When a Loved One Needs Help, You Deserve Clear Answers and a Plan You Can Trust
Guardianship & Special Needs Planning Rooted in Dignity, Love, and Legal Clarity
When a family member can no longer advocate for themselves—whether due to age, disability, or special needs—difficult questions quickly surface: Who will make decisions for them? How do we protect their rights and quality of life?
At Amy Dow Elder Law, we guide Florida families through guardianship and special needs planning with calm, compassionate legal expertise. Whether you are planning ahead for an aging parent or supporting an adult child with special needs, we help you take the next step with clarity, dignity, and peace of mind.
You are not alone in this. We are here to help you build a plan that protects the people you love.
Why Guardianship Decisions Can Feel Overwhelming
When the Responsibility Falls on You, It Can Feel Like the World Is Watching
You never imagined needing to make legal decisions for your aging parent or an adult child with special needs. But now you are being asked: Who will manage their care? Who has legal authority to act? What if they can no longer protect themselves?
And suddenly, you’re the one expected to find answers.
Every option feels complicated. Every path forward comes with paperwork, pressure, and the fear of doing something wrong. You may feel torn between love, guilt, and a very real sense of urgency.
At Amy Dow Elder Law, we understand how heavy this can feel. We provide the clarity, structure, and compassionate support you need to make confident, loving decisions—without being overwhelmed by the process.
COMMON SCENARIOS WE SEE:
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A parent with dementia can no longer manage their own affairs
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An adult child with a disability is aging out of school-based support
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A caregiver passes away unexpectedly, leaving no legal backup
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Disputes among siblings about who should serve as guardian
Amy guided us through a complex legal process for my parents with compassion and patience. She answered every question and made us feel truly heard. I would recommend her to anyone looking for someone who cares and delivers with professionalism.
Guardianship Planning Is Not Just About Control—It’s About Care, Protection, and Peace of Mind
Legal Support That Preserves Dignity, Eases the Burden, and Protects What Matters Most
When someone you love is no longer able to make decisions for themselves—due to cognitive decline, disability, or advanced age—guardianship becomes more than a legal issue. It becomes a deeply personal responsibility.
At Amy Dow Elder Law, we help families across Florida establish legal guardianship and plan for long-term special needs care with precision, empathy, and respect. Whether you are preparing for the future or responding to a sudden change in circumstances, we walk beside you every step of the way.
According to Florida Courts data, over 48,000 adult guardianship cases are filed statewide each year—many without proper planning. Without the right legal safeguards in place, families risk delays in decision-making, court intervention, and unnecessary emotional strain.
We help you avoid that chaos—and give your loved one the protection they deserve.
BENEFITS CHECKLIST
✅ Legally protects vulnerable adults who can no longer advocate for themselves
✅ Ensures the right person has decision-making authority for care, housing, and finances
✅ Prevents delays or disputes in high-stress medical or legal moments
✅ Creates a seamless path for long-term special needs planning
✅ Preserves your family’s values, wishes, and long-term stability
✅ Puts a trusted plan in place before the court must intervene
What’s Included in Guardianship & Special Needs Planning
Step-by-Step Legal Guidance That Protects Your Loved One’s Future With Compassion and Clarity
Guardianship and special needs planning is about more than legal authority—it’s about creating stability, preserving dignity, and ensuring your loved one is safe and supported for the long haul. At Amy Dow Elder Law, we walk you through every step of the process with clarity and heart.
According to the Florida Developmental Disabilities Council, nearly 500,000 individuals with disabilities live in Florida—and many require long-term support, supervision, or surrogate decision-making. Without proper planning, families often face court intervention, medical complications, or financial instability.
That’s why our approach includes more than just documents—we combine compassionate guidance with proactive legal protection.
Establishing Guardianship & Legal Authority
We help you determine whether full, limited, or voluntary guardianship is the right fit for your family’s needs. From capacity evaluations to preparing court petitions and emergency guardianship filings, we handle the legal process from start to finish—ensuring the right person has decision-making authority when it matters most.
Special Needs Trusts & Long-Term Planning
We create custom special needs trusts and Medicaid-compliant legal structures that protect your loved one’s eligibility for public benefits while preserving family resources. Whether it involves qualified income trusts, spousal protections, or selecting the right trustee, we build each plan with long-term security and peace of mind in mind.
Ongoing Legal Support & Plan Maintenance
Life changes—and guardianship plans must adjust accordingly. We provide ongoing legal counsel for updates, renewals, court-required reporting, and modifications as your family’s circumstances evolve. You can count on us for steady support, clear answers, and compliance every step of the way.
Voices of Gratitude From Families Who Found Guidance They Could Trust
In Times of Uncertainty, These Words Reflect What Compassionate Legal Help Feels Like
Families do not reach out because things are easy. They call when life feels uncertain, when decisions must be made under pressure, and when the people they love need protection. These are the voices of real people who experienced what happens when expert legal guidance is grounded in heart.
Who We Help — Legal Planning That Respects Every Family’s Reality
Compassionate Support for Caregivers, Couples, Solo Seniors, and Adult Children Facing Urgent Decisions
No two families walk the same legal path. Some come to us after a parent’s sudden hospitalization or a Medicaid denial. Others are caring for an adult child with disabilities or trying to plan ahead with dignity and clarity. Whether you’re supporting a loved one through crisis or trying to protect your own future, we help you take the next right step with structure, compassion, and legal clarity.
From protecting benefits to securing guardianship or avoiding spend-down penalties, our team meets you with calm confidence—right when everything else feels uncertain.
Below are four of the most common client types we support—each with unique priorities, emotional needs, and legal solutions tailored just for them.
Adult Children Navigating a Crisis
When a parent’s health declines suddenly, adult children often find themselves making urgent decisions without a clear roadmap. In Florida, Medicaid Managed Care Organizations deny approximately 12.5% of prior authorization requests, underscoring the complexity of the system . We provide immediate guidance to help families understand their options and secure necessary care without delay.
Married Couples Planning Ahead
Couples aiming to protect their assets and ensure future care need strategic planning. Florida has the highest percentage of residents aged 65 and older in the nation, at 20% . We assist in creating comprehensive plans that safeguard your legacy and provide peace of mind for the years ahead.
Solo Seniors Without Support
A significant number of seniors in Florida live alone, with nearly 3 in 10 adults aged 65 or older experiencing this reality . Aging without a support system can be daunting. We offer compassionate legal solutions that empower solo seniors to maintain independence and security.
Caregivers Managing Special Needs
Caregivers juggling the complexities of special needs planning face unique challenges. Establishing a Special Needs Trust is crucial to protect benefits and provide for long-term care. We guide families through this process, ensuring that loved ones with disabilities are cared for without jeopardizing essential support.
What to Expect When Starting Guardianship or Special Needs Planning
Clear, Compassionate Legal Guidance From Initial Call to Ongoing Support
Creating a guardianship plan or navigating special needs protection should not feel overwhelming. At Amy Dow Elder Law, we guide families step-by-step with dignity, empathy, and total clarity. Whether you are planning for the future or facing an urgent legal need, here is what you can expect from day one.
Begin With a Judgment-Free Consultation
We start by listening.
You will speak directly with a member of our legal team who understands the unique pressures of special needs care and guardianship decisions. We will help you explore your legal options, answer your questions in plain English, and determine the right path forward. No pressure. Just peace of mind.
Identify Needs, Rights & Responsibilities
Every family is different.
We help you understand the level of guardianship needed—full, limited, or voluntary—and clarify who should serve as legal decision-maker. We also identify whether Medicaid, disability benefits, or court petitions will be involved in your case. This step ensures everyone is aligned before documents are drafted.
Draft & File Customized Legal Documents
We will do the heavy lifting.
We prepare the specific legal tools required for your situation—guardianship petitions, powers of attorney, special needs trusts, and more. All documents are explained in plain terms and tailored to Florida statutes. You will never be handed a stack of papers without knowing exactly what they mean.
Court Filing & Legal Formalities (If Required)
Time is of the utmost importance.
If your plan involves court approval, we handle the filings, notices, and hearings. You are never alone. We ensure all paperwork meets Florida court requirements and deadlines so you can focus on your family, not legal logistics.
Ongoing Legal Support as Needs Evolve
New Chapters.
Life changes—and so do legal plans. We remain available to adjust your guardianship or special needs trust as your loved one’s situation evolves. Whether it is a new diagnosis, benefit change, or long-term housing shift, we provide updates that protect your plan and your peace of mind.
Did You Know?
According to the Florida Court System, over 48,000 adult guardianship cases are filed each year across the state—and many begin in crisis without proper planning. Putting a plan in place today can prevent court delays, emotional strain, and financial risk tomorrow.
Unsure What You Need or Where to Begin?
We will guide you through each decision with calm, clarity, and complete respect for your family’s unique needs.
Real Answers. Clear Guidance. No Legal Jargon.
Answers to Common Questions About Guardianship & Special Needs Planning in Florida
We know that families navigating guardianship or special needs planning often feel overwhelmed by conflicting information, rushed decisions, or legal terms they have never heard before. That’s why we have answered the most common questions people ask when trying to protect a loved one with disabilities or cognitive decline. These answers are designed to give you clarity—backed by legal knowledge, Florida-specific insight, and compassion.
What does a special needs planner actually do—and how can they help our family?
A special needs planner is a legal professional who helps families create secure, long-term plans for a loved one with disabilities. This includes establishing guardianship, preserving Medicaid or SSI eligibility, and setting up legal protections like special needs trusts. The right planner can simplify the legal maze and prevent costly mistakes that may jeopardize care or benefits.
✅ Learn more from the Special Needs Alliance
What is the difference between a Special Needs Trust and a Conservatorship?
A Special Needs Trust (SNT) is a legal tool that protects eligibility for benefits like Medicaid or SSI by shielding assets from being counted against a person’s income or resources. A conservatorship (called guardianship in Florida) is a court appointment that allows someone to make decisions on behalf of an individual who cannot do so themselves. Florida uses the term guardianship rather than conservatorship.
What are the 3 most common types of special needs planning tools in Florida?
Florida families often rely on:
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✅ First-Party Special Needs Trusts: Used when the beneficiary receives money directly (e.g., lawsuit settlement).
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✅ Third-Party Special Needs Trusts: Created by parents or loved ones to provide support without affecting benefits.
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✅ ABLE Accounts: Tax-advantaged savings accounts for individuals with disabilities.
These tools help protect government benefits while enhancing quality of life.
Who should consider working with a special needs planning attorney?
Any parent, caregiver, or adult child supporting someone with a disability should consult a special needs planning attorney—especially if the individual may need public benefits or long-term care. Planning early can prevent court delays, financial hardship, and loss of government eligibility. It’s not just for crisis situations—it’s about peace of mind.
Is having a disability the same as having a mental illness or mental disability?
Not necessarily. The term special needs covers a wide range of conditions—including physical, cognitive, developmental, and mental health challenges. Florida law does not limit guardianship or trust protections to any one type of disability. What matters most is whether the individual can manage their personal, medical, or financial affairs safely.
What is a "priority planner" in special needs law?
While “priority planner” is not a formal legal term, it is sometimes used by financial or legal professionals to describe proactive planning that ranks a loved one’s medical, housing, and financial needs in order of importance. At Amy Dow Elder Law, we take this a step further by building custom care strategies that adapt over time—prioritizing protection and dignity from day one.
Still feeling unsure about your unique situation? We are here to help—one step at a time, with patience and no pressure.
Feel Like You’re Carrying This Alone? Let’s Take the Next Step Together
You Deserve Guidance That Feels Grounded, Not Overwhelming
Planning for a loved one with disabilities or declining health can feel like walking through a legal maze blindfolded — but you do not have to do this alone. At Amy Dow Elder Law, we walk beside you with heart, clarity, and real answers.
Whether you’re navigating guardianship, special needs trusts, or simply unsure where to begin, we are here to help — one calm conversation at a time.
Office Number: (561) 288-1750
Your message is 100% confidential and will be handled with care.
Trusted Guidance From the Florida Bar
Download the Elder Law Booklet Amy Dow Helped Write
Amy Dow, a respected Elder Law Lawyer and co-author of this official Florida Bar guide, brings you vital insights into Medicaid planning, asset protection, and elder law strategies. This free resource gives you the knowledge to protect your loved ones — and avoid costly mistakes.
