Special Needs Estate Planning | Hollywood, FL and Broward County
Build a Future Where Your Child is Protected, Empowered, and Never Alone.
Your Child Deserves a Future That’s Safe, Secure, and Filled with Possibility Even When You’re Not There
When you have a child or loved one with special needs, planning for their future is not just important. It is essential.
A single inheritance, a missed deadline, or an improperly titled asset can eliminate the government benefits your child depends on every single day. Legacy Solutions Law Firm helps Florida families statewide, from the Keys to Jacksonville, Tampa to Tallahassee, create Special Needs Estate Plans that protect SSI and Medicaid eligibility, secure long-term financial support, and ensure your loved one is always surrounded by people who understand their needs.
This is a boutique practice. Every client works directly with an experienced attorney, whether that's Randy Narkir, with over 12 years in estate planning, or another skilled member of our legal team. Not a paralegal. Not a form. An attorney who knows your family by name.
Book a Solutions Meeting
No pressure. Just a real conversation about where you are and where you want to be.
In a situation that needs immediate attention? Call us directly. (754) 292-0912
2025 and 2026 Florida Law Updates: What Families Need to Know Right Now
Several significant changes to Florida and federal law have recently taken effect that directly affect special needs planning. If your plan has not been reviewed since 2024, these updates may affect your loved one's benefits, your trust's distribution rules, or your legal options.
ABLE Account Age Eligibility Expanded | Effective January 1, 2026
As of January 1, 2026, individuals whose disability began before age 46 -- up from age 26 -- may now qualify for an ABLE account under the ABLE Age Adjustment Act. An estimated six million more Americans are newly eligible. If your loved one was previously ineligible due to age of onset, call us to review their options. (Source: ABLE National Resource Center, 2026.)
ABLE Annual Contribution Limit Increased to $20,000 | 2026
The 2026 annual ABLE contribution limit is $20,000 per year. Funds up to $100,000 do not count against the SSI $2,000 asset limit. (Source: SSA, 2026.)
SSI Food Rule Changed | Effective September 30, 2024
As of September 30, 2024, the Social Security Administration no longer counts food paid by a special needs trust as in-kind support and maintenance. Trustees may now pay for groceries and meals without reducing the monthly SSI payment. Housing costs, including rent, mortgage, and utilities, still count and can reduce SSI by up to one-third of the Federal Benefit Rate. (Source: SSA Program Operations Manual System, 2024.)
Florida iBudget Waiver Restructure: Florida Community Cares | October 2025
Florida HB 1103 (signed June 2025) expanded a statewide managed-care alternative called Florida Community Cares (ICMC) to the more than 21,000 families on the iBudget waitlist. The program became statewide in October 2025. Families must affirmatively choose to enroll -- automatic enrollment is prohibited. If your family received a letter from AHCA or APD about this program, call us before making any enrollment decision. This choice can affect your loved one's benefit structure and your trust's distribution strategy.
Supported Decision-Making Framework Expanded | Effective July 1, 2024
Florida courts must now consider supported decision-making as a less restrictive alternative before appointing a guardian. (Florida Chapter 393.12, expanded by HB 73/SB 446, effective July 1, 2024.) This directly affects families planning for a child approaching age 18.
Florida Families Who Are Planning Ahead for Someone They Love
You do not need to have everything figured out to start. You just need to care deeply about someone who depends on you.
Our clients are parents of children with autism spectrum disorder, Down syndrome, cerebral palsy, intellectual disabilities, traumatic brain injuries, spina bifida, and other conditions that require long-term care and financial support.
They are also parents of loved ones living with mental illness, including schizophrenia, bipolar disorder, major depressive disorder, borderline personality disorder, and schizoaffective disorder, where proper legal planning protects both the individual and the family's legacy.
Clients are also grandparents who want to leave something meaningful behind without disrupting vital government benefits like SSI and Medicaid. They are siblings and adult children who have stepped into the caregiver role and need a legal structure that protects everyone, now and long after they are gone.
This is for you if:
You have a child, grandchild, or sibling with a physical or intellectual disability or mental illness.
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Your loved one receives or may qualify for SSI, Medicaid, or Medicaid waiver programs.
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You are worried about what happens to your loved one after you are gone.
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A relative has left or plans to leave money to a family member with special needs.
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Your child is approaching age 18 and you have not yet addressed guardianship or supported decision-making.
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You have a will or trust that does not include special needs provisions.
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Key Planning Tools for Special Needs Protection
Several significant changes to Florida and federal law have recently taken effect that directly affect special needs planning. If your plan has not been reviewed since 2024, these updates may affect your loved one's benefits, your trust's distribution rules, or your legal options.
Planning Tool | Best For | Medicaid Payback | Contribution Limit |
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ABLE Account (Florida ABLE United) | Day-to-day supplemental expenses alongside a trust. | No payback required | $20,000 per year (2026); up to $100,000 SSI-exempt |
Pooled Special Needs Trust | Smaller asset amounts or no suitable individual trustee. | Payback may apply; review nonprofit terms | No limit; review nonprofit terms |
First-Party Special Needs Trust | Protecting the beneficiary's own assets from a settlement or direct inheritance. | Medicaid payback required at death | No limit; must be established before age 65 |
Third-Party Special Needs Trust | Proactive family planning. Parents and grandparents funding for a loved one. | No payback required | No limit on assets held |
01. Third-Party Special Needs Trusts
Funded by family members -- parents, grandparents, siblings -- not by the person with disabilities. No Medicaid payback requirement. Remaining funds pass to beneficiaries you name. This is the most commonly used proactive estate planning tool for Florida families with a loved one who has a disability. Holds unlimited assets without affecting government benefits.
02. First-Party Special Needs Trusts
Funded with assets that belong directly to the person with disabilities, such as a personal injury settlement or a direct inheritance. Preserves SSI and Medicaid eligibility. Florida law requires a Medicaid payback provision upon the beneficiary's death. (42 U.S.C. Section 1396p.) Must be established before age 65 and typically requires court approval in Florida under Chapter 736.
03. Pooled Special Needs Trusts
Managed by a nonprofit that pools the funds of many beneficiaries for investment while keeping each person's account separate for spending. A practical option when there is no suitable individual trustee or for smaller asset amounts. Review the nonprofit's terms carefully, specifically what happens to remaining funds at the beneficiary's death. We evaluate whether a pooled trust or an individually managed trust better serves your situation.
04. ABLE Accounts -- Florida ABLE United
Tax-advantaged savings accounts for individuals whose disability began before age 46, as of January 1, 2026. Annual contribution limit: $20,000 (2026). Funds up to $100,000 do not count against the SSI $2,000 asset limit. Works best alongside a special needs trust as a day-to-day supplement. Cannot hold large inheritances or replace the legal protections of a trust. Managed by the Florida Prepaid College Board through Florida ABLE United. (Source: ABLE National Resource Center, 2026.)
Real Situations Florida Families Have Faced
These are not hypothetical examples. They are the situations families call us about regularly. Each one was preventable with the right plan in place.
Scenario 1: The Grandparent Who Did Not Know About the Trust
Maria and David had a 14-year-old son with autism who received SSI and was enrolled in a Florida Medicaid waiver program. When David's mother passed away, she left $85,000 directly to their son in her will -- not realizing this would cause a problem.
The money immediately disqualified him from SSI and threatened his Medicaid waiver. The family had to spend down the funds rapidly just to restore his benefits, losing the financial security the grandmother had spent years building.
Had the grandmother's estate plan included a third-party special needs trust, every dollar would have been protected. His benefits would have continued uninterrupted.
Names changed for privacy. Reflects a common situation we see regularly across Florida.
Florida Statute 736 | Florida Trust Code
Governs the creation, administration, and termination of trusts in Florida. Special needs trusts must comply with Chapter 736 to be enforceable and properly administered, including distribution standards, trustee powers, and beneficiary rights.
42 U.S.C. Section 1396p | Medicaid Payback Rules
Federal law requires first-party special needs trusts to include a Medicaid payback provision. Upon the beneficiary's death, Medicaid is reimbursed from remaining trust funds. Third-party trusts funded by family members are exempt from this requirement.
Florida Statute 744 | Guardianship
Chapter 744 governs guardianship proceedings in Florida. Courts require a petition, an examining committee evaluation, an incapacity hearing, and annual reporting once guardianship is established.
Florida Chapter 393.12 | HB 73/SB 446, effective July 1, 2024 | Supported Decision-Making
Florida courts must now consider supported decision-making agreements as a less restrictive alternative before appointing a guardian. This law directly affects families planning for a child approaching age 18.
SSA 2026 | SSI Asset Limits and Federal Benefit Rate
SSI limits countable assets to $2,000 for an individual (unchanged since 1989, as of 2026). The SSI Federal Benefit Rate is $994 per month as of 2026. A properly structured special needs trust is not counted as a resource. (Source: SSA, 2026.)
AHCA | HB 1103, signed June 2025 | Florida Medicaid and Florida Community Cares (ICMC)
AHCA administers Florida Medicaid waiver programs including the iBudget program and the new Florida Community Cares ICMC program, statewide as of October 2025. Eligibility depends on asset and income limits that a properly drafted trust protects.
ABLE Age Adjustment Act | Effective January 1, 2026 | Florida ABLE United Program
As of January 1, 2026, ABLE accounts are available to individuals whose disability began before age 46. Annual contribution limit: $20,000 (2026). Managed by the Florida Prepaid College Board. (Source: ABLE National Resource Center, 2026.)
Why Florida Families Choose Legacy Solutions Law Firm
We are not a general practice firm that handles special needs cases occasionally. This is what we do every day, for families across Florida.
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Florida-specific legal expertise: Florida trust law, Medicaid rules, iBudget and Florida Community Cares waiver programs, and AHCA regulations. Your plan is built for Florida.
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Full-picture planning: Trust drafting, benefits coordination, guardianship, supported decision-making, trustee selection, and long-term care planning together, not in isolation.
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Ongoing relationship: We stay available for plan updates, trustee guidance, benefit reviews, and annual check-ins as your family's situation evolves and Florida law changes.
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Practicality: Real plans for real families that you understand that make sense.
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Direct attorney access: In a boutique practice, you are never handed off. Randy works with every client personally from first meeting through document signing and beyon
Meet Our Atterny
Randy Narkir
Founder and Managing Partner
Randy Narkir has practiced Florida estate planning and special needs law for 12-plus+ years. He is based in Hollywood, Florida and serves families across Broward County and statewide. Every client works directly with Randy, not a paralegal, not a rotating associate.
When you call (754) 292-0912, you reach a team that knows your file.
Community Connections
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President, Aventura Isles
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Board Member, Jewish Community Services
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ProVisors, Hollywood 1 Group Leader
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BNI, Former President BNI Revival
Start With a Solutions Meeting
You do not need to have everything figured out before you reach out. You just need to start. We will help you understand exactly where you stand, what your options are, and what the right next step looks like for your family.
A Solutions Meeting is a real conversation. We listen first. We explain your options clearly. We tell you what we think you need and why. And if we are not the right fit, we will tell you that too.
Book Your Discovery Call
Special Needs Trust FAQs
A special needs trust is a legal arrangement that holds money or assets for a person with a disability without disqualifying them from SSI or Medicaid benefits in Florida. The trust is managed by a trustee who pays for approved expenses that supplement, rather than replace, the benefits the person already receives. Because the assets are legally owned by the trust and not the individual, they are generally not counted against SSI and Medicaid resource limits. Florida recognizes both first-party and third-party special needs trusts, each with different rules about how they are funded and what happens to remaining assets when the beneficiary passes away.
A first-party special needs trust is funded with the disabled person's own money, while a third-party special needs trust is funded with someone else's assets, such as a parent's or grandparent's. In Florida, first-party trusts are typically created when a person with a disability receives an inheritance, personal injury settlement, or retroactive government benefits in their own name. First-party trusts require a Medicaid payback provision, meaning the state may seek reimbursement from remaining trust funds after the beneficiary's death. Third-party trusts, commonly set up by parents in Broward County as part of their estate plan, do not require Medicaid reimbursement and offer greater flexibility.
A properly drafted special needs trust will not cause your child to lose SSI or Medicaid eligibility in Florida. SSI and Medicaid have strict limits on how much money or property a person can own, and a direct inheritance or gift can quickly disqualify a recipient. When assets are placed in a compliant special needs trust, those funds are not counted as the child's personal resources under federal benefit rules. However, the trustee must follow distribution guidelines carefully so that payments do not count as income that reduces or eliminates benefits.
A special needs trust in Florida can generally pay for supplemental expenses such as therapy, education, transportation, personal care items, technology, and recreational activities. The trust is intended to enhance the beneficiary's quality of life beyond what government programs like SSI and Medicaid already cover. As of September 30, 2024, the SSA no longer counts food paid by a special needs trust as income that affects SSI benefits, giving trustees significantly more flexibility for grocery and meal expenses. Payments for shelter costs such as rent, mortgage, or utilities are still considered in-kind support and maintenance under SSA rules and can reduce the SSI benefit amount, even if they do not end eligibility entirely. Families in Hollywood and across Broward County should work with a qualified trustee who understands these distinctions.
If your child or loved one receives or may in the future receive SSI or Medicaid, working with a special needs trust attorney in Hollywood, Florida is far safer than using an online form. Generic online documents rarely account for Florida statutes, Medicaid program rules, or local court practices in Broward County. A single drafting error can invalidate the trust's benefit-protecting structure and cause an immediate loss of coverage. An experienced attorney can tailor the document to your family's specific circumstances and ensure it complies with both federal and Florida law.
For families with a child with a disability in Florida, a special needs trust is often the most important part of the entire estate plan. Parents typically create a third-party special needs trust inside their will or revocable living trust so that any inheritance passes directly into the trust rather than to the child outright. Life insurance policies and retirement accounts can also name the trust as beneficiary to ensure those funds are protected. This structure allows parents throughout Broward County to provide lasting financial support for their child without ever putting SSI or Medicaid at risk.
Yes, a first-party special needs trust in Florida can be used to protect a personal injury settlement for a person with a disability. Without a trust in place, a settlement paid directly to the individual can immediately disqualify them from SSI and Medicaid due to the asset limits those programs impose. By placing settlement funds into a compliant trust, the money can continue to be used for the person's benefit while government benefits remain intact. This strategy is especially important for individuals in South Florida who depend on Medicaid-funded therapies, home care, or other ongoing services.
An ABLE account is a tax-advantaged savings account available to certain people with disabilities, while a special needs trust is a more flexible legal arrangement with fewer restrictions on contribution amounts and use. In Florida, ABLE accounts have annual contribution limits and a total balance cap beyond which SSI may be affected, and they are only available for individuals whose disability began before age 46. Special needs trusts do not carry those same contribution caps and can receive large amounts such as an inheritance or settlement without a strict age requirement. Many families in Broward County choose to use both tools together as complementary parts of a comprehensive disability planning strategy.
Many families in Florida choose to set up a special needs trust even before their child has applied for or is receiving SSI or Medicaid. Creating the trust early means that future inheritances, life insurance proceeds, and gifts can be directed into the trust from the start, preventing those assets from ever being titled in the child's name. This can make it significantly easier to qualify for benefits later when the child reaches adulthood or when medical needs become more complex. Planning ahead gives families in Hollywood and throughout Broward County more options and less stress in the future.
Choosing the right trustee is one of the most important decisions when establishing a special needs trust in Florida. A trustee can be a family member, a trusted friend, a professional fiduciary, or a nonprofit trustee organization, and the best choice depends on the size of the trust and the complexity of the beneficiary's needs. The trustee must be organized, financially responsible, and knowledgeable about SSI and Medicaid distribution rules to avoid accidentally reducing the beneficiary's benefits. Some families in South Florida appoint a professional co-trustee alongside a family member to combine legal expertise with personal knowledge of the beneficiary.
What happens to remaining trust funds depends entirely on which type of trust was set up. With a third-party special needs trust, meaning one funded with a parent's or grandparent's money, there is no Medicaid payback requirement when the beneficiary passes away. Any remaining funds go to whoever the trust document names as remainder beneficiaries, such as siblings or other family members. With a first-party special needs trust, meaning one funded with the beneficiary's own money such as a settlement or inheritance, Florida Medicaid may seek reimbursement from whatever remains in the trust for benefits paid during the person's lifetime. This is one of the most important distinctions between the two trust types, and it is a core reason why families work with an experienced attorney to structure the trust correctly from the start. Coordinating trust funds with an ABLE United account in Florida can also help reduce Medicaid exposure at death for first-party trust beneficiaries.
A pooled special needs trust is managed by a nonprofit organization that combines the funds of many beneficiaries into a single investment pool while keeping each person's account separate. This structure allows for professional management at a lower cost than a traditional individually managed trust, making it a practical option for families who may not have large assets to protect or who want an alternative to naming a family member as trustee. In Florida, there are several established pooled trust programs available, including those affiliated with disability service organizations. One important consideration is what happens to remaining funds when the beneficiary passes away. Depending on the program, some portion of remaining funds may be retained by the nonprofit rather than passing to heirs. Families should review those terms carefully before enrolling, and an attorney who understands both pooled and individual trust structures can help you decide which approach fits your family's goals.
This is one of the most common and important questions families ask, especially since the rules changed significantly in 2024. As of September 2024, the SSA removed food from the category of in-kind support and maintenance, meaning a special needs trust can now pay for groceries and meals without reducing a beneficiary's SSI check. However, housing is a different story. Payments for rent, mortgage, utilities, and similar shelter costs are still counted as in-kind support and maintenance under SSA rules, which can reduce the monthly SSI benefit by up to one-third. This does not mean the trust cannot pay for those items, but the trustee needs to understand the trade-off and plan distributions carefully. Some families strategically allow the trust to cover non-housing supplemental expenses while the beneficiary uses SSI for shelter costs, preserving the full benefit amount. Working with a knowledgeable trustee and attorney is essential for navigating these rules correctly.
A special needs trust and a guardianship serve very different purposes, and understanding the relationship between the two is important for families planning long-term care. Guardianship is a legal arrangement where a court grants an individual or organization authority to make personal and sometimes financial decisions for a person who has been determined to lack the capacity to make those decisions independently. A special needs trust, by contrast, is a financial planning tool that holds and manages assets for the beneficiary's benefit without requiring any court involvement in day-to-day decisions. Many families in South Florida use both together: the guardian handles healthcare, living situation, and personal decisions, while the trustee manages the trust assets according to the trust document. It is also worth knowing that Florida has expanded its supported decision-making framework in recent years, which allows individuals with disabilities to get assistance making their own decisions rather than having a guardian appointed. Discussing both options with an attorney who handles both special needs trusts and guardianship matters ensures your family has a plan that fits the actual level of support your loved one needs.
Serving Special Needs Families Across Florida
Legacy Solutions Law Firm serves families throughout all 67 Florida counties. Whether you are in a major metropolitan area or a smaller community, we are here for you.
Hollywood, FL (Our Home Base)
Our office is located at 4000 Hollywood Boulevard, Suite 485-S, Hollywood, FL 33021. We serve Hollywood families directly and are deeply rooted in the local Broward County disability services and special needs planning community.
Miami-Dade County
Serving families in Miami, Coral Gables, Bal Harbor, Surfside, Homestead, Miami Beach, and surrounding communities navigating Florida Medicaid and SSI planning.
Broward County
Helping Fort Lauderdale, Hollywood, Pembroke Pines, Miramar, and Coral Springs families protect loved ones with disabilities and structure benefit-safe estate plans.
Palm Beach County
Working with families in West Palm Beach, Boca Raton, Delray Beach, Boynton Beach, and Jupiter to address special needs trusts, guardianship, and long-term care planning.
Orlando / Orange County
Serving Orlando, Winter Park, Kissimmee, Sanford, and the greater Central Florida region with comprehensive special needs estate planning tailored to Florida law.
Tampa Bay Area
Assisting families in Tampa, St. Petersburg, Clearwater, Brandon, and Sarasota with first-party and third-party special needs trusts, ABLE accounts, and guardianship.
Jacksonville / Northeast Florida
Providing special needs planning for families in Jacksonville, St. Augustine, Orange Park, and surrounding Northeast Florida communities.
Southwest Florida
Helping families in Naples, Fort Myers, Cape Coral, and Bonita Springs navigate Florida-specific Medicaid rules and establish benefit-compliant estate plans.
Tallahassee / North Florida
Serving the state capital region and North Florida families with expertise in Florida guardianship law, AHCA regulations, and disability benefit planning.
Resources to Guide Your Journey
We believe that informed families make the best decisions. That’s why we provide easy access to our comprehensive library
A: 4000 Hollywood Boulevard
Suite 485-S
Hollywood, FL 33021