Special Needs Planning Lawyers in Sarasota

Reliable Attorneys in Sarasota for Your Family's Future—Serving Southwest Florida

If you have a child who is disabled or who has special needs, you may have questions about securing your child’s future when you are no longer there to care for them directly. Planning for the future can be stressful, but our knowledgeable special needs planning attorneys in Sarasota can help. For over 36 years, Advocates in Aging has provided clients with top-quality legal representation that puts you and your family’s best interests first. We can put this wealth of knowledge and experience to work for you.

Many families in Sarasota County and across Southwest Florida come to us unsure where to start or worried that they have already waited too long. We take the time to understand your child’s diagnosis, daily needs, and support network so that the plan we develop reflects their real life, not just abstract legal concepts. By coordinating your special needs planning with your broader estate, retirement, and long-term care goals, we can help you build a roadmap that feels realistic and manageable over time.

To learn more about establishing a trust for your child with special needs, contact Advocates in Aging at (941) 242-7270. We have same-day appointments available with our Sarasota special needs planning attorney.

Establishing a Secure Future with Special Needs Trusts

It is never too late to begin planning for the future. Whether your child is still a minor or you are reaching retirement age, now is a great time to start the necessary estate planning that will secure your child’s future. Creating a stable future in which all their needs are met is not as simple as leaving them your assets. Often, this money disqualifies them from eligibility for crucial Medicaid and Social Security benefits.

Through creative uses of ABLE ACCOUNTS as well as establishing a special needs trust, sometimes referred to as a supplemental needs trust, you can leave your money and assets to your child without disqualifying them from the essential public benefits they require. With a special needs trust, the money is not distributed directly to the individual and is instead distributed to a third party who then secures the specified services for the individual beneficiary.

When we design a trust, we look closely at whether a first-party (funded with the beneficiary’s own assets) or third-party (funded with parents’ or relatives’ assets) structure is more appropriate under Florida and federal benefit rules. A Sarasota special needs attorney from our firm will also talk with you about choosing the right trustee, successor trustees, and any care advocates who should be named to speak up for your child over time. We help you think through what should be paid from the trust, what should be covered by public benefits, and how to keep good records so that the trust remains compliant if it is ever reviewed.

For families in the Sarasota area, it is also important to coordinate any special needs trust with possible guardianship, health care surrogate, and durable power of attorney appointments. As your child becomes an adult, Florida’s legal system treats them differently, even if they remain unable to manage finances or medical decisions alone. By addressing these issues at the same time we establish the trust, we can create a cohesive plan that is easier for future caregivers to follow and for local courts to recognize if involvement by the probate division of the Twelfth Judicial Circuit becomes necessary.

Benefits of a Special Needs Trust Include:

• Medical and dental expenses not covered by Medicaid
• Expenses associated with special dietary needs
• Costs associated with attending religious services
• Education and supplemental tutoring
• Entertainment expenses, including materials for hobbies and recreation
• Products and services that improve the quality of life of the beneficiary
• Travel and vacation expenses
• Transportation and vehicle maintenance

How Special Needs Planning Affects Public Benefits in Florida

Families are often surprised to learn how sensitive Supplemental Security Income (SSI) and Medicaid can be to gifts, inheritances, or direct cash support. A well-intentioned decision, like adding a child’s name to a bank account or leaving them a share of a home outright, can cause a loss or reduction of benefits that are crucial for medical care and support services. Thoughtful special needs planning helps you avoid these unintended consequences while still sharing the resources you have worked hard to build.

As we review your situation, we look at the benefits your child currently receives and those they may qualify for in the future under Florida and federal programs. We then explain, in clear terms, how different planning choices—such as lifetime gifting, beneficiary designations, or funding a special needs trust at death—interact with the eligibility rules for those programs. This education-focused approach allows you to make decisions with a full understanding of how your plan will work in practice.

In Sarasota and the surrounding communities, many adults with disabilities rely on support coordinated through local agencies as well as state and federal programs. When you work with a special needs lawyer Sarasota families trust, you gain guidance that takes these regional realities into account instead of relying on generic forms. We help ensure that your plan is not only legally sound, but also realistic given the services that are typically available in our part of Florida.

Our Process for Special Needs Planning in Sarasota

Starting special needs planning can feel overwhelming, especially when you are already juggling medical appointments, therapies, and day-to-day caregiving. We follow a step-by-step process designed to reduce stress and give you clear milestones, so you always know what comes next. Each plan is tailored, but the path we walk together follows a structure that makes complex decisions easier to manage.

During our initial meeting, we gather detailed information about your family, your finances, your child’s current and anticipated needs, and any prior planning you may have done. We then outline options that may include wills, special needs trusts, powers of attorney, and health care surrogate designations, explaining the role of each document in plain language. After you have had time to ask questions and consider your choices, we prepare draft documents for your review and make adjustments based on your feedback before anything is signed.

Because we are a boutique elder law and estate planning firm based in Sarasota, we remain available after your plan is in place to help you update it as laws, benefits, or family circumstances change. Our ongoing relationship means you do not have to start from scratch when a child turns 18, when a parent retires, or when you move assets or change beneficiaries. We understand how local practices in the Sarasota County Clerk of Court and nearby counties affect implementation, and we incorporate that practical experience into every plan we create.

Frequently Asked Questions

When Should I Start Special Needs Planning for My Child?

There is no single right age to begin, but many families start once they receive a diagnosis that suggests their child may need lifelong support. Planning early allows you to build documents and structures that can grow and adapt as your child’s needs become clearer. Even if your child is already an adult, it is still worthwhile to put protections in place for benefits, housing, and caregiving. The key is to create a plan that can be updated over time, rather than waiting for a crisis.

Can Other Family Members Contribute to a Special Needs Trust?

Yes, in many situations relatives such as grandparents, aunts, uncles, or siblings can direct gifts or inheritances into a properly drafted third-party special needs trust. This approach allows them to support your child without creating benefit eligibility problems or adding management burdens to their own estates. Clear communication and coordinated planning help make sure everyone uses the same structure instead of leaving assets outright by accident. We often assist families in Sarasota with aligning multiple wills and beneficiary designations to work with a single trust.

What Happens to Remaining Trust Funds When My Child Passes Away?

The answer depends on the type of trust and how it is drafted. Some trusts, particularly those funded with the beneficiary’s own assets, may require repayment to Medicaid for certain benefits paid during the beneficiary’s lifetime. Others can direct any remaining funds to siblings, charities, or other individuals you choose. Part of the planning process involves discussing your goals for any remainder and structuring the trust to reflect those wishes within the boundaries of Florida and federal law.

Secure Your Child's Future: Special Needs Planning in Sarasota

If you are concerned about the long-term care and quality of life your child with special needs will have after you have passed away, you have options. Advocates in Aging is committed to helping clients protect their estates, and we can help you ensure that your children will be provided for. Our special needs planning lawyers in Sarasota treat every client with care and compassion, and we are here for you.

When you meet with us, we walk you through different planning scenarios so you can see how decisions about your will, beneficiary designations, retirement accounts, and life insurance all affect your child’s future support. We also address practical questions, such as how siblings or other relatives may be involved, what to tell potential guardians, and how often your plan should be updated as laws or your family’s circumstances change. By approaching special needs planning as an ongoing relationship rather than a one-time document, we help Sarasota families feel more confident that their loved ones will be supported for years to come.

Ready to Secure Your Child's Future? Get in Touch with Our Sarasota Team Today. Call (941) 242-7270 for a consultation with a dedicated special needs planning attorney.