Denise Jomarron Legal Group provides special needs planning services to help individuals access resources without losing eligibility for government-based programs.
If you have a child with special needs, you need to take steps to ensure he or she receives the care and resources necessary through every stage of life. At the same time, you do not want those resources to prevent your child from receiving assistance from government programs. Since the programs are needs-based, you might feel as if your hands are tied. However, a Miami special needs planning attorney can go over solutions that will allow you to provide for your child without impacting eligibility.
You can set up a strategy session with an attorney from our firm. After reviewing your unique circumstances, the attorney can devise a plan that makes sense for your situation. It’s never too early to start planning, so reach out to our firm today.
Our Miami special needs planning attorney will discuss all of your legal options. This includes:
Special needs trusts are popular planning tools for disabled individuals and their families. There are two types of special needs trust. The first is a first-party special needs trust that is set up with the beneficiary’s own funds. For instance, the beneficiary’s monies from a settlement would fund a first-party special needs trust. The other type of trust is a third-party special needs trust. This trust can be set up with funds from someone other than the beneficiary such as a parent, aunt or uncle. Once set up, the beneficiary can use the money inside of the trust to supplement government assistance programs. For example, the funds can go toward special equipment and medical expenses that are not currently covered. Additionally, the beneficiary can benefit from the monies since they can be used to pay for travel, recreation, and even a companion.
As long as the trust is properly set up, funded, and used, the money inside of it will not impact government program eligibility. Thus, consult with our Miami special needs planning attorney to ensure that you follow all the rules and guidelines.
The Achieving Better Life Experience (ABLE) Act was signed into federal law in 2014, and Florida followed suit in 2015. Those who qualify can establish a tax-exempt savings account to use to pay for “qualified disability expenses.” The list of covered expenses is long and includes housing, education, and personal support services.
Individuals must be Florida residents to sign up for the state’s ABLE program. Additionally, the qualifying disability must have been present before the individual turned 26. Individuals automatically qualify if they are currently receiving SSDI or SSI benefits. Additionally, people who have one of the Compassionate Allowances conditions can create an ABLE account.
After setting up the account, anyone can contribute to it, including your friends and family members. However, the account cannot receive more than $16,000 in contributions a year. This is a combined limit, meaning you will need to add up the contributions from all donors to ensure the account does not go over the limit.
ABLE accounts are complex to set up but relatively easy to use. Thus, consult with an attorney to create your account and learn more about the guidelines.
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If you have a special needs child, he or she might require assistance with personal, medical, and financial decisions. Thus, you are likely worried about what will happen once your son or daughter becomes a legal adult. Fortunately, you can continue to provide support as a guardian advocate. You do not need to prove incapacity, but you must demonstrate that your child requires ongoing assistance. Then, you will attend a hearing, where the judge will decide whether or not to appoint a guardian advocate. If granted, you will receive an outline of your responsibilities. First, consult with our Miami special needs planning attorney to learn more about becoming a guardian advocate and other options. Then, the attorney can develop a plan to help your child receive the assistance he or she needs.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.
