • Vocational training and support
  • Day programs and social services

These programs typically have strict financial eligibility limits—often just $2,000 in countable assets for an individual. Any amount above this threshold can result in benefit reduction or complete loss of eligibility.

Special needs planning creates legal solutions that allow families to provide additional support without jeopardizing these benefits.

Key Tools for Special Needs Planning in St. Augustine

At Berg Bryant Elder Law Group, our St. Augustine special needs planning attorneys help families build comprehensive plans with the right legal tools. Below are the most common options we guide families through.

Special Needs Trusts (SNTs)

Trusts hold assets for a person with disabilities without affecting benefit eligibility.

  • Third-Party SNTs: Funded by parents or others; flexible, no Medicaid payback, remainder passes to chosen beneficiaries.
  • First-Party SNTs (d4A): Funded with the individual’s own assets; must be irrevocable, created before 65, and requires Medicaid payback.
  • Pooled SNTs (d4C): Managed by nonprofits; good for smaller amounts, professionally managed, some payback provisions.

ABLE Accounts

Tax-advantaged savings for those whose disability began before age 26.

  • Up to $100,000 exempt from SSI
  • Tax-free growth for qualified expenses
  • Easier than trusts for some needs
  • Available in Florida through ABLE United

Guardianship and Alternatives

When a child turns 18, families must planfor decision-making authority.

  • Guardianship: Court process, can be limited or plenary, with ongoing court oversight.
  • Guardian Advocacy: Simplified option for developmental disabilities.
  • Alternatives: Powers of attorney, healthcare surrogates, representative payees, banking programs.

Letter of Intent

A non-binding but invaluable guide for future caregivers, covering:

  • Daily routines
  • Medical details
  • Behavioral strategies
  • Education and activities
  • Religious preferences
  • Long-term goals

With the right tools, families can protect benefits, preserve dignity, and create a secure future for their loved ones.

Areas Served

Duval County

  • Jacksonville
  • Atlantic Beach
  • Jacksonville Beach
  • Neptune Beach
  • Baldwin

Clay County

  • Green Cove Springs
  • Orange Park
  • Middleburg
  • Lakeside
  • Fleming Island
  • Oakleaf Plantation
  • Bellair-Meadowbrook Terrace
  • Keystone Heights
  • Penney Farms

St. Johns County

  • St. Augustine
  • Hastings
  • Vilano Beach
  • St. Augustine Beach
  • Ponte Vedra / Ponte Vedra Beach
  • Fruit Cove
  • Palm Valley
  • Nocatee
  • World Golf Village
  • St. Augustine Shores
  • St. Augustine South
  • Sawgrass

Local Resources for Special Needs Families in St. Augustine

St. Augustine offers several resources for families planning for loved ones with disabilities:

Support Services

Housing Options

Vocational Services

Every family’s journey is unique, and special needs planning requires both legal knowledge and compassionate guidance.

How We Help St. Augustine Families

Our special needs planning team provides valuable assistance to families throughout St. Johns County:

Benefit Protection

We create legal structures that allow you to provide financial support without endangering government benefits like Medicaid and SSI.

Lifetime Care Planning

We help develop comprehensive plans that address your loved one’s needs throughout their lifetime, including after parents or other caregivers are no longer able to provide support.

Family Education

We explain benefit rules and legal options in clear terms, helping your entire family make informed decisions about future care arrangements.

Professional Coordination

We work with financial advisors, care managers, and other professionals to ensure all aspects of your plan work together effectively.

Jacksonville Office (Main)
Orange Park Office
St. Augustine Office

Your Partner in Planning for the Future

At Berg Bryant Elder Law Group, we believe every person with special needs deserves both financial security and the highest possible quality of life.

Our St. Augustine special needs planning attorneys work closely with families to create plans that balance these goals effectively. Contact our St. Augustine special needs planning attorneys today to schedule a consultation and take the first step toward creating lasting security for your loved one with special needs.

Frequently Asked Questions

When should we start special needs planning?

The best time to begin is now. Early planning provides more options and security. Planning becomes especially important as children approach age 18, when benefit eligibility is determined based on the individual’s own resources rather than family assets. However, it’s never too late to improve the legal protections for your loved one.

Will my child lose government benefits if they receive an inheritance?

Yes, without proper planning. Direct inheritances count as resources that can disqualify recipients from SSI and Medicaid. Beneficiaries with more than $2,000 in countable resources lose eligibility. A properly structured special needs trust allows you to provide financial support without affecting benefits.

What's the difference between a guardian and a trustee?

A guardian makes personal and/or financial decisions for someone deemed incapable by a court. They’re appointed by and accountable to the St. Johns County Probate Court. A trustee manages assets in a trust according to the trust terms. Both roles are important, but serve different functions in a comprehensive special needs plan.

 

Can grandparents contribute to a special needs trust?

Yes, grandparents can contribute to a third-party special needs trust either during their lifetime or through their estate plan. Multiple family members can contribute to a single third-party special needs trust for the benefit of a loved one with disabilities.

How do we choose the right trustee for a special needs trust?

Selecting a trustee involves considering their knowledge of benefit rules, financial management skills, personal relationship with the beneficiary, and likely lifespan. Many families choose a combination of family members and professional trustees to balance personal attention with technical expertise.

Can someone with disabilities have an ABLE account and a special needs trust?

Yes, these tools work well together. ABLE accounts offer easier access for smaller expenses but have contribution limits. Special needs trusts can hold unlimited funds and cover a wider range of expenses, but involve more administration.

Serving clients throughout Duval, St. Johns, Clay, and Nassau Counties including Jacksonville, Jacksonville Beach, Neptune Beach, Atlantic Beach, Ponte Vedra Beach, Orange Park, Fleming Island, St. Augustine, and surrounding areas.

Jacksonville Office (Main)
  • 7545 Centurion Parkway, Suite 108
    Jacksonville, FL 32256
    Monday-Friday: 8:30 AM - 5:00 PM
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Orange Park Office
  • 1929 Park Avenue
    Orange Park, FL 32073
    Monday-Friday: 8:30 AM - 5:00 PM
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St. Augustine Office
  • 145 Land Grant Ste 6
    St. Augustine, FL 32092
    Monday-Friday: 8:30 AM - 5:00 PM
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