Special Needs Trust — Boca Raton, FL

Protect Your Loved One's Benefits While Providing for Their Future

Thinking about leaving an inheritance to a disabled loved one? Without careful planning, your good intentions could unintentionally disqualify them from receiving Medicaid or Supplemental Security Income (SSI) benefits. A Special Needs Trust is the solution. The Berman Law Group's special needs trust attorneys can prepare the documents to protect your loved one's benefits eligibility while ensuring their future is financially provided for.

How a Special Needs Trust Works

Owning a house, furniture, a car, or common personal effects does not affect someone's disability qualifications. However, leaving money directly in a will — without a special needs trust — could cause your loved one to lose their Medicaid and SSI benefits. Boca Raton trust attorneys can help you specify how assets are to be administered and choose a trustee to manage the trust.

Your loved one will not have direct at-will access to the money. As a result, Medicaid and SSI do not count the special needs trust when determining benefits eligibility. The trustee does not give money directly to the beneficiary — instead, the trustee spends the trust assets to provide services or purchase goods on the beneficiary's behalf.

Florida Legal Requirements for Special Needs Trusts

Florida has very specific language requirements for a Special Needs Trust — the language must comply with Florida trust law, and the trust must also be structured to meet specific United States Code requirements. Additional legal requirements apply when establishing a special needs trust in Florida. Your Boca Raton special needs attorney will assess your loved one's unique needs, determine whether your situation meets the requirements, and explain all associated attorney fees upfront.

Ongoing Trustee Support and Legal Updates

The Berman Law Group's attorneys can also guide your trustee on how to carefully avoid penalties in administering the special needs trust. Health care and social services rules change over time — your attorney can notify you or your trustee of any changes and clarify how they affect your trust's assets and distributions. Related practice areas include elder law, trust planning, and estate planning.

Office Locations

Get Directions to a Berman Law Group office using Google Maps.

Boca Raton Office: 3351 NW Boca Raton Blvd, Boca Raton, FL 33431. Phone: (561) 338-7594 • Fax: (561) 826-5201
Stuart Office: 789 South Federal Highway, Stuart, FL 34994. Phone: (772) 283-9200 • Fax: (772) 283-9229
Orlando Office: 37 North Orange Ave, Orlando, FL 32801. Phone: (407) 926-6610
Gainesville Office: 805 Northwest 13th Street, Gainesville, FL 32601. Phone: (352) 514-3791 • Fax: (561) 826-5201

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