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St. Augustine & Jacksonville Special Needs Planning

Empowering Your Loved Ones While Preserving Vital Benefits

Caring for a family member with a disability requires a delicate balance: you want to provide them with the best quality of life possible, but leaving them assets directly can inadvertently disqualify them from essential government programs like Supplemental Security Income (SSI) and Medicaid.

At D. Naples Law, we specialize in creating comprehensive special needs plans for families in Jacksonville, St. Augustine, and across Northeast Florida. Our goal is to ensure your loved one is cared for throughout their lifetime without losing the public support they depend on.

Core Special Needs Planning Tools

The legal landscape for disability planning has evolved significantly. We utilize the latest 2026 regulations to build a multi-layered defense for your family.

1. Third-Party Special Needs Trusts (SNT)

This is the cornerstone of most family estate plans. Established and funded by parents or grandparents, a Third-Party SNT provides funds for “supplemental” needs—such as specialized therapy, travel, technology, and recreation—without the assets counting toward the $2,000 SSI limit.

  • Florida Advantage: Unlike other trust types, these do not require a Medicaid payback upon the beneficiary’s death, allowing you to preserve the remaining legacy for other family members.

2. First-Party (Self-Settled) Trusts

If your loved one receives a personal injury settlement or an unexpected inheritance directly, a First-Party SNT is required to shield those assets. We help families in St. Johns County quickly establish these “d4A” trusts to prevent a sudden loss of medical coverage.

3. ABLE United Accounts (2026 Updates)

As of January 1, 2026, the ABLE Age Adjustment Act has expanded eligibility significantly. If your loved one’s disability began before age 46 (previously age 26), they can now open a tax-advantaged ABLE account.

  • Annual Contribution: For 2026, you can contribute up to $20,000 annually.

  • Autonomy: These accounts allow the beneficiary more direct control over their spending, promoting independence while maintaining benefit eligibility.

What Can a Special Needs Trust Pay For?

Under the updated 2026 Social Security regulations, trustees now have more flexibility than ever. We guide Jacksonville trustees on using funds for life-enhancing expenses, including:

  • Advanced Medical & Dental Care: Procedures not covered by Florida Medicaid.

  • Education & Vocational Training: Specialized tutoring or job coaching.

  • Quality of Life: Computers, sensory equipment, hobbies, and vacations.

  • Transportation: Purchase and maintenance of handicap-accessible vehicles.

  • Flexible Living: Navigating the new rules regarding food and housing to ensure distributions don’t reduce monthly SSI checks.

Why Choose D. Naples Law?

Planning for a disability is deeply personal and legally complex. D. Naples Law offers a localized, compassionate approach for North Florida families.

  • Up-to-Date Expertise: We stay at the forefront of the 2026 federal law changes, ensuring your plan doesn’t rely on outdated “food and shelter” restrictions.

  • St. Augustine Roots: We understand the local resources available to the special needs community in Duval and St. Johns Counties.

  • Holistic Integration: We ensure your special needs plan works in harmony with your overall estate plan, business succession, and tax strategy.

FAQs

Yes. If a person with a disability receives an inheritance of more than $2,000, they will likely be “disqualified” from SSI and Medicaid. They would have to “spend down” the money on medical bills before they could re-qualify. A Special Needs Trust at D. Naples Law avoids this entirely by keeping the money in a protected legal “bucket.”

The most significant change is the ABLE Age Adjustment Act. It opened the door for millions of people—including many veterans and those with adult-onset disabilities in St. Augustine—to use tax-free ABLE accounts if their disability began before age 46.

No. Only First-Party Trusts (funded with the beneficiary’s own money) require you to reimburse the state for medical costs after the beneficiary passes away. Third-Party Trusts (funded by you for your child) do not have this requirement in Florida, meaning you can name other children or charities as “remainder” beneficiaries.

Yes, but it must be handled carefully. While recent 2026 rules have made it easier for trusts to help with food, housing costs can still sometimes trigger a “one-third reduction” in SSI benefits. We work with Jacksonville families to calculate whether the trust paying for housing provides a greater net benefit to the loved one despite the slight SSI reduction.

Being a trustee for a special needs plan is a major responsibility that involves strict reporting to the Social Security Administration. Many families choose a sibling or a professional fiduciary. We help you weigh the pros and cons of each choice to ensure the trust is managed correctly for decades to come.