St. Augustine Special Needs Planning Lawyer

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.

Speak with a St. Augustine Special Needs Planning Lawyer Today

Special needs planning is not just about legal documents—it’s about creating a secure, supportive future for someone you love. At Owenby Law, P.A., we take the time to understand your family’s unique circumstances and craft a plan that meets both present and future needs.

Whether you are setting up a Special Needs Trust, applying for government benefits, or simply want to understand your options, our legal team is here to guide you every step of the way.

Contact us today to schedule a consultation with an experienced St. Augustine special needs planning lawyer and start building a plan that gives your family peace of mind.