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Caring for a loved one with special needs means not only making the best choices you can for them today, but also preparing for the future. Healthcare, housing, benefits, and education are all important considerations. While no one can predict the future, you can plan for it.
Smart planning makes sure your voice is heard in the unfortunate event that you are no longer able to advocate for your loved one. Our special needs planning lawyers in Fort Lauderdale will help you assess your current situation and create a personalized legal strategy.
For more than two decades, The Siegel Law Group, P.A., has served Florida families and guided them through complicated legal challenges. Call today to schedule your free in-office consultation and find out how our estate planning lawyers in Fort Lauderdale can assist you.
What Is Special Needs Estate Planning?
Special needs planning refers to the legal and financial strategies you may use to provide for a person with physical, developmental, or cognitive disabilities. Your plan should supplement and coordinate with public benefits such as Medicaid and Supplemental Security Income.
Instead of simply giving away assets to a person with special needs, our special needs attorneys in Fort Lauderdale will devise a plan to help you hold and manage those assets in a way that preserves your loved one’s eligibility for benefits.
In Florida, special needs estate planning must comply with federal regulations and state-specific laws that govern trusts, guardianship, and public benefits. This ensures that your loved one can continue receiving assistance while also benefiting from additional financial resources.
For a free legal consultation with a special needs planning lawyer serving Ft. Lauderdale, call 561-955-8515
How Can a Special Needs Planning Lawyer Help?
The laws and regulations that govern benefits can feel overwhelming. It’s smart to speak with a knowledgeable attorney who can help you understand your options. Some of the ways our legal team can assist you include:
- Draft and establish Special Needs Trusts.
- Ensure compliance with Medicaid and SSI eligibility rules.
- Review and update existing estate plan documentation
- Coordinate wills, trusts, and beneficiary designations
- Advise on and help set up ABLE accounts
- Assist with guardianship or other decision-making arrangements
- Help select and advise trustees
- Develop long-term care and financial planning strategies
- Provide ongoing legal guidance as circumstances change.
Our team can help you and your family avoid costly errors, such as inadvertently leaving assets directly to a person with special needs or failing to update a plan as laws evolve.
Ft. Lauderdale Special Needs Planning Lawyer Near Me 561-955-8515
What Should a Special Needs Plan Include?
A special needs estate plan should be highly individualized and include protections that are most important to you and your family. However, there are a few tools and strategies most people should consider, such as:
Special Needs Trust
This is the foundation of most special needs estate plans. A Special Needs Trust allows you to set assets aside for the benefit of an individual with disabilities without jeopardizing their eligibility for needs-based government programs.
Last Will and Testament
Your will is one of the most important parts of your estate plan. It should make sure that any inheritance intended for the individual with special needs is directed into the Special Needs Trust rather than distributed outright. You may also name guardians for minor children.
Beneficiary Designations
In Florida, non-probate assets pass according to beneficiary designations. Update these designations to name the Special Needs Trust as the beneficiary where appropriate. Leaving large sums directly to an individual with special needs can disqualify them for benefits.
ABLE Account
An Achieving a Better Life Experience (ABLE) Account is a tax-advantaged savings tool available to eligible individuals with disabilities. These accounts allow limited savings without affecting eligibility for means-tested benefits such as SSI.
Guardianship
Depending on the individual’s capacity, you may wish to address who will make medical, financial, and personal decisions on their behalf. Planning in this area helps avoid court intervention and ensures trusted individuals make informed decisions.
Trustee Selectrion
Selecting the right trustee is essential to the success of a Special Needs Trust. It is advisable to name one or more successor trustees to make sure someone is available to manage accounts and keep the trust in compliance with regulations.
Talk to our Fort Lauderdale special needs planning lawyers before making any major decisions. We can help you avoid common pitfalls.
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Get Help from Our Special Needs Planning Attorneys in Fort Lauderdale
Making the best decisions you can today is important, but the world is always changing. The right legal tools can help you create a plan that provides for your loved one with special needs for the rest of their life. You will have the peace of mind of knowing they are taken care of.
Building the right legal protections may seem like a daunting task, but you don’t have to do it alone. Our special needs planning attorneys in Fort Lauderdale will review your circumstances, discuss your goals, and help you devise a strategy that fully serves your loved one.
Our team at The Siegel Law Group, P.A., has more than 100 years of combined legal experience serving families, seniors, and their loved ones throughout South Florida. Call for your free in-office consultation and tell us about your challenges.
Call or text 561-955-8515 or complete a Free Case Evaluation form