Special Needs Planning

Ensuring ongoing care and maintaining key benefits for individuals with disabilities and their families when seeking a guardian advocacy for their children.

mother smiling, holding her daughter with down syndrome who's kissing her on the cheek

At Hemness Faller Elder Law, we understand the critical importance of special needs trusts in ensuring ongoing care and securing vital benefits for individuals with disabilities, particularly those reliant on government assistance like Medicaid or Supplemental Security Income (SSI).

Our expert team comprehends the intricate legal requirements involved, providing comprehensive guidance to establish and manage these trusts effectively, safeguarding your loved one’s financial future without jeopardizing eligibility for essential support programs. With meticulous planning and proactive crisis management, we’re dedicated to offering tailored solutions and advocacy for individuals with special needs, empowering families to navigate these challenges with confidence.

What is Special Needs Planning?

Special needs planning is a multifaceted practice area addressing the unique challenges encountered throughout the lifetime of a person with disabilities, often requiring careful consideration and preparation by parents or family members. Among these challenges is the establishment of special needs trusts, specialized legal instruments designed to benefit individuals with disabilities while protecting their eligibility for crucial government assistance programs.

These trusts, also known as “supplemental needs trusts,” serve dual purposes: safeguarding assets from disqualification for benefits like SSI or Medicaid, and providing supplementary care beyond government provisions, ensuring an enhanced quality of life and ongoing support for your loved one.

How to Approach Special Needs Planning

Our approach to special needs planning goes beyond the legal aspects, recognizing the importance of holistic support and informed decision-making. We advise families on how to craft detailed “Letters of Intent” to guide trustees on their loved one’s preferences, capabilities, and needs, ensuring a personalized and comprehensive care plan.

Additionally, we offer guidance on guardian advocacy for disabled individuals, helping parents and family members navigate the complexities of decision-making and eligibility for government assistance programs. With our expertise and commitment to excellence, we strive to alleviate the burden on families and empower individuals with disabilities to thrive.

Special Needs Benefits in Florida

In Florida, the receipt of SSI brings automatic enrollment in Medicaid, providing essential health insurance coverage and additional benefits. However, maintaining eligibility requires careful management of assets and income, as any changes may impact benefit eligibility.

We provide strategic guidance to navigate these challenges, ensuring continued access to vital resources and protecting your loved one’s financial security. Whether you’re planning for the future or facing immediate needs, Hemness Faller Elder Law is here to provide compassionate support, expert guidance, and tailored solutions for individuals with special needs and their families.