Special Needs Attorney in Daytona Beach

Estate Planning That Protects Benefits & Preserves Your Family’s Future

Families raising a child with a disability, or caring for an adult loved one who relies on Supplemental Security Income (SSI) or Medicaid, face an estate planning challenge a standard will or trust doesn’t solve. Leave assets directly to someone receiving means-tested benefits and you can trigger a review that costs them eligibility. The goal isn’t to disinherit anyone. It’s to structure an estate plan that can preserve those benefits while still providing for the person you love. That coordination is what special needs planning is for, and it’s work I handle as part of the estate planning and elder law matters my Daytona Beach practice takes on.

I’m Thomas Upchurch, a Daytona Beach native and former Assistant State Attorney with the Sixth Judicial Circuit in Pinellas County. I’ve represented clients in estate matters for nearly two decades. I offer a free case evaluation so families can ask questions and understand whether their situation is a fit for my firm before moving forward.

If your family needs a special needs attorney in Daytona Beach, I can help. Call (386) 272-7445 to schedule your free case evaluation.

First-Party, Third-Party, & Pooled Special Needs Trusts

A special needs trust holds assets for a person with a disability without counting those assets against benefit eligibility thresholds. The structure that fits your family depends on whose money funds the trust and how it’s created.

First-Party Trusts
A first-party special needs trust (also called a self-settled trust) is funded with assets belonging to the beneficiary, such as proceeds from a personal injury settlement or an inheritance the individual received directly. Federal law under 42 U.S.C. §1396p(d)(4)(A) permits these trusts but requires a Medicaid payback provision: funds remaining in the trust after the beneficiary’s death must first reimburse the state for Medicaid benefits paid during that person’s lifetime.

Third-Party Trusts
A third-party special needs trust is funded by someone other than the beneficiary, typically a parent or grandparent, and is often built into that person’s own estate plan. Unlike a first-party trust, it carries no Medicaid reimbursement obligation after the beneficiary passes away, which means remaining assets may pass to other family members as intended.

Pooled Trusts
A pooled trust is managed by a nonprofit organization that combines the funds of many beneficiaries while keeping a separate account for each individual. This can be a practical option for families with smaller asset amounts or no available private trustee.

ABLE Accounts as a Complement to Trust Planning

An ABLE account, created under the federal Achieving a Better Life Experience (ABLE) Act, allows a person with a disability to save money without losing SSI or Medicaid eligibility. Up to $100,000 held in an ABLE account is excluded from the SSI resource limit, giving families a flexible savings tool that sits outside a trust structure entirely.

Eligibility expanded significantly on January 1, 2026. The ABLE Age Adjustment Act raised the qualifying disability-onset age from before 26 to before 46, opening these accounts to a much larger population. An ABLE account and a special needs trust serve different purposes and operate under different rules. Families often use both as part of a coordinated plan rather than choosing one over the other.

Coordinating Special Needs Planning with the Rest of Your Estate

A will that divides assets equally among all children, or a life insurance policy with a beneficiary designation naming a disabled individual directly, can inadvertently trigger a benefit eligibility review. The fix isn’t to leave that person out of your estate plan. It’s to redirect those assets into a properly structured special needs trust so the transfer can happen without affecting program eligibility.

Families also need to plan for the transition when a person with a disability turns 18. At that point, a parent no longer has automatic legal authority to make medical or financial decisions on that person’s behalf. Establishing guardianship, or a less restrictive alternative such as a health care surrogate designation or durable power of attorney, is a step many families need to address alongside trust drafting. Florida’s Agency for Persons with Disabilities administers the iBudget Medicaid waiver, which funds home and community-based services for people with developmental disabilities, and how a trust is structured can affect access to those programs. I work through these questions as part of the planning process so nothing gets handled in isolation.

Direct Attorney Involvement & Recognized Standing

I don’t assign my files to associates. Clients work directly with me from the initial case evaluation through the completion of the matter. To maintain that level of involvement, I limit the number of clients I take on at one time.

My credentials are verifiable outside my own firm’s copy. I hold an AV Preeminent rating from Martindale-Hubbell, the highest peer rating standard for legal knowledge, communication skills, and ethical standards. I’m also a member of the Million Dollar Advocates Forum, limited to attorneys who have obtained settlements or verdicts of one million dollars or more for clients. I’ve served as past chair of an elder law section of a local bar association, which reflects sustained involvement in the legal issues that intersect with special needs planning: elder care, Medicaid, and guardianship. One client review describes the firm helping secure care for a grandmother while handling her estate needs and Medicaid application together. That kind of coordination is part of what this work requires.

Serving Special Needs Planning Clients Across Florida

Upchurch Law is based in Daytona Beach and works with individuals and families throughout Florida on estate planning, elder law, and guardianship matters. In addition to clients throughout the Daytona Beach area, including Ormond Beach, Port Orange, and New Smyrna Beach, I represent families in Orlando, Jacksonville, and communities across Central and North Florida. If you’re managing a Florida estate or benefit structure from out of state, much of the process can be handled by phone and email.

Schedule a Free Special Needs Planning Evaluation

If you’re a Daytona Beach parent, grandparent, or caregiver trying to protect a loved one’s benefits while building a lasting estate plan, a free case evaluation is the right first step. I’ll listen to your situation, answer your questions, and tell you honestly whether your matter is a fit for my firm.

I stay directly involved in every matter I accept, which means you’ll work with the same special needs lawyer from your first call through the final documents. To schedule your free evaluation with Upchurch Law, call (386) 272-7445 or reach out through the contact form on this site.