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Securing the Future - Special Needs Planning for a Loved One with Down Syndrome in Florida

Bobbi Meloro • March 13, 2025

Do you know why World Down Syndrome Day is recognized on March 21? The date, 3/21, represents the extra 21st chromosome that results in Down syndrome. This day is dedicated to supporting, educating, advocating, and celebrating individuals with Down syndrome while promoting inclusion and equal opportunities. It is also a time for families to consider the steps needed to secure a bright and stable future for their loved ones.


If you have a family member with Down syndrome, you may already be thinking about their future, who will care for them, how they will manage finances, and what legal steps need to be taken to protect them. Many Florida families rely on government programs like Supplemental Security Income and Medicaid to provide essential support, but without proper planning, an inheritance or financial gift could unintentionally disrupt those benefits. Special needs planning helps ensure long-term financial security while maintaining access to critical resources.


Why special needs planning is essential. Many individuals with Down syndrome depend on government benefits for health care, housing, and daily support services. However, these programs have strict income and asset limits. Without proper planning, receiving even a modest inheritance could cause a loved one to lose eligibility for these crucial benefits.

Special needs planning allows families to set aside funds to enhance their loved one’s quality of life while ensuring continued access to government assistance. The right legal tools provide financial security without putting essential support at risk.


How a Florida special needs trust can help. One of the most effective ways to protect a loved one’s financial future is through a special needs trust. This type of trust holds assets for an individual with disabilities without those assets being counted against eligibility for government benefits. Funds in the trust can be used for supplemental expenses such as medical care, therapies, education, housing, and recreation—ensuring a better quality of life.


There are different types of special needs trusts, including first-party, third-party, and pooled trusts. The right choice depends on the source of the funds and the family’s long-term planning goals. Consulting with an experienced elder law attorney helps ensure that the trust is properly structured to comply with Florida laws and provide maximum benefit to the individual.


Why guardianship and decision-making documents matter. When individuals with Down syndrome reach adulthood, families may need legal authority to help with financial, medical, and personal decisions. In Florida, this can be accomplished through guardianship, a durable power of attorney, and health care planning tools.

Every situation is unique, and some individuals with Down syndrome are capable of making certain decisions with the right support in place. Families should explore all available options to determine the best way to balance independence with necessary legal protections.



At Meloro Law, we are here to make sure your trust delivers everything you intended for your family. We encourage you to contact us and schedule a meeting to get your ducks in a row. To learn more about Meloro Law and how we can help you when you need legal representation for special needs planning, estate planning, or elder law issues, do not wait to call us today.

 

At Meloro Law, we are here to make sure your trust delivers everything you intended for your family. We encourage you to contact us and schedule a meeting to get your ducks in a row. To learn more about Meloro Law and how we can help you when you need legal representation for special needs planning, estate planning, or elder law issues, do not wait to call us today.

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