Special Needs Estate Planning in Florida
If you have a loved one with a disability or lifelong care need, estate planning takes on a deeper level of importance. At The Law Office of Brian P. Buchert, we help Florida families build plans that protect benefits, ensure long-term care, and provide peace of mind for the future.
Secure a Better Future with Trusted Legal Guidance and Personalized Attention
Attorney Brian P. Buchert can help guide you through special needs planning with the care, strategy, and precision required by law – and we’re here to help you protect your legacy.
Schedule your free consultation and consult with Brian on a personal level. Take the first step toward peace of mind.
What Is a Special Needs Trust?
A special needs trust (also called a supplemental needs trust) is a legal tool that allows a person with disabilities to receive support without losing access to public assistance like SSI or Medicaid.
- Funds can be used for housing, transportation, medical needs, and life enrichment
- Assets are not counted against income/resource limits for government aid
- You name a trustee to manage distributions according to your instructions
When Should You Create a Special Needs Trust?
- During your lifetime — allows you to direct gifts, inheritances, or life insurance proceeds safely
- Within your estate plan — ensures protection if you pass unexpectedly
- When your child receives a lawsuit settlement, inheritance, or personal savings
Other Tools to Consider
- Letter of Intent – A non-legal document that guides future caregivers or guardians on how to best care for your loved one
- Guardianship – Legal authority to make decisions for an adult with limited capacity
- Durable Power of Attorney – When appropriate, this gives financial authority without full guardianship
What Happens Without Planning?
- Government benefits like SSI or Medicaid may be denied or lost
- A loved one may receive a lump sum inheritance that causes financial harm
- Court-appointed guardians may be assigned instead of trusted family
- The burden of care may fall unexpectedly on other family members
Secure a Better Future with Trusted Legal Guidance
Attorney Brian P. Buchert can help guide you through special needs planning with the care, strategy, and precision required by law – and we’re here to help you protect your legacy.
Call us today at (813) 440-3270 to schedule your free consultation and consult with Brian on a personal level. Take the first step toward peace of mind.
Attorney Brian P. Buchert – Compassionate Guidance for Florida Families
- Focused on long-term protection for vulnerable loved ones
- Experience with SSI, Medicaid, guardianship, and trust creation
- Located in Tampa, serving clients throughout the region
Let’s build a plan that protects their benefits, safeguards their future, and honors your role as caregiver for years to come.
Florida Special Needs Estate Planning: Frequently Asked Questions
With years of experience in Florida estate law, Attorney Buchert provides compassionate, strategic guidance to help you build a plan that protects your loved one’s benefits, secures their future, and honors your caregiving role all with affordable pricing and personal attention.
Ideally, a special needs trust should be created during your lifetime as part of your estate plan. It can also be set up in advance of receiving an inheritance, lawsuit settlement, or life insurance payout to prevent disruption to public benefits.
Any Florida resident with a disability or chronic medical condition that qualifies for government aid can benefit. It’s especially useful for families with children or dependents who require lifelong care or oversight.
A special needs trust (also known as a supplemental needs trust) allows a person with disabilities to receive financial support without losing eligibility for public assistance programs like SSI or Medicaid. It protects assets while ensuring long-term care needs are met.
In addition to a trust, other helpful tools include a Letter of Intent to guide future caregivers, guardianship for legal decision-making authority, and a Durable Power of Attorney to manage finances when appropriate.
Without proper planning, your loved one could lose SSI, Medicaid, or other critical aid if they receive assets directly. The court may appoint a guardian, and your family could face unexpected legal or financial burdens.