Estate Planning for Loved Ones With Special Needs
Jake Slowik

How Georgia Families Can Protect Their Future Without Jeopardizing Benefits

If you have a child or loved one with special needs, estate planning takes on a whole new level of importance. The wrong plan—or no plan at all—can unintentionally disqualify them from vital government assistance like Medicaid or Supplemental Security Income (SSI).

At Slowik Estate Planning, we work closely with Georgia families to create thoughtful, legally sound strategies that provide long-term financial security without sacrificing eligibility for public benefits.

Why Standard Estate Planning Isn’t Enough

Typical wills or living trusts often leave assets directly to heirs. But if your loved one with special needs receives government assistance, this type of inheritance could:

  • Exceed income or asset limits for programs like SSI and Medicaid

  • Cause those benefits to be reduced or revoked

  • Force the recipient to spend down the inheritance before regaining eligibility

What Is a Special Needs Trust?

A Special Needs Trust (SNT) is a legal tool that allows you to set aside money or assets for a loved one with disabilities—without jeopardizing their government benefits.

How It Works:

  • Funds in the trust are used to pay for supplemental needs (not covered by public programs), like therapy, travel, education, entertainment, and more.

  • The trust is managed by a trustee you appoint—someone responsible and trustworthy.

  • Because the assets are owned by the trust (not the beneficiary), they don’t count toward Medicaid or SSI asset limits.

Types of Special Needs Trusts

1. Third-Party Special Needs Trust

  • Funded by parents, grandparents, or other loved ones

  • Can be included in your will or living trust

  • Remaining assets can go to other family members after the beneficiary passes away

2. First-Party Special Needs Trust

  • Funded with the beneficiary’s own assets (e.g., a settlement or inheritance)

  • Must include a “Medicaid payback” provision

  • Typically used when funds were received unexpectedly

3. Pooled Trust

  • Managed by a nonprofit organization

  • Ideal when no suitable individual trustee is available

  • Funds are pooled for investment but maintained in individual accounts

Other Important Considerations

✅ Guardianship & Conservatorship

If your child is turning 18 and cannot manage their affairs, you may need to petition the court for guardianship or conservatorship to continue making medical or financial decisions on their behalf.

✅ Letter of Intent

While not legally binding, a letter of intent communicates your loved one’s routines, preferences, care needs, and hopes for the future. It guides future caregivers and trustees.

✅ Life Insurance as a Funding Tool

Many families fund special needs trusts with life insurance policies to ensure long-term care and financial support, even after the parents have passed.

Why Work With a Georgia Estate Planning Attorney?

Special needs planning involves complex federal and state rules. At Slowik Estate Planning, we understand how Georgia laws intersect with national benefit programs, and we craft individualized plans that ensure:

  • Benefit eligibility is preserved

  • Funds are protected and properly managed

  • Your wishes for your loved one’s quality of life are honored

Protect Their Future—Start Today

Planning ahead can make all the difference in your loved one’s well-being and independence. Let Slowik Estate Planning help you create a special needs estate plan that gives you peace of mind today—and gives them the support they’ll need tomorrow.