Special Needs Law Attorney Tampa, FL

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Legal Support for Adults with Special Needs

Empowering Their Independence- With Legal Protections for Their Future

Supporting and caring for your loved one changes through different phases of their life— you want them to have security, stability, and opportunities—not just today, but for the future. Special needs planning isn't about limiting independence—it's about creating a structure that allows your loved one to thrive, with the right safeguards in place.

Whether you're planning for adulthood transitions, securing government benefits, or ensuring long-term financial stability, we'll be your advocate, helping to guide and provide unique solutions every step of the way. If you wish to get started crafting a customized plan, give us a call at 813-379-9839 or submit your details using the form on this page.

A Strong Future Starts with Thoughtful Planning

Planning ahead means peace of mind for you and lifelong support for them. With legal and financial structures in place, you can reduce uncertainty about care, financial hardships and securing benefits.

With a well-crafted framework you can:

  • Ensure continued access to government benefits (like Medicaid and SSI) without disqualification.
  • Establish a trust that protects assets while maintaining financial security.
  • Provide legal authority for decision-making where it's needed, while preserving independence where possible.
  • Create a plan for transitions in care, ensuring long-term stability.

No two families are alike, and your plan should reflect your family's needs. We will take the time to truly understand your priorities and curate a legal strategy tailored to your loved one's future. Our goal is to simplify the process for you, making it as seamless and stress-free as possible while ensuring every decision is made with clarity and confidence.

Legal Solutions in Tampa for Special Needs Families

Special Needs Trusts

A Special Needs Trust in Florida is a powerful tool, allowing you to set aside assets for your family member's care without jeopardizing their eligibility for government programs like Medicaid and SSI.

We can help you make an empowered decision by discussing the different types of Special Needs Trusts in Florida.

Third-Party Special Needs Trust

A Third-Party Special Needs Trust in Florida is one of the most effective ways to provide long-term financial support without jeopardizing eligibility for essential government benefits like Medicaid or SSI.

Who establishes this type of trust? Typically, a parent, grandparent, or other family member, who will be contributing funds toward housing, education, therapy, or daily expenses—all while keeping your loved one's financial security intact.

First-Party Special Needs Trust

A First-Party Special Needs Trust is created when an adult with special needs has assets in their own name, such as an inheritance, a settlement, or any financial windfall. This trust offers important protection by ensuring that their eligibility for critical benefits is not disrupted. With a First-Party Special Needs Trust in Florida, your loved one's personal funds are protected rightfully; while ensuring they still get the governmental support they need.

Pooled Trust

A Pooled Trust is a great option for families in Tampa who would prefer professional trust management. So, you may be wondering, how does a Pooled Trust work?

Unlike traditional special needs trusts, a Pooled Trust is managed by a nonprofit organization, combining assets from multiple beneficiaries while keeping each person's contributions separate and protected. This structure allows families to benefit from professional oversight while maintaining financial security for their loved one.

If you believe this type of flexibility is important in your situation, our team can help you establish a trust that safeguards assets, ensures proper management, and enhances quality of life—without jeopardizing government benefits.

Power of Attorney

A Power of Attorney for a special needs adult in Tampa is a powerful yet simple tool available that may be the right solution for your family. A POA ensures a trusted person can legally step in when needed. This could include paying bills, managing assets, handling government benefits, or making other financial decisions.

The best part? They still remain in control over their life, and the authority given can be as comprehensive or as limited as they choose. We'll help you create a structure that fits their needs.

Healthcare Directive

A Healthcare Directive allows your loved one to name a reliable person to make medical decisions if they ever become unable to do so. This ensures that doctors and hospitals listen to the right person, and decisions about treatments, surgeries, or long-term care are made with their best interests in mind. Whether it's planning ahead or providing peace of mind during a medical emergency, a Healthcare Directive eliminates uncertainty, ensuring they receive the care they want, from the people they trust most.

Letter of Intent - Preserving Care & Routine

Though a Letter of Intent isn't a legal document, it's still one of the most valuable guides you can create for your loved one's future. Think of it as a personal roadmap—a way to share everything that makes them who they are, from their daily routines and medical care preferences to their favorite foods, hobbies, and long-term goals. If there ever comes a time when you're unable to provide support for them, this letter ensures that caregivers, family members, and future decision-makers know exactly what they need to feel safe and supported.

Guardianship Advocacy in Florida

It's quite a milestone when your special needs family member turns 18! While congratulations are in order for championing them to adulthood, there are also new steps that are necessary to ensure their continued success. You need new legal documents to empower their independence while still being able to support them in areas they may need you. Your plan should be both comprehensive and flexible. No matter if it's medical, financial, personal decisions, or all, Guardianship Advocacy offers the legal ability to continue supporting them once they've reached adulthood.

How Does Guardianship Advocacy Work?

The process is designed to be least restrictive, ensuring that your loved one retains as much independence as possible so your loved one can begin a new chapter with confidence.

Who Needs a Guardianship Advocate?

Guardianship Advocacy may be right for your family if your loved one:

  • Has been diagnosed with an intellectual or developmental disability such as autism, cerebral palsy, Down syndrome, or spina bifida.
  • Can make some decisions independently but needs help managing medical, financial, or personal affairs.
  • Requires ongoing support to maintain stability and security in adulthood.

How Our Special Needs Attorneys Can Help

Every family's needs are different, and that's why Guardian Advocacy isn't a one-size-fits-all solution.

We can offer legal guidance through:

  • Determining if Guardian Advocacy is the right option for your family.
  • Guiding you through the legal process- ensuring everything is completed correctly and efficiently.
  • Offering creative solutions to find the perfect balance between support and independence.
  • Ensure long-term security by incorporating additional planning tools like Special Needs Trusts

Planning for Guardian Advocacy means you can continue being the trusted advocate your loved one depends on, even after they turn 18. Let's create a plan that protects their future and sets them up for a life of confidence.

Transition Planning for Adulthood

Are you only seeking limited and specific legal guidance for now? With any transitional aspect to adulthood, we can support you through:

  • Education & vocational planning for life after high school.
  • Financial planning & benefits coordination to maintain security.
  • Living arrangements & housing options that fit your loved one's needs.

Contact Us - For Creative Legal Solutions for Adults with Special Needs

We're passionate about helping you ensure your loved one has the resources, protections, and opportunities no matter what stage of life they're in. Elizabeth Devolder and her team are dedicated to creating thoughtful, creative solutions that give you confidence in the future. We're looking forward to working with you, call us at (813) 379-9839 or request a consultation online today.