Elder Law Attorneys – Creating Peace of Mind for All Generations

How to Incorporate Disability Planning into Your Estate Plan: Protecting Your Assets and Health

How to Incorporate Disability Planning into Your Estate Plan: Protecting Your Assets and Health

Disability planning is a priority for many Florida residents. Whether you are in the beginning stages of building your estate plan or you already have your affairs in order, you might want to consider the benefits of disability planning. Even if you do not have a disability, this could easily change in the future as you age. When a disability does occur, it makes sense to have a contingency plan in place. If you are already disabled, this aspect of estate planning is even more important. You might also engage in disability planning if you have a dependent family member with special needs. Discuss these subjects in more detail with a Florida estate planning attorney

What is Disability Planning?

Disability planning is a general phrase that refers to the aspects of your estate plan that involve disabilities. First, you might be approaching the estate planning process as someone who has a disability of some kind. Perhaps you want to preserve your access to Medicaid while simultaneously protecting your assets. In this situation, Medicaid planning strategies may help you qualify for government assistance while still maintaining your general net worth. These strategies may also prove beneficial if you have recently developed a disability. 

You might also need to consider disability planning if you have a disabled beneficiary. This might be an adult disabled child, a disabled spouse, a disabled sibling, or some other loved one whom you care for and feel responsible for. Various estate planning strategies could help you ensure financial support for your disabled loved one, even after you are gone. 

Do I Need a Special Needs Trust?

If you have a loved one with special needs, you may be eligible to set up a special needs trust. As its name suggests, this type of trust is specifically designed for people with special needs. When you set up this trust, you can name your disabled relative as a beneficiary. When you pass away, your special needs relative will continue to receive financial support through the trust for the foreseeable future. 

The beauty of a special needs trust is that it does not jeopardize the beneficiary’s eligibility for Medicaid and other “needs-tested” government benefits. As long as you create the trust properly with help from an experienced attorney, the trust should allow you to shelter assets as your loved one continues to receive medical care through Medicaid. 

Your loved one can then use trust assets for discretionary spending and other non-medical living expenses. These might include rent, utilities, food, entertainment, and other costs. In this way, a special needs trust helps maintain your loved one’s standard of living while also ensuring access to top-level medical care. 

When planning for a disabled loved one, it is important to choose guardians, trustees, and other caregivers carefully. These are the people who will be responsible for your disabled loved one after you’re gone, and you can designate these overseers in your estate plan. 

Do I Need a Medicaid Trust?

If you are dealing with a disability yourself, you might want to consider a Medicaid trust. As its name suggests, this type of trust is specifically designed for those who want to get access to Medicaid. What makes this trust distinct is the fact that it preserves your eligibility for Medicaid, even if you would normally be disqualified due to your net worth.  

There are various examples of trusts that could help with Medicaid planning. These include pooled trusts and qualified income trusts. It is important to choose the right option based on your unique circumstances, and you can discuss your choices with an estate planning lawyer. 

When planning for Medicaid and other disability-related strategies, you might need to consider the relevant “lookback periods.” If you are beginning the estate planning process in advance, you may have more freedom to choose between various options. This is because of the five-year lookback period. As long as you facilitate certain transactions five years or more before applying for Medicaid, it may be easier to qualify. Medicaid, based on Supplemental Security Income (SSI), has an even shorter lookback period of three years, giving you less time to plan your strategies. 

Other Ways to Protect Assets While Dealing With a Disability

Your lawyer may be able to help you assess many other disability-related estate planning strategies. There are all kinds of ways to protect your assets and your health in this scenario. Some strategies revolve around the homestead exemption. You can transfer some of your wealth into your primary residence to protect your assets, qualify for Medicaid, and age in place. 

Many Florida seniors decide to spend excess funds on home renovations, thereby reducing their on-paper net worths and making it easier to qualify for Medicaid. Transferring assets into your primary residence may also protect wealth from probate. If two spouses have joint tenancy of a home and one spouse dies, the property passes to the surviving spouse automatically without going through probate. 

Home renovations can also make it easier for elderly and disabled individuals to live comfortably with minimal assistance. Examples include bathroom handles, stairlifts, nonslip surfaces, motion-sensing lighting, smart home technology, and much more. 

It always makes sense to discuss your unique disability with a lawyer before getting started with the planning process. Each disability is unique, and your lawyer can help you take a personalized approach to estate planning, Medicaid planning, and any other related goals. 

Can a Florida Estate Planning Attorney Help With Disability Planning?

An experienced Florida estate planning attorney may be able to help with disability planning. That said, it makes sense to choose a lawyer who has specific experience with special needs trusts, Medicaid, and related concepts. Not all estate planning lawyers focus on these areas, and you may want to be selective when searching for a lawyer. Disabilities can vary tremendously, and you might want to discuss your unique challenges and priorities during a consultation with one of these lawyers. Contact The Elderly Care Law Firm at (305) 615-5430 to continue this conversation. 

About The Eclf Blog

Thank you for coming to the Elderly Care Law Firm Blog & News section. Here you’ll find our perspective, law, and updates on elderly care law.

Recent Blog Post

Tieesha N. Taylor

Contact Us:

(305) 564-6606

Reginette Borado

Client Services Coordinator

Reginette is a highly organized and dependable professional with extensive remote work experience in client communication, appointment setting, lead management, customer service, and administrative support. A Cum Laude graduate of the University of the Philippines Diliman, she is currently pursuing her Juris Doctor degree at San Beda School of Law.

With approximately seven years of experience in appointment setting and client-facing roles, Reginette has developed strong skills in lead generation, lead qualification, follow-ups, scheduling, CRM and pipeline management, and customer service. Her experience working with U.S.-based clients has strengthened her ability to communicate professionally, manage multiple priorities, and work effectively across different teams and time zones.
Reginette is known for her attention to detail, adaptability, and commitment to consistent follow-through. She enjoys opportunities to combine her professional experience and legal education while contributing to the team and the clients they serve.

Fun Fact: Reginette is a proud mom who enjoys traveling, exploring new places, cooking, and creating memories with her daughter. In her free time, she enjoys relaxing at home, trying good food, and planning her next adventure.

Juan Salas

Client Relations Specialist

Juan has over 25 years of sales experience, Juan brings a strong “clients first” approach to everything he does. Shortly after earning his bachelor’s degree in Business from New Jersey City University, he began his sales career after discovering that he enjoyed helping friends, colleagues, and clients find solutions that best suited their needs. Juan quickly found success in sales by taking the time to understand each client’s goals, helping them evaluate their options, and becoming a trusted resource to those he served.
In his previous role, Juan brought his sales and client-service skills to the real estate industry as a Loan Officer, where he helped clients prepare for home purchases and navigate the many details and requirements involved in successfully closing on a home.
Today, Juan is focused on helping families navigate important matters involving Estate Planning, Medicaid, and Probate. He is passionate about helping clients understand their options and feel confident as they make important decisions for themselves and their loved ones.

Fun Fact: Juan enjoys staying fit and active, so you can often find him at the gym. Outside of work, Juan enjoys spending quality time with and spoiling his 3-year-old son.

Carmel Culanag

Client Care and Welcome Specialist

Carmel holds a Bachelor’s degree in Education and brings nearly seven years of experience as an ESL teacher, where she developed strong communication, interpersonal, and rapport-building skills. She later transitioned into the healthcare industry as a Medical Records Retrieval Representative, gaining valuable experience communicating with healthcare professionals, coordinating medical records requests, and helping her team achieve performance goals.

In addition to her professional experience, Carmel is actively involved in a volunteer organization, where she previously served as Administrative Head. This role strengthened her organizational, leadership, and coordination skills while further developing her empathy, compassion, and commitment to helping others. With a strong background in education, healthcare, administration, and client communication, Carmel is a dependable and adaptable professional dedicated to delivering quality work and making a positive impact on the people and teams she works with.

Fun Fact: Carmel enjoys exploring new hobbies and often discovers a new interest every few months—from caring for plants to her current passion for art and scrapbooking. Outside of her creative pursuits, she enjoys helping plan and organize events through her volunteer organization. She also especially enjoys connecting with the children she meets through the organization, taking the time to listen, engage in meaningful conversations, and build genuine connections with them.

Maggie Castillo

Client Services Coordinator

Maggie Castillo is committed to providing compassionate, high-quality client intake and operational support. With extensive experience in customer relations, administrative coordination, and workflow management, she excels at guiding clients through important processes with clarity, professionalism, and empathy. Maggie is passionate about supporting seniors, veterans, and their families while helping ensure the smooth and efficient day-to-day operations of Elderly Care Law Firm.

Fun Fact: Outside of work, Maggie enjoys singing and dancing. It’s her favorite way to stay energized, express herself, and bring positivity and enthusiasm to everything she does!

Hasmie Sadjail

Client Care and Welcome Specialist

Hasmie brings over five years of experience in customer service, technical support, virtual assistance, and administrative support. She also completed undergraduate studies in Psychology, which helped develop her strong communication and interpersonal skills. Hasmie enjoys helping others, continuously learning, and creating positive experiences for every client she serves. She is excited to be part of the team and looks forward to contributing to the firm’s success while growing alongside her colleagues.

Fun Fact:
Hasmie loves talking to people and hearing their stories because she believes every conversation offers an opportunity to learn something new. She also loves butterflies, as they remind her that growth and change can lead to something beautiful.

Queen Tanael

Client Care and Welcome Specialist

Queen is a client-focused professional with over six years of combined experience in front desk reception and virtual client support. She holds a degree in Tourism and brings a hospitality-driven mindset to every interaction. Passionate about helping others, Queen enjoys creating positive first impressions and ensuring every client feels welcomed and valued from the moment they reach out.

She has extensive experience managing appointments, handling client communications, and supporting day-to-day operations in fast-paced environments. Her positive attitude, attention to detail, and commitment to exceptional customer service help clients feel comfortable and well cared for throughout their experience with the firm.

Fun Fact:
On her days off, Queen enjoys exploring new coffee shops and planning her next travel adventure.

Email me a free copy of this booklet

Sherrie Lim

Client Services Coordinator

Sherrie Ann Lim brings over twelve years of customer service experience and a strong background in team leadership and client support. Although she holds a Bachelor of Science degree in Physical Therapy, her career path led her to the dynamic world of the contact center industry, where she discovered a deep passion for service, communication, and operational excellence. 

Sherrie is known for her perseverance, enthusiasm, and confident sense of responsibility. She consistently delivers high-quality results, efficiently managing tasks while remaining flexible to the evolving needs of her clients. Her commitment to continuous improvement and excellence positions her as a trusted ally for businesses seeking proactive and reliable virtual support. 

Drawing from her college background, Sherrie has a deeper understanding of the physical and emotional needs associated with aging, making her especially attuned to the importance of compassionate and informed care for the elderly. She recognizes that elder care isn’t just about physical support, it also involves emotional presence, patience, and clear communication. Her strong appreciation for family ties fuels her commitment to helping clients manage the intricacies of elder care with empathy and attentiveness, ensuring that elderly loved ones feel respected, safe, and truly cared for. 

 

She loves taking care of her family during her rest days and free time, finding joy in the simple yet meaningful routines of home life. Whether it’s preparing home-cooked meals, baking sweet treats for her kids, or tackling household projects, Sherrie finds fulfillment in creating a nurturing and organized environment for her family. Whenever time and opportunity allow, she also enjoys traveling with her family, exploring new places, creating lasting memories, and embracing experiences that strengthen their bond and bring joy into their lives. 

Fun Fact: Sherrie’s two kids were born on the exact same date—two years apart! 

May Cruz

Client Services Coordinator

May began her community service career with the Philippine Department of Health as a Computer Operator, providing vital technical support to healthcare workers across island provinces and helping to bridge technology gaps in remote medical settings. Her commitment to service extended beyond her official duties—she also volunteered in medical missions, assisting indigenous communities and contributing to the delivery of essential healthcare with empathy and cultural sensitivity. 

Continuing her dedication to public service, May later worked at a law firm as a Disability Service Coordinator, assisting military veterans in navigating disability services. She brought empathy, compassion, and heart to the role, ensuring that each veteran felt heard, respected, and supported throughout the process. 

With a unique blend of technical expertise and human-centered care, May remains deeply committed to using her skills to uplift underserved and vulnerable communities. 

Fun Fact: Despite not knowing how to swim, May is a certified open water diver. Her adventurous spirit and determination push her beyond her comfort zone—both in life and under the sea.