Securing Lifelong Care and Stability in Florida
For many families in Orlando and throughout Florida, planning for the future of an adult child with special needs is a deeply personal priority. If you are a guardian or caregiver, one of your most important responsibilities is preparing for the day when you are no longer able to fulfill that role. Whether due to age, illness, or unexpected death, planning ahead ensures your loved one will have continued care, housing, financial stability, and legal protection.
I’m Beryl Thompson-McClary, an Orlando Guardianship Attorney, and I work with families across Orange County, Florida, to create lasting plans that support individuals with disabilities for the rest of their lives. If you’re ready to put a plan in place, call 1-888-640-2999 to schedule a consultation.
The Importance of Future Planning for Special Needs Adults
Guardianship provides the legal authority to make decisions for an adult who cannot make them independently. But it does not automatically transfer to someone else when the guardian dies. Without a plan in place, your loved one could face a gap in care, benefit interruptions, or court proceedings to appoint a new guardian.
Planning ahead means putting legal and financial safeguards in place now so your child or dependent continues receiving the support they need with as little disruption as possible.
Legal Tools to Protect Your Loved One After Your Death
Several legal strategies can help ensure continued care for your loved one after your passing:
Successor Guardian Designation
Under Florida Statute 744.312, you can nominate a successor guardian in your will or in a pre-need guardian designation. This person must still be approved by the court, but your nomination carries significant weight. A successor guardian should be someone who knows your child well and is capable of managing their care and legal responsibilities.
Pre-Need Guardian Declaration
Florida allows you to file a pre-need guardian designation with the court. This document names who you want to take over as guardian if you become incapacitated or pass away. Filing it with the court now helps avoid future disputes or delays.
Special Needs Trust (SNT)
A Special Needs Trust allows you to set aside money or property to support your child without disqualifying them from SSI, Medicaid, or other public benefits. You can name a trustee who will manage the funds according to your instructions after your death.
Under Florida and federal law, assets held in an SNT are not counted against income or asset limits for public benefit programs. Trust funds can be used for:
- Personal care attendants
- Therapy or medical needs not covered by Medicaid
- Hobbies, recreation, and travel
- Transportation and assistive technology
Letter of Intent
While not a legal document, a letter of intent provides guidance to your successor guardian or trustee. It can include:
- Medical history
- Daily routines
- Likes and dislikes
- Educational or vocational goals
- Preferred housing options
- Religious or cultural considerations
This document helps others step into your role with a clear understanding of your loved one’s needs.
Coordinating Guardianship With Estate Planning
As part of your estate plan, you should consider:
- Naming the successor guardian in your will
- Establishing a Special Needs Trust
- Coordinating with family members who will be involved in future care
- Ensuring beneficiary designations on life insurance and retirement accounts do not name the individual directly (which could affect benefits)
These steps help ensure your wishes are followed, and your child is protected.
FAQs: Planning for a Special Needs Adult After a Guardian’s Death
What happens if I die without naming a successor guardian? The court will need to appoint a new guardian, which could take time and lead to disagreements among family members. If no one is available or willing, the court may appoint a professional guardian.
Can I name more than one person to serve as a guardian? Yes, Florida allows co-guardians or successor guardians. You can name multiple people in order of preference.
Will my child lose their SSI or Medicaid if they inherit from me? Yes, if they receive the funds directly. That’s why you should leave assets in a Special Needs Trust, which preserves eligibility for benefits.
What is the difference between a guardian and a trustee? A guardian manages personal, legal, and medical decisions. A trustee manages funds in a trust. These roles can be filled by the same person or different individuals.
Can I use life insurance to fund a Special Needs Trust? Yes. In fact, many families purchase a policy specifically to fund an SNT after their death. Make sure the trust is the beneficiary—not your child directly.
Do I need a lawyer to create these documents? Yes. These are complex legal arrangements with long-term consequences. As an Orlando Guardianship Attorney, I can help you prepare valid, enforceable documents that reflect your wishes.
What if my child lives in a group home or supported living facility? Planning should include coordination with care providers and ensure that whoever steps into your role understands how to maintain those services.
Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
Planning for your own death is never easy, especially when you care for someone who depends on you. But preparing now can prevent confusion, stress, and hardship for your loved one. If you want to create a solid plan for your special needs child or dependent, I’m here to help. Call 1-888-640-2999 to schedule a consultation and protect your family’s future.
