Planning for the future of a loved one with disabilities can feel overwhelming, especially when their long-term care and financial stability depend on thoughtful decisions made today. For families across Central Florida, a special needs trust is one of the most effective ways to protect both their loved one’s quality of life and their eligibility for essential government benefits.

At The Law Office of John A. Russo, P.A., families receive guidance and support in creating carefully structured plans that provide lasting security and peace of mind.

What Is a Special Needs Trust?

A special needs trust (SNT) is a legal arrangement that allows you to set aside money or assets for a person with disabilities without affecting their eligibility for government assistance programs such as Supplemental Security Income (SSI) and Medicaid.

These benefits often have strict income and asset limits. If your loved one receives money directly—such as through an inheritance—it could disqualify them from receiving the support they rely on. A properly established special needs trust helps avoid this issue by holding and managing those assets on their behalf.

How Does a Special Needs Trust Work in Florida?

In Florida, a special needs trust is designed to supplement—not replace—government benefits. Here’s how it works:

• Assets are placed into the trust rather than given directly to the individual with special needs
• A trustee is appointed to manage and distribute funds according to the trust’s terms
• Funds are used for approved expenses that enhance the beneficiary’s quality of life

These expenses may include:

• Medical and dental care not covered by Medicaid
• Therapy and rehabilitation services
• Education and job training
• Transportation and travel
• Personal care attendants
• Recreational activities

Because the assets are owned by the trust—not the individual—they are not counted toward eligibility limits for government programs.

Types of Special Needs Trusts in Florida

There are several types of special needs trusts, each serving a different purpose:

Third-Party Special Needs Trust

This is the most common option for parents and family members. It is funded with assets belonging to someone other than the beneficiary, such as a parent or grandparent. These trusts do not require Medicaid repayment after the beneficiary passes away.

First-Party Special Needs Trust

This trust is funded with the beneficiary’s own assets, such as a personal injury settlement or inheritance. In Florida, these trusts must include a Medicaid payback provision.

Pooled Trust

Managed by a nonprofit organization, a pooled trust combines funds from multiple beneficiaries for investment purposes while maintaining separate accounts.

Choosing the right type of trust depends on your family’s circumstances, which is why working with a knowledgeable attorney is so important.

Key Benefits of a Special Needs Trust

A special needs trust offers several important advantages:

• Preserves eligibility for SSI and Medicaid
• Provides financial support for additional needs and comforts
• Ensures long-term care planning even after parents or caregivers are no longer able to provide support
• Offers control and structure through a trusted trustee

Families in Central Florida often turn to The Law Office of John A. Russo, P.A. to create trusts that reflect their unique goals and provide dependable protection for their loved ones.

Why You Should Not Rely on a Will Alone

Many families assume that leaving assets through a will is enough—but this can unintentionally cause serious problems. A direct inheritance can disqualify a person with disabilities from receiving benefits, creating financial and healthcare challenges.

A special needs trust ensures that your loved one receives financial support without risking access to critical programs.

Choosing the Right Trustee

The trustee plays a crucial role in managing the trust and ensuring funds are used appropriately. This can be a trusted family member, a professional trustee, or a combination of both.

At The Law Office of John A. Russo, P.A., clients receive guidance in selecting a trustee who will act responsibly and in the best interest of their loved one.

Start Planning Today for Peace of Mind

Creating a special needs trust is one of the most important steps you can take to protect your loved one’s future. With proper planning, you can ensure they continue to receive the care, support, and financial resources they need—no matter what the future holds.

Attorney John A. Russo works closely with families throughout Central Florida to develop personalized trust solutions that provide lasting security and confidence.

Schedule a Consultation

If you’re ready to take the next step in safeguarding your loved one’s future, contact The Law Office of John A. Russo, P.A. today.

Call 833-RUSSOFL to schedule your consultation and start planning with confidence.