Is Your Special Needs Plan Outdated? A Florida Family’s Checklist for Today’s Laws
- Randy Narkir, Esq.
- 3 days ago
- 5 min read
Special needs planning is not static. Laws change, benefits programs evolve, and a plan that was carefully crafted even five years ago may no longer provide the protections it once did. In Florida, where Medicaid waiver programs, guardianship law, and estate planning statutes frequently shift, families must view planning as an ongoing process rather than a one-time event.
To help families evaluate whether their plan remains current, we’ve prepared a detailed Special Needs Family Checklist. Each item reflects key areas where changes in law or policy commonly create risk if left unaddressed.
1. Medicaid and SSI Planning
Why it matters:
Supplemental Security Income (SSI) and Medicaid remain foundational benefits for many individuals with disabilities. Eligibility is tightly regulated, with strict income and asset limits. As of 2025, SSI permits only $2,000 in countable resources for an individual. A single oversight such as a bank account in the beneficiary’s name or an improperly drafted trust can result in suspension or loss of benefits.
Current considerations:
The Social Security Administration has refined its rules around in-kind support and maintenance, directly impacting how trust distributions are treated.
Florida Medicaid continues to align eligibility with federal guidelines but has ongoing reviews that can disqualify recipients if documentation is outdated.
Families must review how assets are titled and confirm that their Special Needs Trust (SNT) complies with both federal and Florida-specific requirements.
2. Medicaid Waiver Eligibility
Why it matters:
Florida’s Agency for Persons with Disabilities (APD) administers the iBudget waiver, a critical program providing services such as in-home support, therapies, and residential care. Due to demand, waitlists are long, and maintaining eligibility is essential.
Current considerations:
Families must verify that their child remains properly listed on the APD waiver registry.
Documentation, medical updates, and ongoing eligibility reviews should be tracked annually.
Any lapse in compliance risks removal from the waiver or delay in receiving services.
3. Guardianship and Decision-Making Authority
Why it matters:
At age 18, Florida law recognizes all individuals as adults, regardless of disability. Without legal authority in place, parents lose the ability to make decisions regarding healthcare, education, and financial matters.
Current considerations:
Guardianship documents drafted more than a decade ago may not meet current statutory requirements or best practices under Florida law.
Alternatives to full guardianship, such as limited guardianship or supported decision-making, should be evaluated in light of recent state initiatives.
Regular review ensures that guardianship orders remain valid, enforceable, and aligned with the individual’s evolving needs.
4. ABLE Accounts
Why it matters:
ABLE accounts (Achieving a Better Life Experience) allow individuals with qualifying disabilities to save without jeopardizing SSI or Medicaid eligibility. As of 2025, the annual contribution limit is $18,000.
Current considerations:
Families should confirm whether an ABLE account has been established and whether contributions are being maximized.
The SECURE 2.0 Act expanded certain ABLE provisions, including increased age of disability onset eligibility, which impacts planning for many families.
Coordination between ABLE accounts and SNTs should be reviewed to ensure distributions are optimized.
5. Special Needs Trusts and Changes in Law
Why it matters:
The Special Needs Trust remains the central planning tool for preserving benefits and ensuring long-term support. However, trust provisions that were compliant years ago may now conflict with updated statutes or federal law.
Current considerations:
The SECURE Act and SECURE 2.0 have changed the rules governing inherited retirement accounts, directly affecting trusts designated as beneficiaries.
Florida trust code amendments, including requirements for trustees and reporting obligations, may impact administration.
Outdated language can inadvertently disqualify a trust from being recognized as a valid SNT.
6. Education and Transition Planning
Why it matters:
Transition planning begins well before a child exits the school system. The Individualized Education Plan (IEP) should align with the family’s legal and financial strategy.
Current considerations:
Transition plans should address vocational training, independent living, and guardianship or decision-making support.
Legal planning trusts, ABLE accounts, and guardianship should be integrated with educational objectives.
Families should review whether current legal structures actively support, rather than hinder, post-secondary and vocational goals.
Annual Family Review
The most effective way to avoid costly gaps is to treat this checklist as part of an annual review process. Just as families revisit financial plans or insurance coverage each year, special needs planning requires periodic evaluation. A practical approach is to schedule this review on the child’s birthday or at tax season when other records are already being updated.
Key questions during the review:
Do our current documents comply with today’s federal and Florida-specific laws?
Have there been updates in Medicaid, SSI, or waiver rules that affect eligibility?
Are guardianship arrangements still valid and sufficient?
Are we maximizing tools like ABLE accounts within annual limits?
Florida Special Needs Family Checklist
Use this checklist as a yearly review tool to keep your family’s plan aligned with current laws:
Medicaid & SSI Planning
☐ Reviewed SSI asset/resource limits ($2,000 individual cap)
☐ Confirmed Special Needs Trust complies with current SSA and Florida rules
☐ Checked that in-kind support or distributions won’t jeopardize benefits
Medicaid Waiver (iBudget)
☐ Verified your child remains on the APD waiver registry
☐ Submitted updated medical and eligibility documentation
☐ Confirmed compliance with APD and AHCA requirements
Guardianship & Decision-Making
☐ Reviewed guardianship documents for compliance with Chapter 744, Florida Statutes
☐ Considered alternatives (limited guardianship, supported decision-making)
☐ Confirmed court reporting and annual filings are current
ABLE Accounts
☐ Confirmed an ABLE account is established (if eligible)
☐ Maximized contributions ($18,000 annual limit for 2025)
☐ Coordinated ABLE distributions with Special Needs Trust planning
Special Needs Trusts
☐ Reviewed trust language against current Florida Trust Code (Chapter 736)
☐ Updated provisions to comply with SECURE Act & SECURE 2.0 retirement rules
☐ Verified trustee compliance with reporting and fiduciary obligations
Education & Transition Planning
☐ Reviewed IEP transition goals with legal/financial planning in mind
☐ Ensured vocational training or independent living plans align with guardianship and trust provisions
☐ Updated planning documents to support post-secondary or vocational goals
Why Staying Current Is Essential
Failure to update even one component of a special needs plan can lead to significant consequences:
Loss of SSI or Medicaid benefits due to improperly titled assets.
Invalidation of a trust under revised statutes.
Court challenges to guardianship authority.
Missed opportunities for funding or support programs.
Conversely, families who implement structured annual reviews and work with experienced counsel consistently avoid these crises.
Final Thought
Special needs planning in Florida is an evolving landscape. Federal tax law, Florida trust statutes, guardianship procedures, and benefit eligibility rules are all subject to change. A plan that was perfectly valid when signed may no longer serve its purpose.
For families, the solution is twofold: maintain awareness of legal developments, and schedule regular professional reviews of the plan.
At Legacy Solutions Law Firm, our focus is on helping Florida families build resilient, up-to-date plans that evolve alongside the law and the individual’s needs.
Schedule a consultation today to conduct a comprehensive review of your family’s plan and ensure that it remains current, compliant, and capable of protecting your loved one for the years ahead.
References
Social Security Administration (SSA) - Supplemental Security Income (SSI) Resource Limits. SSA.gov
Florida Statutes § 393.0662 - Developmental Disabilities Individual Budgeting (iBudget) Waiver. Flsenate.gov
Florida Statutes Chapter 744 - Guardianship Law. Leg.state.fl.us
Florida Statutes § 1009.986 - Florida ABLE Program. Leg.state.fl.us
Florida Statutes Chapter 736 - Florida Trust Code. Leg.state.fl.us
Individuals with Disabilities Education Act (IDEA) - Transition Planning Requirements, 20 U.S.C. § 1414(d). GovInfo.gov
