Special Needs Planning Attorney in Florida

Lifelong Protection for Your Loved One

Families with a loved one who has special needs face unique concerns when it comes to planning ahead. Our team designs estate plans that provide financial security without disrupting eligibility for vital benefits. From establishing special needs trusts to coordinating long-term care resources, Berg Bryant Law’s Florida attorneys focus on building plans that give your family reassurance today while protecting your loved one’s tomorrow.

Request a Consultation

Planning for a loved one with special needs brings unique challenges that standard estate planning doesn’t address. Without proper planning and a special needs estate planning attorney in Florida, an inheritance could disqualify your child from essential government benefits while still not providing enough for their lifetime needs. 

At Berg Bryant Elder Law Group,  we help families create plans that protect both benefits eligibility and quality of life.

Your child deserves both financial security and the best quality of life possible.

What is Special Needs Planning?

Special needs planning is a specialized area of estate planning focused on providing for a loved one with disabilities after you’re gone. The goal is to create legal and financial arrangements that:

• Maintain eligibility for government benefits like Medicaid and SSI
• Provide supplemental financial support for needs not covered by benefits
• Ensure proper care and living arrangements continue
• Appoint trusted people to make decisions and manage resources
• Create a lifelong system of support and advocacy

This planning is essential for parents and caregivers of children with developmental disabilities, physical disabilities, mental health conditions, or any special needs that affect their ability to live independently or support themselves financially.

When Should You Start Planning?

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

For Parents of Young Children

Starting early gives you maximum planning options and time to build resources. Early planning allows you to:

• Set up and gradually fund trusts over many years
• Purchase life insurance at lower rates while you’re younger and healthier
• Establish relationships with potential guardians and trustees
• Create a framework that can evolve as your child grows

2. For Parents of Adult Children

If your child is approaching adulthood (18+), planning becomes urgent to address:

• The transition from child-based to adult services
• Guardianship or alternatives if decision-making support is needed
• SSI and Medicaid eligibility as an adult
• Housing and vocational opportunities

3. For Aging Parents

If you’re in your 60s or beyond with a dependent adult child, immediate planning is critical to:

• Ensure care continues seamlessly when you’re no longer able to provide it
• Prevent crisis situations if you become ill or pass away suddenly
• Transfer knowledge about daily care to future caregivers
• Maximize the resources available for your child’s lifetime

The sooner you start planning, the more options you’ll have and the more secure your child’s future will be.

Why Standard Estate Planning Doesn’t Work for Special Needs

Many parents assume they can simply leave money to their child with special needs through a will or trust. Unfortunately, this approach often creates serious problems:

Benefits Eligibility 

Government programs like Supplemental Security Income (SSI) and Medicaid have strict asset limits—typically just $2,000 for an individual. A direct inheritance of even a modest amount can disqualify your loved one from these crucial benefits.

Resource Management 

Many individuals with disabilities need help managing money and making financial decisions. Without proper planning, the court might appoint a guardian you wouldn’t have chosen.

Care Coordination 

Money alone doesn’t ensure proper care. Someone needs to oversee healthcare, living arrangements, and social services after you’re gone.

To truly safeguard your child’s future, your estate plan needs to do more than pass on assets.

Essential Tools for Florida Special Needs Planning

Creating a thoughtful special needs plan means going beyond basic wills or trusts. Florida families have several tools available to help protect benefits, manage resources, and support lifelong care for a loved one with disabilities.

Special Needs Trusts

The cornerstone of most special needs plans is a properly structured trust that provides supplemental support while preserving benefits eligibility. In Florida, there are several types:

• Third-Party Special Needs Trust

This trust is created and funded by parents or other family members (not with the disabled person’s own assets). Benefits include:

• No payback provision to Medicaid after the beneficiary’s death
• Can be funded during your lifetime or through your will or revocable trust
• Assets can go to other family members after the beneficiary’s death
• Provides supplemental funds for needs not covered by government benefits

First-Party Special Needs Trust (Self-Settled)

This type of trust holds assets that belong to the person with disabilities, such as an inheritance they received directly, personal injury settlement, or accumulated savings. These trusts:

• Must include a Medicaid payback provision
• Must be created before the beneficiary turns 65
• Can be created by a parent, grandparent, guardian, or court

Pooled Special Needs Trust

This option pools resources from many beneficiaries, with separate accounts for each person. These trusts:

• Are managed by nonprofit organizations with experience in disability issues
• Work well for smaller amounts that might not justify an individual trust
• May be available to beneficiaries over 65 (unlike individual first-party trusts)

Guardianship Planning

For children who cannot make important decisions, guardianship planning is essential. This includes:

• Naming your preferred guardian in your will
• Creating standby guardianship arrangements
• Considering limited guardianship options that preserve some independence
• Planning for transition when your child reaches adulthood

ABLE Accounts

Florida’s ABLE United program allows people with disabilities to save up to $100,000 without losing SSI benefits. These accounts:

• Can be used alongside a special needs trust
• Offer tax advantages similar to 529 college savings plans
• Allow the beneficiary more direct access to funds
• Have annual contribution limits ($18,000 in 2025)

With the right combination of legal tools, you can build a plan that safeguards both financial stability and quality of life. A Florida special needs planning attorney can help you choose the right strategies for your family’s unique situation.

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

Ensure Your Child Is Cared For—No Matter What Happens

If you have a loved one with special needs, don’t wait to create a proper plan. Without one, your child could lose essential benefits, face unnecessary court proceedings, or not receive the quality of care you would want.

At Berg Bryant Elder Law Group, our attorneys understand both disability law and the emotional aspects of planning for a loved one with special needs. We serve families throughout Northeast Florida, including Jacksonville, Orange Park, and surrounding communities.

Contact us today to schedule a consultation and begin creating a plan that ensures your loved one with special needs will be properly cared for throughout their lifetime.