Special Needs Trust Lawyer Florida

Protect Your Loved One’s Future Without Risking Their Benefits.

One wrong financial move can disqualify a person with disabilities from critical government care. We help Florida families create legally secure Special Needs Trusts that provide financial independence, protect SSI and Medicaid eligibility, and ensure long-term peace of mind.

If you’re caring for a loved one with special needs, you already know that one wrong financial move, no matter how well-intended, can endanger their ability to gain government benefits, care, and long-term security.

A simple inheritance. A gift from a family member. Even a life insurance payout.

Without proper planning, those assets could disqualify your loved one from important, even critical, government benefits such as SSI or Medicaid. Once those benefits are lost, they’re nearly impossible to restore.

That’s when creating a trust with a special needs trust lawyer in Florida is the move to make.

Here at Feinstein & Mendez, P.A., we are dedicated to helping families across Florida, especially here in Coral Gables, create legally valid special needs trusts. Our goal is simple: ensure your loved one has financial support, independence, and protection—without putting benefits at risk.

What is a Special Needs Trust?

A special needs trust is a legal tool that holds assets for the benefit of a person with disabilities without counting those assets as “their own” for preserving government benefits.
Preserves benefits: Keeps eligibility for SSI, Medicaid, and other programs intact.

Enhances quality of life: Pays for “extras” like education, therapies, adaptive equipment, transportation, vacations, or even a companion.

Protects assets: Shields funds from creditors, lawsuits, or mismanagement.

Supports family planning: Allows parents, grandparents, and other loved ones to contribute safely.

At Feinstein & Mendez, P.A., we don’t just draft documents and have you sign them—we create strategic, practical plans that work for your family today and in the future.

Special Needs Trusts We Provide

First-Party (Self-Settled) Trusts

This trust is used when your loved one already owns the money, such as a personal injury settlement, inheritance, or legal award.

Funded with the individual’s own assets (e.g., personal injury settlement, lawsuit award, or unexpected direct inheritance that belongs to the person with disabilities).
Ideal for protecting sudden or “windfall” assets that would otherwise disqualify the person from benefits.
Must be established before the beneficiary turns 65 (federal rule for most individual first-party trusts).
Requires Medicaid payback: Upon the beneficiary’s death, any remaining funds must first reimburse the state(s) for Medicaid costs paid during their lifetime (before anything goes to other heirs).
Often set up reactively (like after a settlement) by a parent, grandparent, guardian, court, or the competent individual themselves.

Third-Party Trusts

Funded with assets from parents, grandparents, or others—never the beneficiary’s own money.

Provides ongoing supplemental support without jeopardizing benefits.
No Medicaid payback requirement: Upon the beneficiary’s death, remaining assets can fully pass to other chosen heirs or beneficiaries (e.g., siblings or charities).
No age limit on the beneficiary.
More flexible overall—can be part of a will or living trust, and allows the creator to name remainder beneficiaries freely.

Our recommendation as special needs trusts lawyers: Choose a first-party trust if the money already belongs to the person with disabilities (but act before age 65). Choose a third-party trust for family-planned gifts or inheritances—it’s generally more powerful with no payback and greater control over leftovers.

The Risks of Skipping a Special Needs Trust

Government programs for people with disabilities are means-tested, meaning your loved one can’t exceed certain asset limits—typically $2,000 in countable assets for SSI.

Without a properly structured special needs trust:

Benefits could be lost immediately: A direct inheritance or gift, even a small one, could disqualify them from monthly SSI payments or Medicaid coverage.
Long-term penalties could apply: Transfers made incorrectly might be considered fraudulent, creating suspensions of benefits for years.
Family conflicts can arise: Assets left unprotected could be mismanaged or spark disputes among relatives.
Quality of life can suffer: Losing access to specialized care, therapies, or programs can impact independence and daily life.

A special needs trust, created by a lawyer, protects your loved one and ensures they continue to receive the care and benefits they need.

Our Process to Your Success

Initial Consultation:

We listen to your family’s story, review existing assets, and understand your loved one’s needs to start putting together a trust.

Custom Drafting

We prepare a trust that is fully compliant with Florida law and tailored to your goals.

Funding the Trust

We make sure assets are transferred correctly without affecting benefits whatsoever.

Trustee Selection & Guidance

Choose a trusted family member, friend, or professional to manage the trust.

Ongoing Support & Updates

Life changes, and we make sure your trust continues to meet your family’s needs.

Contact a Special Needs Trust Lawyer Today

Special needs planning is a huge step to protect your loved one’s future, independence, and quality of life. Mistakes can jeopardize benefits and create unnecessary stress for your loved one, something no one ever wants to cause.

With Feinstein & Mendez, P.A., you get personalized guidance, clarity, and total security knowing your trust will work as promised.

Don’t wait. Contact us today to schedule a consultation and take the first step in protecting your loved one and your family’s future.