St. Augustine Special Needs Planning Lawyer
Helping Protect Your Loved One with Special Needs
Families with loved ones who have disabilities often face unique challenges when it comes to long-term care, financial security, and legal protection. At Owenby Law, P.A., we are dedicated to providing compassionate and comprehensive legal guidance tailored to meet the needs of individuals with disabilities and their families. As an experienced St. Augustine special needs planning attorney, we help clients create plans that protect assets, ensure continued access to government benefits, and secure a high quality of life for the future.
The Importance of Special Needs Planning
Special needs planning is essential for families who want to ensure that their loved one with a disability will be cared for—both financially and personally—after they are gone or if they become unable to provide direct support.
Without proper planning, well-meaning financial gifts or inheritances could inadvertently disqualify a person with special needs from vital government programs such as Supplemental Security Income (SSI) and Medicaid. These benefits often provide critical healthcare coverage, housing assistance, and income support that families cannot afford to lose.
A thoughtful special needs plan will:
- Protect eligibility for public benefits.
- Provide for supplemental needs that improve quality of life.
- Assign trusted decision-makers for healthcare and financial matters.
- Offer peace of mind knowing the individual’s future is secure.
Common Types of Special Needs Planning
There are multiple legal tools available for special needs planning. Each has specific purposes, benefits, and requirements. At Owenby Law, P.A., we help you choose and implement the right combination for your situation.
Special Needs Trusts (SNTs)
A Special Needs Trust allows a person with disabilities to receive assets without jeopardizing eligibility for means-tested benefits. Funds in the trust can be used for supplemental needs—such as education, therapy, travel, or recreation—that government programs do not cover.
There are different types of SNTs:
- First-Party SNTs – Funded with the beneficiary’s own assets (e.g., personal injury settlement, inheritance).
- Third-Party SNTs – Funded by family or friends, typically through an estate plan.
- Pooled Trusts – Managed by nonprofit organizations, combining assets for investment while keeping individual accounts for each beneficiary.
Guardianships and Conservatorships
If a person with a disability cannot make decisions for themselves, a court-appointed guardian or conservator may be necessary. We guide families through the legal process of obtaining guardianship while balancing independence and protection.
Powers of Attorney and Healthcare Directives
These documents allow you to designate someone to make financial and medical decisions if the person with special needs is able to grant such authority. They are often used in cases where full guardianship is not required.
ABLE Accounts
Achieving a Better Life Experience (ABLE) accounts are tax-advantaged savings accounts that allow individuals with disabilities to save money without losing eligibility for public benefits. These accounts are a useful complement to a Special Needs Trust.
Benefits of Special Needs Planning
Proper planning offers both immediate and long-term advantages:
- Preserves Government Benefits – Ensures that eligibility for SSI, Medicaid, and other programs is not unintentionally lost.
- Provides Financial Security – Creates a sustainable plan for lifetime care and support.
- Ensures Care Continuity – Outlines clear instructions for daily care, medical treatment, and living arrangements.
- Reduces Family Stress – Removes uncertainty by having a structured plan in place.
- Protects Assets from Mismanagement – Ensures funds are managed responsibly for the beneficiary’s needs.
- Peace of Mind – Allows families to focus on their loved one’s well-being rather than worry about legal and financial issues.
Special Needs Planning FAQs
What happens if I leave money directly to my child with special needs?
Leaving an inheritance directly to a person with disabilities can disqualify them from SSI and Medicaid because those programs have strict asset limits. A Special Needs Trust is the best way to leave assets without jeopardizing benefits.
Can I set up a Special Needs Trust after my loved one already receives benefits?
Yes. Even if your family member already receives SSI or Medicaid, you can still create a Special Needs Trust to protect additional assets and prevent disqualification.
Who can serve as trustee of a Special Needs Trust?
A trustee can be a family member, friend, professional fiduciary, or nonprofit organization. Choosing the right trustee is critical because they will manage the trust funds and ensure compliance with complex benefit rules.
Are ABLE accounts better than Special Needs Trusts?
They serve different purposes. ABLE accounts have contribution limits and are best for modest savings. Special Needs Trusts can hold much larger amounts and offer greater flexibility, especially for long-term planning.
How often should I update my special needs plan?
We recommend reviewing your plan every 2–3 years, or sooner if there are changes in your family’s circumstances, the beneficiary’s condition, or relevant laws.
Take charge of your family’s peace of mind by calling us at (904) 770-3141 today—discover the difference that a trusted special needs attorney in Jacksonville can make.
