Build a Legacy That Protects and Provides Without Jeopardizing Benefits
If you’re the parent of a child with special needs, estate planning isn’t just about asset distribution—it’s about long-term protection, care, and preserving access to vital government benefits. Without proper planning, even a well-meaning inheritance could disqualify your child from Supplemental Security Income (SSI), Medicaid, and other support programs.
Why Traditional Inheritance Planning Falls Short
Leaving assets directly to a child with special needs can create unintended problems. Government benefits often have strict income and resource limits. Even a modest inheritance could result in loss of eligibility, forcing your child to spend down funds before requalifying—and losing access to important healthcare or services in the meantime.
What Is a Special Needs Trust?
A special needs trust (SNT) is a powerful legal tool that allows you to set aside funds for your child without disqualifying them from means-tested benefits. The trust owns the assets—not your child—and the trustee uses the funds to supplement, not replace, government assistance. Common uses include:
- Therapy or medical treatments not covered by insurance
- Specialized equipment or assistive technology
- Travel, education, or recreation expenses
- Housing support or home modifications
There are two main types of special needs trusts in Florida:
- Third-party SNT: Funded by parents or other relatives, usually as part of an estate plan
- First-party SNT: Funded with the child’s own assets (e.g., from a settlement or inheritance)
Other Key Components of a Special Needs Plan
- Letter of Intent: A non-legal document that provides future caregivers with guidance on your child’s preferences, routines, and needs
- Guardianship or Power of Attorney: Legal authority to make decisions for your child when they turn 18, if they’re unable to do so independently
- Life Insurance: Often used to fund the special needs trust, especially if other family resources are limited
Start Planning Early—And Update Regularly
Waiting too long to plan puts your child’s future at risk. Your plan should evolve over time and be reviewed regularly, especially when there are changes in benefits, laws, family dynamics, or your child’s condition. A well-structured special needs estate plan brings peace of mind knowing your child will be supported even when you’re no longer there.
We’re Here to Help You Plan With Confidence
Yelen Yelen & Simon, P.A. helps Florida parents develop thoughtful, legally sound plans for children with special needs. Let’s protect your child’s future together. Call (305) 445-3721 or schedule a consultation online at https://www.yelen-yelen.com/contact/.