The Short Answer

Sometimes, yes—but it depends heavily on what kind of trust you already have (revocable vs. irrevocable), who funded it (the beneficiary vs. a third party), and whether the trust can legally be changed without triggering benefit-eligibility problems. In Florida, converting or “fixing” an existing trust often requires careful trust modification or even a court-approved reformation to align the document with the settlor’s intent and benefit rules.

What Florida Law Says

Florida law provides ways to change or correct trust terms, but the legal standard matters. If the trust language does not match what was intended (for example, it allows distributions that could be treated as available resources for SSI/Medicaid), a court may be able to reform the trust to correct a mistake. However, not every “conversion” is permitted, and not every trust can be modified in the way needed to preserve means-tested benefits.

The Statute

The primary law governing this issue is Fla. Stat. § 736.0415.

This statute establishes that a Florida court may reform (rewrite) the terms of a trust—even if the trust is unambiguous—when clear and convincing evidence shows the trust terms and the accomplishment of the settlor’s intent were affected by a mistake of fact or law.

Depending on the situation, other Florida Trust Code provisions may also come into play, including judicial modification of an irrevocable trust under Fla. Stat. § 736.04113 and rules for amending a revocable trust under Fla. Stat. § 736.0602.

Why You Should Speak with an Attorney

While Florida statutes provide tools to change trusts, applying them to protect SSI/Medicaid is rarely simple. Whether an existing trust can function as a special needs trust often turns on details that can cause an immediate loss of benefits if handled incorrectly, including:

• Strict Legal Standards: Reformation under Fla. Stat. § 736.0415 requires clear and convincing evidence of a mistake—this is not a simple “edit the trust” situation.
• Benefit Eligibility Traps: The wrong distribution language, trustee powers, or beneficiary control can make trust assets countable for SSI/Medicaid purposes, even if the trust was created with good intentions.
• Revocable vs. Irrevocable Issues: A revocable trust may be treated very differently for benefits than an irrevocable trust, and Florida’s modification options differ depending on the trust’s status and who has authority to change it.

If your goal is to protect government benefits, you want a Florida attorney to review the existing trust, identify the risk points, and determine whether reformation/modification is realistic—or whether a new structure is needed.

If you want background reading, you may also find this helpful: Living Trust vs. Irrevocable Trust vs. Supplemental Needs Trust in Florida: What’s the Difference?

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

Find a Florida Attorney Now

Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.