Special Needs Trusts Attorney in Miami, Florida
Caring for a family member with special needs involves more than daily care and emotional support; it also means planning for long-term financial security. Creating a special needs trust is one of the most effective ways to protect your loved one’s access to important public benefits while providing for their quality of life.
At Denise Jomarron Legal Group, we focus on helping you protect what matters most: your family’s future and your loved one’s well-being. Led by attorney Denise Jomarron, our firm serves individuals and families in Miami, Florida, and across Miami-Dade County, offering legal guidance in estate planning, guardianship, elder law, and special needs planning.
Our goal is to simplify the process, explain every step clearly, and tailor the trust to meet your family’s unique circumstances. With years of experience in special needs and estate planning law, we help families make informed decisions that honor both their loved one’s independence and long-term protection. Contact us today to schedule a consultation.
What Is a Special Needs Trust?
A special needs trust (SNT) is a legal arrangement that allows you to set aside money or assets for a person with a disability without affecting their eligibility for public benefits such as Supplemental Security Income (SSI) or Medicaid. When structured properly, the trust funds can be used to pay for items and services that improve your loved one’s quality of life, including:
Personal care attendants
Education and vocational training
Travel and recreation
Medical and dental expenses that are not covered by insurance
Therapy, rehabilitation, or assistive technology
Rather than giving assets directly to the person with a disability, which could disqualify them from benefits, the trust holds those funds under the management of a trustee. The trustee then uses the funds to pay for approved expenses, maintaining the beneficiary’s financial eligibility.
Why You Should Create a Special Needs Trust
Families in Miami and across Florida often create special needs trusts for peace of mind and protection. A well-drafted trust can:
Preserve government benefits: The trust keeps assets out of the beneficiary’s name, allowing continued access to SSI and Medicaid.
Provide supplemental care: The funds can cover services and experiences that government programs don’t provide.
Prevent financial misuse: The trustee manages the funds responsibly and in accordance with your wishes.
Plan for the future: The trust allows parents and guardians to plan ahead for their loved one’s lifelong support even after they’re no longer able to provide care.
Every family’s situation is different, which is why we take time to understand your goals and explain how the trust fits within your broader estate plan.
Need Help Creating a Special Needs Trust?
Types of Special Needs Trusts
There are different types of special needs trusts, and the best one for your circumstances depends on where the funds come from and who is creating the trust.
First-party special needs trust: A first-party (or “self-settled”) trust is created using the beneficiary’s own assets — such as an inheritance, a legal settlement, or savings. Under federal law, these trusts must be established before the beneficiary turns 65 and must include a Medicaid payback provision, meaning that, upon the beneficiary's death, any remaining funds may be used to reimburse Medicaid for the cost of benefits provided.
Third-party special needs trust: A third-party trust is created by someone else, such as a parent, grandparent, or guardian, using their own assets for the benefit of the person with special needs. This type of trust doesn’t require a Medicaid payback and is often used as part of a family’s estate plan to provide long-term care for a loved one.
Pooled special needs trust: A pooled trust is managed by a nonprofit organization and combines the assets of many beneficiaries for investment purposes, while maintaining separate sub-accounts for each participant. This option is often suitable for individuals who may not have enough assets to justify creating a private trust or who prefer a professional trustee’s oversight.
Florida Laws and Special Needs Trusts
In Florida, special needs trusts are governed by both federal law and state regulations, primarily found in Florida Statutes Chapter 736 (the Florida Trust Code) and 42 U.S.C. § 1396p(d)(4) under federal Medicaid law. The key provisions you should be aware of include:
Trust structure requirements: Florida follows federal guidelines requiring that the trust be created for the “sole benefit” of a person with a disability. This means the funds can only be used to improve that person’s life, not to benefit others.
Qualified trustee: The trustee can be a family member, friend, or professional fiduciary; however, they must manage the funds responsibly and comply with federal and state reporting requirements.
Medicaid payback rule: First-party special needs trusts in Florida must include a provision allowing Medicaid to be reimbursed after the beneficiary’s death. Third-party trusts, however, are not subject to this rule.
Court approval: In some cases, particularly when a first-party trust is funded with the proceeds of a lawsuit or an inheritance, court approval may be required before the trust can be finalized.
Tax considerations: Florida does not have a state income tax, but special needs trusts must still comply with federal tax reporting. Depending on how the trust is drafted, income may be taxed to the trust, the beneficiary, or the grantor.
Since these rules can vary depending on the type of trust and the source of funds, professional guidance is often key to creating a structure that meets the needs of the beneficiary.
How Our Firm Can Help You Create a Special Needs Trust
At Denise Jomarron Legal Group, we know that no two families are alike. We start by listening and learning about your loved one’s abilities, needs, and goals before recommending the right trust strategy. Some of the ways we can help include:
Personalized consultation: We will discuss your family’s situation, the type of trust that fits best, and your priorities for your loved one’s care.
Customized drafting: We can prepare all legal documents, tailoring every clause to meet both federal and Florida-specific requirements.
Trustee guidance: We can explain the trustee’s role and responsibilities, helping you choose someone trustworthy and capable of managing the funds wisely.
Coordination with benefits programs: We can coordinate with Medicaid, SSI, and other programs to protect eligibility while maximizing available resources.
Ongoing support: Our relationship doesn’t end once the trust is signed. We’re here to answer questions, provide updates, and modify the trust as your family’s needs change.
Legal planning should bring confidence, not confusion. Our approach is practical, compassionate, and centered on helping families move forward with peace of mind. For further guidance on special needs trusts, contact an experienced special needs planning attorney today.
Special Needs Trusts FAQ
Families often have many questions when considering a special needs trust, especially about how it affects benefits and long-term care. Here, we’ve answered some of the most common concerns to help you better understand how these trusts work in Florida.
Will a special needs trust affect my child’s SSI or Medicaid benefits?
No. When structured correctly, the trust keeps funds separate from your child’s countable assets, allowing continued eligibility for government benefits.
Can I be the trustee of my child’s special needs trust?
Yes, but managing a trust involves strict rules and reporting requirements. Many families choose to name a professional trustee or co-trustee for added support.
What happens to the money in the trust after my loved one passes away?
In a first-party trust, any remaining funds may be used to repay Medicaid. In a third-party trust, remaining assets can pass to other family members or charities.
Do I need a lawyer to set up a special needs trust?
Yes. Since both Florida state and federal laws apply, a knowledgeable attorney can help you avoid costly mistakes and structure the trust correctly from the start.
Special Needs Trusts Attorney in Miami, Florida
At Denise Jomarron Legal Group, we believe in building trust through compassion and clarity. Our team understands that establishing a special needs trust is a deeply personal decision — one that blends love, responsibility, and long-term care.
We work closely with families throughout Miami and Miami-Dade County to design thoughtful legal solutions that protect your loved one’s financial future and provide lasting peace of mind. Call today to secure your loved one’s future.