Planning for someone with a disability begins with a familiar hope: You want the people you love to be safe, supported and able to enjoy their lives. A thoughtful estate plan can turn that hope into clear responsibilities, dependable resources and useful guidance for the future.
Spiro Verras helps families bring the pieces together. A supplemental needs trust may be part of the answer, along with beneficiary designations, decision-making documents, an ABLE account and a practical record of the person’s preferences. The right arrangement respects the beneficiary’s abilities and encourages as much independence as possible.
Start with the person’s life
We begin with how things work today. Where does your loved one live? Who provides support? What benefits are in place? What do they enjoy, and what would they like to do? We also discuss what may change as the person, their parents and their caregivers grow older.
Financial eligibility rules matter, but different programs work differently. SSI and many Medicaid programs consider income and resources. SSDI and Medicare are not means-tested in the same way. Identifying the actual benefits helps us choose appropriate tools without imposing unnecessary restrictions.
Give the inheritance a clear destination
A third-party supplemental needs trust can hold assets contributed by parents, grandparents and others for a beneficiary who relies on means-tested benefits. The trustee manages and uses those resources under terms designed for the beneficiary’s circumstances.
The trust can receive an inheritance under a will or revocable trust, or proceeds from a properly coordinated beneficiary designation. Funding during life is also possible. The choice depends on your own needs, the beneficiary’s needs, tax considerations and the other parts of your estate plan.
We then help identify the accounts and documents that should point to the trust. Life insurance and retirement designations deserve particular attention. Retirement accounts have their own distribution rules, and favorable treatment for a beneficiary with a disability depends on meeting the relevant federal requirements.
Bring the family into the plan
Grandparents, siblings and other relatives may want to help. Providing them with the trust’s correct name and clear instructions gives their advisers a practical way to coordinate gifts. A shared understanding can make generosity more effective.
Assets already owned by the beneficiary require a separate review. A first-party or pooled trust may be appropriate, with different age, transfer and repayment rules. Keeping those assets distinct from family-funded property is part of careful planning.
Prepare for adulthood thoughtfully
Age 18 is a useful planning milestone. Parents’ authority over a minor generally changes when the child becomes an adult, and the SSI eligibility framework also changes. Planning ahead allows time to consider what support the young adult actually needs.
When the person has the necessary capacity, a durable power of attorney, health care surrogate designation and privacy authorization can let trusted people assist with financial and medical matters. The documents should reflect the person’s understanding and choices. Supported decision-making and other less restrictive arrangements may also be appropriate.
Where court-authorized assistance is needed, Florida provides guardianship and, for eligible people with developmental disabilities, guardian advocacy. We generally do not accept new guardianship matters except for existing clients. For new guardianship matters outside that scope, Spiro can help the family understand how that step fits the estate plan, coordinate with trusted colleagues and remain involved to the extent the family wishes.
Choose a team with complementary strengths
The person who knows your loved one best may bring a different strength from the person best equipped to manage investments and reporting. Those strengths can work together.
A family trustee may serve with professional assistance, a professional co-trustee or a care manager. A trust company or nonprofit may be appropriate in other circumstances. We consider continuity, communication, the ability to follow benefit rules and how the arrangement will work in everyday life.
The plan should also name successors and provide a practical process for replacing someone whose circumstances change. The beneficiary’s voice belongs in the process to the extent possible.
Write down what only you know
A letter of intent can describe the details that make life comfortable and familiar: Providers, medications, daily routines, important relationships, favorite activities, communication preferences and hopes for the future.
It is guidance rather than a substitute for legal authority. Its value lies in helping future caregivers and trustees understand the person behind the documents. Review it as circumstances change and make sure the appropriate people know where to find it.
Coordinate benefits, taxes and practical spending
A trust’s terms and its administration work together. Trustees need to understand how payments may affect benefits, what records to keep and who handles tax reporting. Direct cash, shelter payments, provider payments and ABLE-account contributions can have different consequences.
An ABLE account can provide another way to pay qualified disability expenses and support participation in everyday financial decisions. From January 1, 2026, qualifying disability or blindness must have begun before age 46. The account has contribution and distribution rules, so we consider it alongside the trust.
For appreciated investments, we review whether to contribute during life or arrange a transfer at death, considering tax basis and the family’s broader needs. We coordinate the legal plan with your CPA, financial adviser and benefits professionals as appropriate.
Questions worth discussing
What if the family has ample resources?
That depends on the person’s likely lifetime needs and the services available. Some families value the continuity of public benefits and support programs alongside private resources. Others can meet their goals through a different arrangement. We look at both the financial picture and the person’s quality of life.
What if we already have a trust?
Review its terms, funding and beneficiary designations in light of the current situation. A useful review also considers the trustee, successors, benefits rules and any changes in the beneficiary’s abilities or needs.
What should we bring to the first conversation?
Existing estate-planning documents, a summary of assets and insurance, current benefit notices, and the names of key advisers provide a helpful starting point. You can also bring the questions that concern your family most.
A plan the family can use
The aim is a coordinated plan that gives the people involved clear next steps and gives your loved one room to thrive. Explore our supplemental needs planning FAQs for additional questions.
Contact Verras Law to arrange a conversation with Spiro Verras in Palm Harbor, by appointment in Tampa or St. Petersburg, or by Zoom or teleconference.