Perez-Roura Law helps Miami families protect government benefits and enhance quality of life through special needs trusts—first-party and third-party—customized to individual needs and compliant with state and federal law.

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

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 need arises.

Third-Party Special Needs Trusts

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 Medicaid payback. These trusts offer families great flexibility to support long-term goals like 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 seamless transition of family wealth while maintaining eligibility for public benefits.

Trustee and Beneficiary Coordination

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.

Monitoring Compliance and Trust Updates

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 if 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 Choose Perez-Roura Law for Special Needs Trusts

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.

Special needs trusts are more than legal documents; they’re lifelines that let your loved one enjoy dignity, opportunity, and stability. Work with Perez-Roura Law to build a trust that safeguards benefits, supports dreams, and stands the test of time. Contact our Miami office to begin creating a future-focused special needs trust today.