Special Needs Planning
Protecting Your Loved One’s Future Without Jeopardizing Their Benefits
If you have a child, grandchild, or other family member with a disability, you already know how much thought and love goes into caring for them every single day. Estate planning for families in this situation requires an extra layer of care. Done right, it ensures your loved one is provided for long after you are gone. Done without the right guidance, it can accidentally disqualify them from the very government benefits they depend on.
At Andrea L. Jakob, PA, we work with South Florida families to create thoughtful, legally sound plans that protect a loved one with special needs, both now and in the future.
Why Standard Estate Planning Is Not Enough
Many parents and grandparents make a well-intentioned but costly mistake. They either leave nothing to a child with a disability, worried that an inheritance will count against them, or they leave assets directly in that person’s name. Neither approach serves the family well.
Leaving a direct inheritance to someone receiving Supplemental Security Income (SSI) or Medicaid can cause them to lose eligibility for those programs, sometimes immediately. Florida, like all states, applies strict asset limits to qualify for these benefits. Even a modest inheritance can push a person over the threshold and interrupt essential support that may take months or years to restore.
The good news is that there is a legal solution designed specifically for this situation.
The Special Needs Trust
A Special Needs Trust, sometimes called a Supplemental Needs Trust, is a legal arrangement that allows you to leave assets for a loved one with a disability without disqualifying them from government benefits. The trust holds and manages the assets, and a trustee distributes funds for purposes that supplement, rather than replace, what government programs provide.
This might include paying for education, therapy, transportation, assistive technology, recreational activities, personal care items, or other quality-of-life expenses that public benefits do not cover. The goal is to enhance your loved one’s life while preserving the benefits they need for housing, healthcare, and daily support.
In Florida, Special Needs Trusts must be carefully drafted to meet specific legal requirements. The language, structure, and trustee selection all matter. A trust that is not properly written may still be treated as a countable asset, defeating the entire purpose.
Choosing the Right Trustee
Selecting a trustee for a Special Needs Trust is one of the most important decisions a family will make. This person or institution will be responsible for managing funds, making distributions, keeping detailed records, and understanding the complex rules around benefit eligibility. Many families choose a trusted family member, a professional fiduciary, or a nonprofit pooled trust program. Each option has trade-offs, and the right choice depends on the size of the trust, the nature of the beneficiary’s needs, and the family’s long-term situation.
Coordinating Your Entire Estate Plan
Special needs planning does not exist in isolation. It needs to be coordinated with your broader estate plan. If your will or revocable living trust leaves assets directly to a person with a disability, even accidentally as part of a residuary clause, the result could be harmful. Every document in your plan, including your will, trust, beneficiary designations on retirement accounts, and life insurance policies, must be reviewed and aligned with your special needs planning goals.
This is also an important conversation for grandparents to have. If you plan to leave anything to a grandchild with a disability, or if that grandchild might one day inherit through their parent’s estate, proper planning now can protect that inheritance without creating unintended consequences.
A Letter of Intent
Many families in this situation find it valuable to prepare a Letter of Intent alongside their legal documents. While not legally binding, this letter gives future caregivers and trustees a detailed picture of your loved one’s daily routines, medical history, preferences, favorite activities, communication style, and wishes for their future. It is one of the most personal gifts a parent can leave, and it helps ensure continuity of care and dignity for your loved one no matter who is responsible for their wellbeing.
You Do Not Have to Figure This Out Alone
Special needs planning can feel overwhelming, especially when so much is at stake. The team at Andrea L. Jakob, PA takes the time to understand your family’s unique circumstances, explain your options in plain language, and help you build a plan you can feel confident about.
If you have a loved one with special needs and want to make sure they are protected for the long term, we invite you to schedule a consultation with our Davie office. Call us at 954-862-1479, or visit jakoblegal.com to get started. You can also download our free Complete Life Organizer to begin gathering the information you will want to have on hand before your first appointment.