Special Needs Attorney in Lee County

Trust Options for People with Disabilities in Florida

A supplemental needs trust, also called a special needs trust, is structured so its assets aren’t treated as a countable resource when eligibility for certain government benefits is determined. The appropriate structure depends largely on who owns the money being placed into the trust.

We assist Florida families with three principal trust structures:

• First-Party Trusts: These trusts hold assets belonging to the beneficiary, such as funds from a settlement or an inheritance. After the beneficiary’s death, remaining funds are subject to Medicaid payback requirements.
• Third-Party Trusts: These trusts are funded by parents, relatives, or another person rather than the beneficiary. They don’t carry the Medicaid payback requirement that applies to a first-party trust.
• Pooled Trusts: These trusts are managed by a nonprofit organization. They may be considered when the amount involved is modest or the family prefers professional trust management.

The distinctions affect more than the trust’s name. Funding source, control, remainder provisions, and benefit rules must be considered before assets are transferred. A special needs attorney in Lee County can help a family identify the structure that aligns with the proposed funding.

SSI, Medicaid & ABLE Accounts

Supplemental Security Income and Florida Medicaid generally apply a $2,000 countable-resource limit to an individual. Money held directly in the beneficiary’s name may affect eligibility, while assets in a properly structured trust generally aren’t counted in the same manner.

An ABLE account is a tax-advantaged savings tool for eligible people with disabilities and can be used alongside a trust. As of 2026, annual contributions of up to $20,000 can be made to an ABLE account. The two tools serve different purposes, so families should consider contribution limits, ownership, permitted distributions, and benefit rules when deciding how each fits into a broader plan.

Guardianship & Court Oversight in Lee County

Court involvement may be necessary when planning concerns property already held for a person under guardianship. A guardian of the property can create an irrevocable trust from a ward’s estate for estate planning purposes after receiving court approval.

The Probate Division of the Twentieth Judicial Circuit Court handles probate, guardianship, and certain mental health matters for Lee County. Probate and guardianship filings in the county are submitted electronically through the Florida Courts E-Filing Portal.

Court approval requirements are separate from the rules governing SSI eligibility, Medicaid eligibility, and trust administration. When a guardianship is involved, the guardian’s authority and the required judicial review should be evaluated before property is moved into a trust.