Special Needs Estate Planning in Marietta

Having children or loved ones with special needs requires extra support and care. One way to do this is to create an Estate Plan that supports your loved one with special needs.

Our lawyers at Nelson Elder Care Law can assist you with special needs Estate Planning in Marietta. Our experienced attorneys can discuss your loved one’s unique needs and help you come up with a plan that provides them with the support they require.

Estate Planning Tools for People with Special Needs

Well-rounded Estate Planning considers not only your needs and wishes, but also the needs of your beneficiaries. While creating a Will provides assets and property to your loved ones upon your death without limitations or control, this does not usually work for special needs beneficiaries. A court may believe your loved one lacks the capacity to properly control or even take possession of these assets, which can result in them losing property.

Instead, forming a Trust that names a special needs loved one as a beneficiary helps all parties to retain a higher level of control. Under the Official Code of Georgia § 53-12-20, forming a Trust requires only the intent of the trust maker, the naming of specific property to go into the Trust, the nomination of a trustee, and the naming of a beneficiary. As a result, special needs trusts generally contain cash that flows to your loved one at specified times. Our attorneys in Marietta could help you to understand the role of Trusts in providing income to loved ones with special needs.

Can a Special Needs Trust Prevent Someone from Collecting Government Benefits?

One concern you may have about providing income to loved ones with special needs is whether these payments will jeopardize their ability to collect government benefits, such as Medicaid, food stamps, Medicare, and Supplemental Security Income. Thankfully, receiving payments through a Trust does not count as income toward eligibility for these programs.

This is because property that remains in a Trust does not count as an asset of the beneficiary. While that property remains in the Trust, it is the property of that Trust, no matter how significant those assets are. As a result, eligibility requirements for the government programs that evaluate a person’s assets do not consider these funds. Our skilled lawyers in Marietta can further explain how creating a special needs Trust could provide your loved one’s with income but not jeopardize their ability to receive other support.

Call Our Marietta Attorneys for Help with Special Needs Estate Planning

As you create your Estate Plan, you must also take into consideration those you care for, especially if they have special needs. Creating a Trust for your loved one with special needs in your Estate Plan can be made easier with the help of our experienced lawyers. Our team is well-versed in Special Needs Estate Planning in Marietta and can use this knowledge to ensure your loved one is cared for after your eventual passing. Call Nelson Elder Care Law today to learn more.

Hear From Our Clients

I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

- Pierce

Josh Nelson, and his staff, have been amazingly helpful to our family. The ins and outs of nursing homes, the rules and regulations that govern Medicare and Medicaid are daunting and the folks at Nelson Elder Care Law have been informative, responsive, and above all, empathetic. I cannot emphasize enough how their service has taken a weight off of our shoulders especially during a world pandemic that has targeted nursing homes across our country. I highly recommend retaining Josh and his firm!

- Marcia

I had a simple legal question to them that I needed answered and they very helpful in giving me the information I needed. I highly recommend them and will reach out to them if I need more advice or assistance. Thank you for taking your time to just answer a couple of questions I had!

- Ben