Tampa Special Needs Planning Lawyers

If you are the parent or guardian of a loved one with special needs, you’ll want to ensure they’re cared for both now and after you’re gone. One of the best ways to do so is through special needs planning. Contact our dedicated Tampa special needs planning lawyers to help you create a comprehensive plan to ensure your loved one receives the care and resources they need.

Special Needs Planning Lawyers: Here for You and Your Family

Here at Tampa Law Group, we have extensive experience helping families create tailored plans for loved ones with special needs, and we stand ready to put that experience to work for you. Speak with our Tampa estate planning lawyers today so we can begin guiding you through each step of the process ahead.

Special Needs Trusts

Special needs trusts are crucial in ensuring that individuals with disabilities receive the support they need without jeopardizing their eligibility for government benefits, such as Medicaid or Supplemental Security Income (SSI). There are two primary types of special needs trusts: first-party and third-party.

• First-party special needs trusts are funded with the beneficiary’s assets, perhaps from an inheritance or legal settlement. These trusts are designed to maintain eligibility for public assistance benefits by providing supplemental resources that do not disqualify the beneficiary from such programs.
• Third-party special Needs Trusts are established by someone other than the beneficiary, typically a parent or relative, using the third party’s assets. This type of trust allows for the provision of supplemental resources to the beneficiary without affecting their eligibility for government benefits.

The primary benefit of a special needs trust is to ensure that your loved one has access to resources that enhance their quality of life while preserving their eligibility for vital government programs. At Tampa Law Group, our experienced special needs planning lawyers are adept at determining the best trust structure for your situation and tailoring it to meet your loved one’s unique needs.

Guardianships and Conservatorships for Special Needs Individuals

Guardianships and conservatorships play a pivotal role in special needs planning, providing a legal mechanism for protecting individuals who cannot fully care for themselves or manage their finances.

• Guardianship involves the appointment of a guardian to make personal and health care decisions for the individual with special needs. This role can encompass deciding where the individual lives, their medical care, and day-to-day welfare decisions.
• Conservatorship, on the other hand, focuses on financial decisions. A conservator manages the individual’s finances, including assets, income, and expenditures, ensuring that their financial needs are met and resources are used appropriately.

Letter of Intent

A letter of intent is a vital document in special needs planning, acting as a comprehensive guide for future caregivers. It outlines the personal preferences, care needs, and wishes of your loved one with special needs, providing invaluable insights to those who will support them in your absence.

This document should include details about daily routines, medical care preferences, social activities, and any other information crucial for maintaining the continuity and quality of care. The letter of intent is not legally binding but serves as an essential tool for guardians, trustees, and caregivers to fulfill their roles effectively.

Healthcare Directives and Powers of Attorney

Healthcare directives and powers of attorney are cornerstone documents in special needs planning, ensuring that individuals with special needs have their healthcare and financial affairs managed according to their best interests.

• Healthcare Directives, including Living Wills and Healthcare Surrogates, allow individuals to outline their preferences for medical treatment and appoint someone to make healthcare decisions on their behalf if they are unable to do so.
• Powers of Attorney enable a trusted individual to manage financial and legal matters, providing peace of mind that financial responsibilities are handled as per the individual’s wishes and best interests.

Contact Our Florida Special Needs Planning Lawyers

If you’re ready to create a well-rounded and tailored plan to secure your loved one’s future, please don’t hesitate to contact the special needs planning lawyers here at Tampa Law Group today. We are here to help you get the peace of mind you and your family deserve.