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Recent Blog Posts
Why a Child With a Disability Needs a Special Needs Trust
Parents of a child with a disability face unique and lifelong planning challenges. Beyond day-to-day care and medical decisions, there is an ongoing concern that never truly goes away: What will happen to my child when I’m no longer here to help? For families whose children rely on Medicaid, Supplemental Security Income (SSI), or… Read More »
Planning for the Adult Disabled Child
Transitioning to Adulthood: SSI and Medicaid John, age 17, has autism and lives with his parents. His mother is his full-time caregiver, but due to his father’s high income, John is not eligible for Supplemental Security Income (SSI) as a minor. However, when John turns 18, only his own income and resources are considered… Read More »
Why Consider a Living Trust Even If You Have a Will?
The Limits of a Will A will only goes into effect after you die and must be verified by the Probate Court before it can be enforced. It does not avoid probate, and offers no protection if you become incapacitated. The court could take control of your assets before you die, leaving your family… Read More »
The Qualified Income Trust
The Problem Florida enforces an income cap for Medicaid eligibility when it comes to institutional care, such as long-term custodial nursing home care. This cap is set by Florida Statutes Section 409.904 and is typically three times the SSI limit. For example, in 2000, the income cap was $1,536 per month. However, the average… Read More »
Need Medicaid Help? Distance Is Not a Problem
When a loved one needs long-term care, time is often short, and the situation is stressful. Families may be facing an unexpected nursing home admission, an assisted living placement, or a sudden realization that private pay care is simply not affordable. In these moments, many people assume they must find a Medicaid planning attorney… Read More »
Estate Planning for Parents of Children with Special Needs
Third Party Special Needs Trusts A third party special needs trust is an essential part of estate planning for families with a child who has special needs. Loved ones can create this type of trust for a child or family member with special needs, funding it through their will, life insurance, or other estate… Read More »
Home Ownership for Individuals with Disabilities
Using a Special Needs Trust to Purchase a Home If a home is purchased in the name of a Special Needs Trust (SNT), the trust can buy a house for a beneficiary with disabilities without affecting their eligibility for public benefits. The home, owned by the SNT, is not considered a resource of the… Read More »
How Florida’s Medicaid Look-Back Rules Really Work
When a loved one begins needing long-term care, families in Florida often find themselves scrambling for reliable information. In that rush, one topic causes more confusion and more sleepless nights than any other: Medicaid’s five-year look-back rule. Rumors spread quickly, and misinformation spreads even faster. Before long, people start believing that one wrong move… Read More »
Suggested Questions to Ask the Doctor on Your Behalf or for Someone You Represent
Making informed health care decisions, whether for yourself or a loved one, requires asking the right questions and understanding the answers. The following guide will help you gather essential information from medical professionals, so you can confidently navigate treatment options and advocate for the best possible care. Questions to Ask About Medical Tests Why… Read More »
Commonly Asked Questions About Guardianship
Why is a guardianship necessary? Guardianships exist to safeguard individuals who are incapacitated, as well as their assets. Because of this protective role, most actions taken within a guardianship are closely monitored by the court. What is a guardian? A guardian is an individual appointed by the court to make decisions and act on… Read More »