Working with a Miami Special Needs Trust Attorney helps families protect a loved one with disabilities while preserving eligibility for important government benefits. At Perez-Roura, we create customized Florida special needs trusts designed to support long-term care, financial security, and peace of mind.

Special needs trusts allow families to support a loved one with a disability without jeopardizing eligibility for vital public benefits like Medicaid and SSI. At Perez-Roura Law, we guide clients in choosing between first-party (self-settled) and third-party trusts, drafting tailored provisions, and ensuring complete compliance with Florida and federal rules. Our goal is to provide a legal framework that enhances the beneficiary’s life, covering education, therapies, housing, recreation, and more, while maintaining access to essential services.

First-Party Special Needs Trusts in Florida

First-party special needs trusts are funded by the beneficiary’s own assets, such as personal injury awards, inheritances, or family gifts. These trusts are essential when the individual receives funds that would otherwise disqualify them from benefits. We ensure the trust complies with 42 U.S.C. §1396p(d)(4)(A), which requires a payback clause to Medicaid upon the beneficiary’s death. Our legal team helps select an appropriate trustee, draft distribution language consistent with the trust’s purpose, and file necessary court documents. These trusts secure the beneficiary’s financial future and can be initiated even after the need arises.

Third-Party Special Needs Trusts for Families

Third-party special needs trusts are created and funded by someone other than the beneficiary. Typically, parents, grandparents, or other loved ones. Because they’re funded with non-beneficiary assets, they don’t require repayment to Medicaid. These trusts offer families great flexibility in supporting long-term goals such as education, travel, adaptive equipment, or recreational therapy. We assist in selecting trustworthy trustees, establishing appropriate distribution terms, and integrating the trust with a comprehensive estate plan to ensure a seamless transition of family wealth while maintaining eligibility for public benefits.

Trustee Responsibilities in a Special Needs Trust

Effective trust administration begins with careful trustee selection and clear guidelines. We advise families on choosing individuals or professional trustees who understand both legal obligations and the beneficiary’s needs. Our drafting includes durable trustee powers, distribution standards, and successor trustee planning. We also coordinate with financial advisers, caregivers, and health providers to ensure distributions enhance—and never interfere with—the beneficiary’s standard of care. By bringing together all key stakeholders, we help families foster trust, accountability, and effective support over time.

Keeping Your Special Needs Trust Up to Date

Laws governing public benefits and trust administration evolve—and so do beneficiaries’ needs. At Perez-Roura Law, we periodically review special needs trusts to ensure ongoing compliance with Medicaid and SSI rules. We help with amendments when laws change, when circumstances shift, or when additional funding sources are added. Whether updating distribution provisions, adding successor trustees, or adjusting investment strategies, we keep the trust functional, compliant, and aligned with your family’s vision.

Why Work with a Miami Special Needs Trust Attorney

Creating and managing a special needs trust is deeply personal and legally complex—rejecting a one-size-fits-all approach. Our Miami-based firm offers compassionate, knowledgeable support: legal drafting, trust setup, trustee coaching, and long-term oversight. Led by Pedro Armando Perez-Roura, our team combines technical proficiency with empathetic guidance. We treat every family as unique—carefully listening, understanding preferences, and building personalized solutions. With Perez-Roura Law, your loved one’s future is legally protected and purposefully supported.

Frequently Asked Questions

Can a Special Needs Trust protect Medicaid eligibility?

Yes. When properly drafted, a special needs trust can preserve eligibility for Medicaid and Supplemental Security Income (SSI) while allowing the beneficiary to use assets for expenses that improve the beneficiary’s quality of life.

Who should serve as trustee of a special needs trust?

A trustee should be someone capable of managing finances responsibly, in accordance with the trust’s terms, and protecting the beneficiary’s eligibility for government benefits.

When should a family create a special needs trust?

The best time is before assets are transferred to the beneficiary. Planning early gives families greater flexibility and helps avoid unintended consequences that could affect their access to public benefits.

Choosing the right Miami Special Needs Trust Attorney can help protect your loved one’s quality of life while preserving access to essential government benefits. At Perez-Roura Law, we create customized Florida special needs trusts that support your family’s long-term goals and provide lasting peace of mind. Contact our Miami office to discuss the right planning strategy for your situation.