Miami Special Needs Planning Attorney
As the parent or guardian of a child with special needs, you understand the profound joy they bring to your life – but also the constant worry about ensuring their long-term wellbeing and security. How will they receive the care and resources they require as adults? What happens when you're no longer able to be their caregiver?
These concerns can feel overwhelming, even paralyzing at times. But you don't have to shoulder that heavy burden alone. The special needs planning attorneys at Alexander Gil, PLLC, are here to be your family's advocates, helping construct a plan that safeguards your loved one's future, no matter what lies ahead.
What is Special Needs Planning?
When a family must plan for the future of a child or adult with a disability, it is important to consider the effect of an inheritance or legal settlement. Without proper planning, the benefits they have come to rely on may be jeopardized. However, there are ways for multiple family members to make gifts without disrupting needed benefits.
We are knowledgeable in Florida special needs planning and can help you develop a plan to maintain the required support for a loved one with a disability.
The legal strategies you should consider with special needs planning include:
Establishing a special needs trust
Appointing guardianship
Creating a letter of intent
Special Needs Trusts
A special needs trust is a unique instrument designed to protect the assets of a loved one who receives benefits due to a mental or physical disability or payments arising from an injury that needs to be specially distributed.
A special needs trust is designed to hold the assets of a person with a disability and distribute funds in a manner that allows that individual to still qualify for public benefits while providing additional support. The goal of a special needs trust is to ensure that assets are not countable resources of the person with a disability when determining the eligibility for government programs.
Letter of Intent
This letter is a detailed account of your child’s medical, educational, social, and behavioral requirements. It gives future caregivers or guardians a set of instructions when taking over the care of your child.
For families in Miami and across Florida, having the right special needs law firm as your legal partner is absolutely critical. Our attorneys help parents just like you prepare for the profound responsibility of a lifelong caregiver.
Preserving Eligibility for Public Benefits
For many individuals living with disabilities, government assistance programs like Medicaid provide indispensable medical coverage and financial support. However, these benefits are governed by strict income and asset limits that can easily be jeopardized if not planned properly.
This is where special needs trusts become such a powerful planning tool. When structured and administered correctly, these unique trusts allow you to set aside funds to enhance your loved one's quality of life without disqualifying them from the needs-based public benefits they depend on.
There are two main types of special needs trusts we often recommend:
First-Party Special Needs Trust – Established using the disabled beneficiary's own assets (inheritance, court settlement, etc.), this type requires a Medicaid payback provision.
Third-Party Special Needs Trust – Created and funded by someone other than the beneficiary (parents, grandparents, etc.), this avoids the Medicaid payback requirement.
Establishing a Third-Party Special Needs Trust
In many cases, a third-party special needs trust ends up being the ideal solution for families who want to provide for their loved one's future supplemental needs.
Perhaps you intend to leave behind an inheritance or gift substantial assets to your child with special needs once you're gone. Without proper planning, that money could disqualify them from SSI, Medicaid, housing assistance, and other vital programs.
By working with our special needs planning attorneys, you can establish a third-party trust now and designate a responsible trustee to oversee its future management. This proactive approach preserves your child's eligibility for public benefits, contributes to their quality of life, and provides you with invaluable peace of mind.
Comprehensive Special Needs Planning Services
Of course, constructing the right type of trust tailored to your family's needs is just one component of a comprehensive special needs plan.
At Alexander Gil, PLLC, we take an integrative approach that accounts for every contingency, including:
Crafting a custom estate plan that provides for your loved one's future through wills, various trust structures, advance directives, and more
Initiating guardianship proceedings to designate a personal guardian if the disabled individual is a minor or becomes incapacitated
Coordinating residential arrangements and long-term care solutions as your child transitions into adulthood
Advocating for your loved one's rights regarding special education, disability accommodations, and community services
Guiding you through government benefits applications (Medicaid, SSI, Veterans programs, etc.) and appeals processes
We'll be your family's legal counselors through each stage of your loved one's life, ensuring their quality of life, safety, and personal dignity always remain the top priorities.
Why Choose Our Miami Special Needs Law Firm?
What sets our firm apart is an uncompromising commitment to achieving positive outcomes for those we serve – one case at a time.
With years of experience advocating for the disabled community in Miami-Dade, Broward, and the wider South Florida region, you can take comfort in knowing that we are dedicated to supporting and empowering individuals with disabilities to lead fulfilling lives. Your family's case will never be just another file in the drawer.
For parents navigating the lifelong journey of caring for a loved one with special needs, our firm is here to be the legal team you can rely on through every transition and milestone—always putting your child's best interests first.
Local Resources for Families with Special Needs
Of course, developing a special needs plan involves far more than just sound legal guidance. We believe wholeheartedly in empowering our clients and connecting them with resources right here in our Miami community, such as:
UM-NSU CARD, which has the following mission statement: To provide support and assistance with the goal of optimizing the potential of people with autism and related disabilities.
Parent to Parent of Miami, which specializes in providing families of children and adults with disabilities or special needs with information, education, and emotional support
The Children's Trust, which aims to improve the lives of children with special needs so they can better access services and systems of care.
No family should have to walk this journey alone. By tapping into our firm's localized experience, you and your loved one can access the full range of legal, financial, and social support services you need to thrive.
Embark on The Path to an Empowered Future in Miami, FL
As the parent or guardian of a loved one with special needs, you understand the importance of proper planning to secure their lifelong well-being and care. But navigating government benefits, guardianship, trusts, and more on your own can quickly become overwhelming.
Let the Miami special needs attorneys at Alexander Gil, PLLC, lift that burden from your shoulders. Contact us today to schedule your commitment-free consultation. During this meeting, we'll take the time to understand your unique family situation, explain all your options in detail, and begin outlining a special needs plan tailored to your loved one's specific current and future requirements.
Don't leave something as precious as your child's future to chance. With years of experience advocating for those with special needs across Florida, our firm is the trusted partner you can rely on through every milestone.