Special Needs Trusts

Our Atlanta estate planning attorneys help families across Georgia create special needs trusts that protect benefits, provide long-term support, and ensure loved ones receive the care they need.

If you have a loved one who relies on government benefits such as Medicaid or Supplemental Security Income (SSI), you need to plan carefully. These programs have strict financial limits. In Georgia, a person can own no more than $2,000 in countable resources to qualify. If they receive or inherit more than that, their benefits may be reduced, suspended, or even terminated.

How a Georgia Third-Party Special Needs Trust Helps

A Georgia third-party special needs trust allows families to provide for a loved one without disrupting their government benefits. Instead of giving assets directly to the beneficiary, you place them in the trust. Because the trust owns the assets, those funds do not count toward the $2,000 limit. This structure lets you leave an inheritance while protecting your loved one’s eligibility for government programs.

Flexibility with a Georgia Special Needs Trust

You can name a Georgia third-party special needs trust as the beneficiary of your estate plan, life insurance policy, or retirement account. The trust can also hold real estate, investment accounts, or other property.

What Happens When the Beneficiary Passes Away?

When the beneficiary of a Georgia third-party special needs trust passes away, the government cannot demand reimbursement from the trust. Instead, you decide how the remaining assets in the trust will be distributed to family members, loved ones, or other beneficiaries of your choosing.