Boca Raton Special Needs Planning Lawyers & Long-Term Care

TL;DR:

Special needs planning ensures a person with disabilities is cared for without losing vital public benefits.
Florida law supports tools like Special Needs Trusts, ABLE accounts, and guardianship.
Boca Raton special needs planning lawyers help families protect assets, access care, and plan for long-term security.
Effective planning can preserve Medicaid, SSI, and housing while providing supplemental care and services.

If you’re responsible for a loved one with a disability, you’ve likely faced a painful truth: government benefits are essential, but inflexible. They provide crucial healthcare and financial support, but even a modest inheritance or financial gift could put those benefits at risk.

That’s where special needs planning comes in. Done properly with Boca Raton estate planning lawyers, it protects eligibility for Medicaid and Supplemental Security Income (SSI). It ensures management of long-term care and allows your loved one to live with dignity, independence, and support.

This page is for families in Boca Raton who want to plan with compassion, caution, and clarity.

Table Of Contents

What Is Special Needs Planning?

Special needs planning is a focused legal and financial strategy that helps individuals with disabilities maintain access to public benefits while enhancing their quality of life through supplemental support. It often involves the use of trusts, ABLE accounts, healthcare directives, guardianship planning, and coordinated estate documents.

Who Needs It?

Parents of a child with developmental disabilities.
Adult children caring for an aging parent with special needs.
Siblings or extended family stepping into a caregiving role.
Individuals managing assets for someone receiving Medicaid or SSI.

Why It Matters:

Public benefits like SSI and Medicaid are means-tested.
Even a small inheritance or financial gift can trigger disqualification.
Planning helps avoid court-imposed guardianships and financial mismanagement.

Example: A Boca Raton family left a $25,000 inheritance to their adult son with autism. Without a trust in place, he lost his SSI for over a year, costing more in services than the gift itself was worth.

Special needs planning is an act of long-term care and commitment. It protects your loved one’s access to vital benefits while creating a structured path for supplemental support, caregiving, and financial management. With the right tools in place, you can provide security and dignity, today and for years to come, no matter what challenges lie ahead.

Why Public Benefits Like SSI & Medicaid Matter

SSI and Medicaid are foundational lifelines for many people with disabilities. In Florida, they provide income support, essential healthcare, housing assistance, and access to critical services such as in-home care and therapy.

Income & Asset Limits (2025)

SSI Income Limit: $943/month for individuals.
SSI Resource Limit: $2,000 in countable assets.
Medicaid Asset Limit (long-term care): Approximately $2,200.

A cash gift, house, or life insurance policy paid directly to a person with special needs can unintentionally breach these limits.

Protected Benefits Include

In-home caregiving through Medicaid Waiver programs.
Housing subsidies.
Group home placement.
Mental health services and therapies.

Special needs planning ensures that families can still provide for extras, like vacations, electronics, or education, without sacrificing these essential benefits.

The Role Of A Special Needs Trust In Florida

A Special Needs Trust (SNT) is the legal cornerstone of most special needs plans. It holds and manages assets for the benefit of a person with disabilities without counting those assets against SSI or Medicaid limits.

Types Of Special Needs Trusts

Type	Funded By	Benefit	Limitation
First-Party SNT	Beneficiary’s own money (settlement, inheritance)	Preserves benefits	Medicaid gets reimbursed after death
Third-Party SNT	Parent, grandparent, or other	Used for lifetime support	No payback requirement
Pooled SNT	Nonprofit-managed trust	Lower cost, shared admin	Less personal control

Permitted Uses include:

Medical & dental care not covered by insurance.
Education, books, computers.
Home modifications.
Transportation and adaptive vehicles.
Entertainment, hobbies, vacations.
Caregivers and companion services.

A Boca Raton attorney can help structure these trusts under Florida law to comply with federal guidelines (42 U.S.C. § 1396p(d)(4)(A)) and maximize flexibility while preserving benefits.

What Is An ABLE Account & When Is It Useful?

ABLE (Achieving a Better Life Experience) accounts offer another important tool for families. These tax-advantaged accounts allow individuals with qualifying disabilities to save money without losing benefits.

Highlights of Florida ABLE United Accounts:

Annual contribution limit: $19,000 (as of 2025).
Total lifetime cap: Over $500,000 (only first $100,000 counts against SSI).
Qualified expenses: Housing, transportation, healthcare, job training, education.

Pros:

Earnings grow tax-free.
Simple to manage.
Great for smaller amounts (e.g., birthday gifts, stimulus checks).

Cons:

Best suited for day-to-day expenses.
Fewer investment and oversight options compared to a trust.

Example: A Boca Raton grandmother sets up an ABLE account for her 16-year-old grandson with Down syndrome, using it to save for assistive technology, tutoring, and a transition program after high school.

An ABLE account is a flexible, tax-advantaged way to support a loved one with disabilities, without risking essential public benefits. It can complement a special needs trust by covering everyday expenses and promoting greater financial independence. When used wisely, an ABLE account becomes a powerful piece of a broader, well-rounded special needs plan tailored to your family’s goals.

Guardianship & Alternatives In Florida

As children with special needs become legal adults at age 18, parents lose automatic authority to make decisions. Depending on the individual’s abilities, guardianship or other arrangements may be needed.

Florida Options

Plenary Guardianship: Full control over all decisions.
Limited Guardianship: Only over specified areas like healthcare or finances.
Guardian Advocacy: Streamlined option for individuals with developmental disabilities who can still participate in decisions (Fla. Stat. § 744.3085).

Less Restrictive Alternatives

Power of Attorney (POA): If the person can understand and sign.
Healthcare Surrogate: Appoints someone to make medical choices.
Supported Decision-Making: Person retains decision power but gets help interpreting information.

An experienced Boca Raton special needs planning law firm helps determine which option best protects your loved one while respecting their independence.

Planning For The Long Term: What Happens When You’re Gone?

Families often worry most about what happens after they’re no longer able to care for their loved one.

Critical tools:

Successor Trustees: Ensures continuity in trust management.
Letter of Intent: A personal document that guides caregivers about values, routines, allergies, triggers, and preferences.
Life Insurance: Often used to fund a third-party trust.
Estate Coordination: Ensures other relatives don’t accidentally disqualify the person with gifts or inheritances.

Example: A Boca Raton father of a son with a brain injury builds a trust funded by a life insurance policy. He appoints his sister as trustee, names a nonprofit to advise her, and writes a letter of intent covering everything from his son’s favorite foods to signs of emotional distress.

Long-term special needs planning prepares for the day you’re no longer there to speak, act, or advocate. By putting successor trustees, letters of intent, and coordinated estate provisions in place now, you help ensure that your loved one will be supported by a plan. It’s one of the most lasting and loving acts you can do, and it starts with the right legal guidance.

Common Mistakes In Special Needs Planning

Even well-meaning families can make costly mistakes when it comes to special needs planning. A single oversight can unintentionally disqualify your loved one from vital support. Identifying and avoiding these common pitfalls is essential to building a plan that truly protects their future.

Avoid these pitfalls:

Leaving assets directly to the individual.
Using generic trusts without special needs provisions.
Choosing an unqualified trustee.
Failing to inform other relatives of the planning strategy.
Assuming public benefits will “take care of everything.”

Tip: Review your plan every 3–5 years or after major life events (marriage, divorce, diagnosis, death in the family).

A special needs plan should be clear, compliant, and tailored, not improvised. By steering clear of these common mistakes, you protect your loved one from benefit loss, legal conflict, and financial instability. A Boca Raton special needs planning attorney can help you get it right the first time and adjust it as life changes.

Get Help From Boca Raton Special Needs Planning Lawyers

This area of law is complex, but your concerns are deeply personal. A Boca Raton special needs planning lawyer helps you cut through the red tape to build a plan that’s legally sound and emotionally reassuring.

We Help You

Establish and fund Special Needs Trusts.
Open and coordinate ABLE accounts.
Prepare guardian advocacy petitions or POAs.
Guide trustees and agents on their duties.
Prevent accidental disinheritance from your estate or others’ wills.
Navigate updates as laws or life circumstances change.

What To Expect In A Planning Consultation

A clearer understanding of how public benefits interact with your assets.
A concrete plan for how to protect and support your loved one.
Custom documents that reflect your values and your needs.
A dedicated legal team is available for ongoing guidance.

We’ll ask questions about your loved one’s diagnosis, support network, financial picture, and long-term goals, and create a plan that works for your whole family.

Book a complimentary case evaluation with us today. Our team is here to help you build a plan that protects what matters most.

Common Questions About Florida Special Needs Planning

What’s The Difference Between First-Party And Third-Party SNTs?

First-party trusts use the beneficiary’s own money and must include a Medicaid payback clause. Third-party trusts are funded by others and avoid Medicaid reimbursement.

Will A Trust Affect My Child’s Medicaid Or SSI?

If drafted properly, a Special Needs Trust preserves eligibility for both programs.

Can Siblings Be Trustees?

Yes, but choose carefully. Trustees should be financially competent, patient, and able to navigate family dynamics.

Is An ABLE Account Better Than A Trust?

It depends. ABLE accounts work well for short-term spending and small gifts. Trusts are better for long-term planning and larger sums.

What Happens If I Don’t Make A Plan?

Your loved one may lose benefits, have no one legally authorized to help, and face guardianship proceedings decided by the court.

Are you facing a tough decision about the future?

Reach out now. Our dedicated Boca Raton Probate Attorneys stand ready 24/7 to give you a complimentary, no-pressure case evaluation crafted around your unique goals. CLICK THE BUTTON BELOW or CALL (561) 300-6099 and let’s chart the way forward together

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