St. Augustine Special Needs Planning Lawyer

Caring & Knowledgeable Legal Guidance from Owenby Law, P.A.

When it comes to caring for a loved one with special needs, planning for the future is one of the most important steps a family can take. At Owenby Law, P.A., we understand the unique legal, financial, and emotional considerations involved in securing the long-term well-being of individuals with disabilities. As your trusted St. Augustine special needs planning attorney, we’re here to help you navigate these complex matters with compassion, clarity, and confidence.

Call (904) 674-8779 or contact us online today to schedule a free consultation with an experienced St. Augustine special needs planning lawyer.

The Importance of Special Needs Planning

Special needs planning is the process of creating a legal and financial framework to support individuals with physical or mental disabilities throughout their lives—especially after their primary caregivers are no longer able to do so. Without proper planning, your loved one may inadvertently lose eligibility for critical government benefits such as Supplemental Security Income (SSI) and Medicaid, or may not receive the long-term care and advocacy they deserve.

At Owenby Law, P.A., we work closely with families to ensure that their loved ones are provided for in a way that preserves their dignity and enhances their quality of life—while protecting their access to essential public benefits. Whether you're planning for a child with a disability, an aging family member, or another dependent, our experienced legal team will guide you every step of the way.

Common Types of Special Needs Planning

There are several tools and strategies that can be utilized in a comprehensive special needs plan. As your St. Augustine special needs planning lawyer, we will tailor a plan that reflects your unique family situation and goals. Some of the most common components include:

Special Needs Trusts (SNTs)

A Special Needs Trust is one of the most important tools in planning for a loved one with disabilities. It allows assets to be held in trust for the beneficiary’s benefit without jeopardizing their eligibility for means-tested government programs like SSI or Medicaid. There are several types:

• First-Party SNTs: Funded with the beneficiary’s own assets (such as a personal injury settlement or inheritance).
• Third-Party SNTs: Funded with assets from someone other than the beneficiary (typically a parent or grandparent).
• Pooled Trusts: Managed by nonprofit organizations, ideal for families who may not have a private trustee.

Guardianship and Conservatorship

If your loved one lacks the capacity to make decisions independently, legal guardianship or conservatorship may be necessary to ensure they are protected. We can help you navigate the court process to obtain legal authority to act on their behalf while respecting their rights and individuality.

Letters of Intent

Though not legally binding, a letter of intent is a critical document that provides detailed guidance about your loved one’s care, preferences, daily routines, medical history, and more. It acts as a road map for future caregivers and ensures continuity of care.

Public Benefits Counseling

Understanding and maintaining eligibility for public assistance programs is essential. We can help families avoid common pitfalls and structure resources appropriately so your loved one continues to receive vital services such as:

• Medicaid
• Supplemental Security Income (SSI)
• Social Security Disability Insurance (SSDI)
• Vocational rehabilitation programs
• Housing assistance

Estate Planning Integration

We work with you to align your entire estate plan with your special needs objectives. This may involve creating or revising wills, establishing trusts, designating trustees, and ensuring beneficiary designations are properly coordinated with your special needs plan.

Special Needs Planning FAQs

Why is a Special Needs Trust important?

A Special Needs Trust allows assets to be used for the benefit of a disabled individual without disqualifying them from essential government programs. It offers peace of mind and financial security for the future.

Can I leave money directly to my child with special needs in my will?

While you can, doing so may result in disqualification from public benefits. A properly structured Special Needs Trust is a safer and more effective option.

What can a Special Needs Trust pay for?

Trust funds can be used to pay for a wide range of supplemental needs, including medical care, therapy, education, personal care attendants, travel, and recreation—anything that improves quality of life but is not covered by government benefits.

What happens to a Special Needs Trust when the beneficiary passes away?

This depends on the type of trust. For first-party SNTs, any remaining funds may be subject to Medicaid payback requirements. For third-party SNTs, leftover assets can be distributed to other family members or charitable organizations as designated.

Do I need a lawyer to set up a Special Needs Trust?

Yes. These are highly specialized legal instruments. A qualified St. Augustine special needs planning attorney will ensure your trust is compliant with federal and Florida laws and meets the unique needs of your loved one.

Schedule a Consultation with a St. Augustine Special Needs Planning Attorney

If you’re ready to take the next step in planning for your loved one’s future, we’re here to help. Together, we’ll build a solid foundation of care, security, and peace of mind.

Contact us today at (904) 674-8779 to learn how we can help your family plan for the future with confidence.