Legal and Practical Steps for Long-Term Security
Raising a child with special needs in Florida involves more than daily care and support. As your child grows, you’ll need to make decisions that protect their rights, finances, and access to long-term resources. Whether your child is a minor or approaching adulthood, there are legal and planning tools that can help ensure they remain protected for life.
I’m Beryl Thompson-McClary, an Orlando Guardianship Attorney, and I help families throughout Orange County, Florida, build secure futures for their children with disabilities. Here are five essential actions every parent should take to safeguard their child’s wellbeing—now and in the years ahead.
1. Establish a Guardianship or Guardian Advocacy When Your Child Turns 18
In Florida, a child legally becomes an adult at age 18. That means parents lose the automatic right to make decisions, access medical records, or manage finances unless they take legal action.
For many families, guardian advocacy is the most appropriate option. This simplified court process applies to adults with developmental disabilities and allows you to continue managing key aspects of their care.
If your child’s disability doesn’t fall under the guardian advocacy statute or involves broader cognitive limitations, a traditional guardianship under Florida Statutes Chapter 744 may be necessary.
2. Create a Special Needs Trust to Preserve Government Benefits
Your child may qualify for public programs like SSI, Medicaid, or housing assistance, but these programs have strict asset limits. If your child inherits money or receives gifts or legal settlements, they could lose access to essential benefits.
A Special Needs Trust (SNT) lets you set aside funds to improve your child’s quality of life without jeopardizing their eligibility. These trusts can pay for:
- Therapies and medical treatments not covered by insurance
- Educational programs
- Recreation, hobbies, or vacations
- Transportation or personal care assistance
An SNT must be carefully drafted by an attorney familiar with Florida law and public benefit regulations.
3. Designate a Pre-Need Guardian and Successor Caregivers
What happens if you’re no longer able to care for your child?
Under Florida Statute 744.3045, you can file a pre-need guardian designation with the court. This names the person you want to step in as guardian if something happens to you.
You should also:
- Include a successor guardian in your estate plan
- Share information about your child’s daily routines, medical history, and care preferences
- Coordinate with relatives or trusted individuals who may be involved in long-term care
4. Draft a Letter of Intent
While not legally binding, a letter of intent is a powerful tool. It’s your opportunity to share everything a future caregiver or guardian should know, including:
- Your child’s medical needs and doctors
- Educational goals or service providers
- Daily habits and preferences
- Religious, cultural, or personal values
This document can be updated regularly and stored with your estate plan, guardianship records, or trust documents.
5. Work With an Experienced Guardianship Attorney
These decisions are too important to handle without legal guidance. As an Orlando Guardianship Attorney, I help parents:
- Establish guardianship or guardian advocacy
- Draft and fund special needs trusts
- Prepare long-term care plans and estate documents
- Coordinate benefits and avoid common legal mistakes
You don’t have to wait for a crisis. By acting early, you can give your family peace of mind and ensure your child is cared for well into the future.
Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
Your child’s safety, stability, and dignity matter—today and always. If you’re ready to build a legal and financial plan that truly protects your child with special needs, I’m here to help. Call 1-888-640-2999 to schedule your consultation and take the first step toward long-term peace of mind.
