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Estate planning isn’t just about passing down wealth—it’s about ensuring long-term care, maintaining dignity, and protecting vulnerable loved ones. For aging individuals and those with special needs, the stakes are even higher.
In Georgia, proper planning can help families:
- Protect assets from nursing home costs
- Maintain eligibility for Medicaid or disability benefits
- Appoint trustworthy decision-makers
- Avoid guardianship and court delays
Here’s what you need to know to build a secure, thoughtful plan for aging parents or family members with disabilities.
1. Plan Early to Preserve Control
Waiting too long can lead to unnecessary legal hurdles. By planning ahead, families can:
- Choose who makes decisions (instead of leaving it to the courts)
- Avoid guardianship or conservatorship proceedings
- Qualify for Medicaid without losing the family home
For a guide to avoiding common pitfalls, read our post on estate planning mistakes that stress out heirs.
2. Use Powers of Attorney and Advance Directives
Every adult—especially aging or special needs individuals—should have:
- A durable financial power of attorney to authorize someone to handle banking, real estate, and other financial matters
- A Georgia Advance Directive for Health Care to name a health care agent and outline medical preferences
These documents prevent the need for court intervention and allow loved ones to act without delay.
You can learn more about Georgia’s advance directive requirements here (Georgia Department of Human Services).
3. Protect Government Benefits With a Special Needs Trust
If a loved one with disabilities receives or may qualify for SSI or Medicaid, leaving them money outright could disqualify them from benefits.
Instead, you can create a Special Needs Trust (SNT) to:
- Hold inheritance or gifts
- Pay for expenses not covered by benefits (housing, travel, therapy, etc.)
- Preserve eligibility for essential programs
We cover this more in-depth in our Special Needs Trust services page.
4. Consider a Revocable Living Trust for Aging Parents
A revocable living trust can help manage assets if a parent becomes incapacitated and avoid probate after death.
Advantages include:
- Simplified management of finances and property
- Continuity of care and access
- Privacy (unlike a public will)
- Avoiding probate delays
For more details on this planning tool, see our post on creating a revocable living trust in Georgia.
5. Plan for Long-Term Care and Medicaid Eligibility
The cost of nursing homes in Georgia can exceed $7,000 per month. Without planning, families may have to spend down assets to qualify for Medicaid.
A well-timed Medicaid plan can:
- Protect the family home and savings
- Use Medicaid-compliant annuities or asset transfers within legal guidelines
- Avoid disqualification due to improper gifting
Learn how Georgia Medicaid for long-term care works and how we can help you plan around the 5-year look-back period.
6. Don’t Rely on One-Size-Fits-All Documents
Generic templates or online tools don’t work for aging or special needs situations. These plans often fail to address:
- Guardianship of adults with disabilities
- Multi-generational care structures
- Asset protection from long-term care costs
- Conflict between family members
To see how DIY plans can go wrong, check out our article on why DIY estate planning can create more problems than it solves.
Let Hurban Law Help You Plan with Confidence
At Hurban Law, LLC, we help Georgia families navigate the challenges of planning for aging parents and loved ones with special needs. From special needs trusts to Medicaid planning, we’ll help you build a plan that protects the people who need it most—now and in the future.
Contact us today to create a secure, legally sound estate plan tailored to your family’s unique needs.
