Special Needs Planning Attorney in Miami, Florida

If you have a child with special needs, it's essential to take steps to make sure they receive the care and resources necessary through every stage of their life. At the same time, you should make sure those resources don't prevent your child from receiving assistance from government programs.

Since many special needs programs are needs-based, it's common to feel as though your hands are tied. However, a special needs planning attorney can help you explore solutions that allow you to provide for your child without impacting their eligibility for assistance.

At Denise Jomarron Legal Group, we understand the unique challenges and decisions families face when planning for the future of a family member with special needs. Our experienced attorney is committed to providing compassionate, personalized legal guidance to make sure your loved one continues to live with dignity, comfort, and financial security.

Located in Miami, Florida, we serve clients throughout Miami-Dade County. Contact our firm today to schedule a free 20-minute consultation.

What is Special Needs Planning?

Special needs planning is a legal strategy that provides financial protection and care for individuals with disabilities without compromising their eligibility for government assistance programs. These programs, such as Supplemental Security Income (SSI) and Medicaid, are often critical to the well-being of individuals with disabilities.

However, certain gifts, inheritances, or financial mismanagement could unintentionally disqualify someone from receiving these benefits. An experienced estate planning attorney can help you avoid these pitfalls by crafting custom legal solutions that preserve the at-need party's access to essential benefits while securing additional financial resources.

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Our Special Needs Planning Services

At Denise Jomarron Legal Group, we assist families in navigating Florida’s laws and regulations surrounding special needs planning. Our special needs planning attorney will work with you to discuss your legal options and our available services, including the following.

Special Needs Trusts

Special needs trusts (SNTs) are among the most effective tools for protecting an individual’s eligibility for government benefits while allowing them to receive funds for supplemental care. Florida law recognizes two main types of special needs trusts, and we can help you determine which option is best for your family.

First-party special needs trusts: A first-party SNT is funded using the disabled individual’s own assets, such as an inheritance, personal injury settlement, or savings. Under Florida law, these trusts must comply with specific requirements, such as being irrevocable and including a Medicaid payback provision.
Third-party special needs trusts: A third-party SNT is funded by someone other than the disabled individual (such as a parent or grandparent) and allows families to provide financial support without jeopardizing government benefits.

ABLE Accounts

ABLE (Achieving a Better Life Experience) accounts are tax-advantaged accounts that allow individuals with disabilities and their families to save money without losing eligibility for government benefits. ABLE accounts function similarly to college savings accounts, where the funds can be invested and grow tax-free; however, they are specifically designed for disability-related expenses.

These accounts can hold up to $100,000 without affecting SSI or Medicaid eligibility. While ABLE accounts have certain limitations, such as an annual contribution limit of $15,000, they provide an additional tool for families to financially support their loved ones with disabilities.

Guardianship and Advanced Directives

For individuals with disabilities who are unable to make legal or financial decisions, establishing legal guardianship can be a useful tool. Florida law provides several guardianship options, from limited to plenary guardianships. Our team can guide you in choosing the most appropriate arrangement for your situation.

Additionally, we assist with advanced directives, such as durable powers of attorney and healthcare surrogates, which empower trusted family members or friends to make critical decisions on behalf of their loved one. With our guidance, you can make sure every decision reflects the best interests of the individual with special needs.

Why Choose Denise Jomarron Legal Group?

At Denise Jomarron Legal Group, we strive to serve as a trusted partner for addressing the unique and highly personal needs of each family we serve. Some reasons why families throughout Miami-Dade County choose us for their special needs planning needs include the following.

Florida-specific experience: Special needs planning involves intricate laws and regulations, including compliance with the Florida Statutes and federal Medicaid rules. Our firm’s in-depth understanding of Florida law enables us to craft customized strategies that meet state-specific legal requirements.
Compassionate and personalized approach: Every family’s situation is unique. That’s why we take the time to listen, learn, and understand your family’s needs and goals. Through open communication and detailed planning, we work alongside you to create tailored solutions that reflect your values and priorities.
Comprehensive planning experience: Our attorneys have extensive experience handling diverse special needs planning situations, from basic trust creation to complex financial and care planning. Regardless of your family’s needs, we are equipped to provide the support and guidance you deserve.

Special Needs Planning FAQ

What happens if I don’t create a special needs plan?

Without a proper special needs plan, your loved one could inadvertently lose access to crucial government benefits like SSI and Medicaid. Additionally, well-intentioned inheritances or financial gifts may be mismanaged, leaving your loved one vulnerable. By working with a skilled attorney, you can avoid these risks and safeguard your family’s future.

How do special needs trusts work in Florida?

Special needs trusts allow individuals with disabilities to have access to funds for supplemental needs, such as education, recreation, and non-covered medical expenses, without jeopardizing their government benefits. These trusts are managed by a trustee, who is responsible for overseeing the distribution of funds in accordance with the terms of the trust.

How do I begin the special needs planning process?

Starting the special needs planning process begins by consulting an experienced estate planning attorney. During your initial consultation, we’ll discuss your family’s situation, assess the legal options available, and develop a roadmap to secure your loved one’s future.