Special Needs
Special Needs Planning: Protecting Your Loved One's Future
Without the right plan, an inheritance or financial gift could unintentionally disqualify a loved one from the support they rely on.
Special Needs Planning focuses on creating legal and financial protections for individuals with disabilities — while preserving their eligibility for essential government benefits like Medicaid and SSI.
When is Special Needs Planning Needed?
- When a child with disabilities is approaching adulthood (age 18)
- When parents or caregivers want to leave an inheritance
- When applying for or maintaining Medicaid or SSI benefits
- When planning for lifelong care, housing, and financial security
Planning with Love for Those Who Need It Most
When you have a loved one with special needs, planning takes on a deeper meaning. It's not just about finances — it's about ensuring dignity, independence, and quality of life for years to come. At Horacio Sosa, P.A., we help families create personalized legal frameworks that protect benefits, preserve wealth, and provide lasting peace of mind.
Every family's situation is unique. We take the time to understand yours.
Types of Special Needs Trusts
Not all special needs trusts work the same way. An experienced attorney can help your family choose the structure that fits your loved one's situation.
First-Party (Self-Settled) SNT
Funded with the disabled person's own assets, such as an inheritance or lawsuit settlement. Must include a Medicaid payback provision. Available only for individuals under 65.
Third-Party SNT
Funded by family members or others. No Medicaid payback requirement applies. This is the most common planning tool for families who want to leave an inheritance without jeopardizing benefits.
Pooled Trusts
Managed by a nonprofit organization that pools assets for investment purposes while maintaining individual accounts for each beneficiary. Available for individuals over 65, unlike first-party trusts.
ABLE Accounts
Tax-advantaged savings accounts for individuals disabled before age 26. Up to $100,000 can be held without affecting SSI eligibility, making these a flexible supplement to a special needs trust.
Our Special Needs Planning Services
Comprehensive legal strategies tailored to your unique situation.
Special Needs Trusts
- Establish first-party or third-party special needs trusts
- Preserve government benefits eligibility while supplementing quality of life
- Provide for housing, recreation, therapy, and personal care
Government Benefits Preservation
- Coordinate trusts and inheritances carefully
- Prevent disqualification from essential programs
- Plan for housing, caregiving, and medical needs
Life Care Planning
- Develop a Letter of Intent to guide future caregivers
- Plan for education, employment, healthcare, and residential needs
- Provide peace of mind for the entire family
What Special Needs Planning Protects
A properly structured plan safeguards every aspect of your loved one's life.
Medicaid & SSI Benefits
Preserve eligibility for essential government programs
Housing & Care
Secure long-term living arrangements and care providers
Financial Security
Trust structures that supplement without disqualifying
Family Peace of Mind
Structured plans that give the whole family confidence
Schedule a Consult to Learn More
Why Choose Sosa Legal for Special Needs Planning?
Experience, credentials, and a personal approach that makes the difference.
20+ Years of Experience
Helping families plan, protect assets, and navigate legal challenges
Advanced Degrees in Tax & Estate Planning
Specialized training to handle even the most complex legal matters
Board-Certified Elder Law Attorney
Certified expertise in elder law by the Florida Bar
Bilingual & Culturally Aware
Serving English- and Spanish-speaking families in South Florida
Local, Personalized Service
Unlike large firms, we offer a hands-on, personal approach to every case
A Law Firm with a Heart
We take the time to listen, understand, and provide solutions tailored to your needs
A Plan That Grows with Your Family
Special needs planning isn't a one-time event — it evolves as your loved one's needs change. We help you build a flexible plan that adapts to new circumstances, from childhood through adulthood and beyond, so your family always has the support and protection they need.
Common Special Needs Planning Questions
If a person with disabilities receives an inheritance or large sum of money directly, it can disqualify them from Medicaid, SSI, and other essential government benefits. A properly structured Special Needs Trust allows them to receive the funds without jeopardizing their eligibility, ensuring they can still access the care and support they depend on.
Yes. Third-party Special Needs Trusts can receive contributions from grandparents, relatives, and family friends. These trusts are specifically designed to supplement — not replace — government benefits, and contributions do not count against the beneficiary’s eligibility.
The best time to start is as early as possible — ideally before your child turns 18. Planning ahead gives you more options for trust structures and benefit coordination. However, it’s never too late to put protections in place. Whether your loved one is a child or an adult, we can help you create a plan that secures their future.
Protect Your Loved One's Future Today
Schedule a free consultation to discuss special needs planning with our experienced attorneys.