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Elder Law Attorneys – Creating Peace of Mind for All Generations

Special Needs Planning

“To the world, you may be one person, but to one person, you may be the world.” Dr. Seuss

What is Special Needs Planning?

Special Needs Planning is the process of making legal and financial arrangements to protect a person with disabilities. Without the right plan, a child or adult with special needs may lose government benefits, face financial hardship, or even be left without a caregiver.

A good plan includes:

  • Choosing a Guardian – A trusted person who will care for and make decisions for your loved one if you are unable to.
  • Setting Up a Special Needs Trust (SNT) – A legal tool that protects assets while preserving eligibility for benefits.
  • Exploring ABLE Accounts – A tax-free savings option for individuals with disabilities.

Ensuring Medicaid and SSI Eligibility – Making sure your loved one continues to receive the benefits they rely on.

The Biggest Concern for Parents: Who Will Care for My Child?

Many parents of children with disabilities worry about what will happen when they can no longer provide care. Some families assume a sibling will step in, but that is not always the best option. Taking care of a special needs adult can be a full-time responsibility. Even the most loving siblings may not have the time, financial resources, or emotional capacity to take on this role.

This is why naming a Guardian in your estate plan is so important. A guardian is a person legally appointed to care for an individual who cannot fully care for themselves. Parents can express their wishes about who they trust to care for their child and ensure they have the support they need.

Special Needs Trusts: Protecting Your Child’s Financial Future

Leaving money directly to a person with special needs can actually do more harm than good. If they receive an inheritance outright, they could lose essential benefits like Medicaid and Supplemental Security Income (SSI). These programs have strict income and asset limits, so even a modest inheritance could disqualify them.

Special Needs Trust (SNT) solves this problem. This type of trust:

  • Holds money for your child’s benefit without affecting their eligibility for benefits.
  • Allows funds to be used for things Medicaid and SSI don’t cover, like therapy, education, travel, and recreational activities.
  • Can be managed by a trusted family member or professional trustee.

Without a Special Needs Trust, your child could end up losing their benefits, spending down their inheritance quickly, and having no financial security in the future.

What is an ABLE Account?

An ABLE (Achieving a Better Life Experience) Account is another tool that helps individuals with disabilities save money while keeping their government benefits. These tax-advantaged savings accounts allow up to a certain amount of money to be saved each year without affecting Medicaid or SSI eligibility.

Funds in an ABLE account can be used for:

  • Housing
  • Education
  • Transportation
  • Healthcare
  • Other disability-related expenses

While an ABLE account is a great option, it has limits on how much can be saved. A Special Needs Trust is often still necessary for long-term planning.

The Danger of Not Planning Ahead

Failing to plan can lead to devastating consequences. Without proper legal documents in place:

  • Your child may end up in a court-ordered guardianship with someone you wouldn’t have chosen.
  • They could lose Medicaid and SSI if they inherit money improperly.
  • There could be disputes among family members over care and financial decisions.
  • Their future could be uncertain, with no clear plan for housing, medical care, or quality of life.

Why You Need a Special Needs Attorney

Special Needs Planning is complex, but with the right guidance, you can protect your loved one’s future. At Elderly Care Law Firm, we help families:

  • Draft estate plans that protect benefits and ensure a secure future.
  • Establish Special Needs Trusts and ABLE accounts.
  • Appoint trusted guardians and caregivers.
  • Navigate Medicaid and SSI eligibility rules.

Every family’s situation is unique, and the right plan can give you peace of mind knowing your child will be cared for, protected, and financially secure.

Take the First Step in Protecting Your Loved One’s Future

You don’t have to do this alone. Let us help you create a plan that honors your wishes and provides the best possible future for your loved one.

Call your Special Needs planning attorney in Florida today at (305) 564-6606 for a case evaluation.

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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.