Estate Planning for a Special Needs Child in Georgia

If you’re raising a child with special needs, you already plan for more than most parents ever have to. You think ahead about appointments, therapies, and transitions — and at some point, you start wondering about the future.

What happens when you’re no longer here to speak up for them? Who makes sure they’re cared for, supported, and secure?

You’re not alone in those questions. According to the CDC, about 1 in 6 children in the U.S. has a developmental disability. That’s millions of families facing the same daily balance of care, structure, and planning.

Although many parents might not realize it, this also includes estate planning. Estate planning helps you create a plan that keeps your child’s care consistent, their benefits intact, and their independence supported, even after you’re gone.

For families in Georgia, this kind of planning might feel complicated. Between government benefits, guardianship laws, and trust rules, it’s easy to feel confused.

The good news? You don’t have to figure it out alone. With the right steps and the right guidance, you can build a plan and establish service providers that give your child long-term stability and give you real peace of mind.

In this guide, we’ll cover:

What makes estate planning for a special needs child different
How special needs trusts protect benefits and provide flexibility
Legal tools every Georgia family should consider
The role of guardianship and supported decision-making
How to start creating a plan that truly fits your family
How an estate planning attorney and financial advisor can help

Planning early is one of the most loving things a parent can do. Let’s walk through how to do it right.

Understanding Special Needs Estate Planning

Estate planning for a child with special needs looks different from traditional planning. The focus goes beyond dividing assets or naming heirs. The goal is to build a stable future that protects disability benefits, provides structure, and keeps your child’s care secure over time.

In Georgia, many families rely on programs like Medicaid or Supplemental Security Income (SSI benefits) to help cover needs. However, these programs come with strict income and asset limits. Without the right legal framework, even a small inheritance or life insurance payout to the designated beneficiary could unintentionally disrupt those federal benefits.

Special needs estate planning helps prevent that. It uses familiar legal tools (like wills, trusts, and powers of attorney) but adapts them to fit your child’s situation.

This is an opportunity to create continuity. You want your child to have access to care, housing, and resources long after you’re gone, without losing the financial security that makes that possible.

What Is a Special Needs Trust?

A special needs trust is often at the center of this kind of planning. It allows money or property to be set aside for your child while keeping them eligible for needs-based programs such as Medicaid or SSI.

Instead of transferring assets directly to your child, the trust holds them and pays for qualified disability expenses that improve the quality of life. That might include therapy, education, adaptive equipment, or even trips and hobbies.

The pooled trust gives your child access to what they need while keeping government benefits intact.

With the right plan in place, families gain peace of mind knowing their child’s future care is protected, their comfort is supported, and their independence can continue to grow.

Legal Tools for Special Needs Families

Every family’s situation is different, but most parents of children with special needs share one common goal: making sure their child is protected no matter what happens.

Estate planning gives families the tools to do that. In Georgia, it often starts with a will and expands into other documents that keep care and decision-making consistent.

Wills and Guardianship Designations

A will isn’t only about property. For parents, it’s also the place to name who will care for your child if something happens to you.

This is called a guardianship designation, and it helps prevent confusion or conflict later. Georgia courts give significant weight to a parent’s wishes, especially when the chosen guardian is clearly identified in a valid will.

When thinking about a guardian, consider who knows your child’s needs, values, and routines. The right person should be both trustworthy and capable of managing daily responsibilities such as medical appointments, education, and general care.

Writing this down now helps your loved ones focus on their own care, not courtroom decisions in the future.

Power of Attorney and Advance Directives

A power of attorney lets someone you trust handle financial support or legal matters if you’re unable to do so. For families with a special needs child, it’s a way to make sure someone can access funds, sign documents, or manage bank accounts on short notice.

Advance directives work the same way for medical choices. They outline your preferences for treatment and name a person to make health care decisions if you can’t.

These documents can be customized under Georgia law so the people you trust have clear authority when it matters most.

Special Needs Trusts in Georgia

A special needs trust (SNT) is one of the most important pieces of estate planning for families with a child who has disabilities. It creates a safe place to hold money or property that can be used for your child’s benefit while keeping their government assistance intact.

First-Party and Third-Party Trusts

There are two main types of special needs trusts in Georgia.

A first-party trust is funded with your child’s own assets, such as a legal settlement or inheritance that was left directly to them. Federal law requires this type of first-party special trust to include a “payback” clause, meaning any funds left when your child passes must first reimburse Medicaid for care costs.

A third-party trust is set up using someone else’s assets — usually a parent’s or grandparent’s. This third-party special doesn’t require a Medicaid payback and can be structured to support your child throughout their life. Families often use this third-party SNTS to hold life insurance proceeds or future gifts so they don’t accidentally interfere with benefit eligibility.

The right trust document depends on your child’s circumstances, life experience, available resources, and long-term care needs. Many families end up using both: one for immediate protection and another for future planning.

Choosing a Trustee

The trustee is the person or institution responsible for managing the trust. They make sure money is spent appropriately, records are kept, and the trust follows all legal rules.

Some parents serve as the first trustee while they’re living, then name a successor to take over when they’re gone. That successor might be a trusted relative, a close friend, or a professional fiduciary like a bank.

What matters most is trust. Choose someone who understands your child’s needs, shares your values, and will make decisions with compassion as well as good judgment. Managing finances is part of the job, but empathy, patience, and consistency matter just as much.

A good trustee helps your child feel secure and keeps your plan running exactly as you intended.

Government Benefits and Eligibility

For many families, government programs form the backbone of their child’s care. Medicaid, SSI, and similar supports cover essentials like healthcare, therapy, and housing — the things that make daily life possible.

Losing those benefits, even temporarily, can be devastating.

Estate planning is ultimately about more than legal documents. The goal is to keep your child’s world steady, safe, and supported long after you’re gone.

Avoiding Disqualification from Benefits

Programs like Medicaid and Supplemental Security Income (SSI) come with strict financial limits. SSI recipients generally can’t have more than $2,000 in countable resources in their own name. A direct gift or inheritance could exceed that limit and cause benefits to stop.

A properly drafted special needs trust helps prevent this. Instead of holding money directly, your child’s funds stay in the trust, where they can be used for extra needs and administered properly without affecting eligibility. That includes things like therapy, education, transportation, and recreation.

The trust acts as a financial buffer, keeping benefits secure while still improving your child’s quality of life.

Reporting Requirements in Georgia

Georgia agencies review benefit eligibility regularly. Families must keep clear records of income, expenses, and trust activity to stay compliant. Reporting errors or missing documentation can delay or suspend benefits.

Working with an attorney who knows Georgia’s reporting rules inside and out makes everything simpler. They’ll show you exactly what to track and how to respond when the state comes calling. With the right guidance and your records in order, you’ll protect the benefits your child counts on and feel more in control.

Guardianship and Alternatives

Turning 18 is a big milestone, but for children with special needs, it can also bring new legal challenges.

Once your child becomes an adult, you no longer have the automatic right to make decisions on their behalf. Estate planning helps families prepare for that transition before it happens.

Limited Guardianship

When an adult needs help managing personal or financial decisions, Georgia courts can appoint a guardian.

In some cases, the court limits that authority to specific areas, like healthcare or finances. This is called limited guardianship. It allows your child to keep as much independence as possible while still having support for important matters.

Georgia court proceedings prefer limited arrangements when they fit the person’s needs. The goal is to protect your child’s well-being without taking away more freedom than necessary.

A carefully designed guardianship plan gives everyone peace of mind. Your child has guidance, and you know they’re protected across a broad range of situations.

Supported Decision-Making

Not every family needs formal guardianship. Some children can make most of their own decisions with the right support in place.

Supported decision-making is a newer approach that gives individuals the help they need to understand choices and communicate them clearly, without removing their rights.

How to Begin Estate Planning

Creating an estate plan for your child with special needs doesn’t have to happen all at once. It starts with small, intentional steps.

The more organized you are now, the easier it becomes to build a plan that truly fits your family.

Gathering Information and Documents

Start by writing down the details of your child’s life and care. Include:

A list of countable assets, income sources, and benefits your child receives
Medical records, diagnoses, and care plans
Contact information for doctors, therapists, primary caregivers, and family members involved in their support

You can also create a simple care notebook or digital folder that keeps everything in one place. This helps future caregivers, guardians, or trustees understand your child’s daily routines and specific needs.

Consulting with Experienced Attorneys

Estate planning for special needs children is complex, and every family’s situation is different.

An Atlanta estate planning attorney who understands Georgia’s laws can guide you through each document ( whether that’s a special needs trust, will, or guardianship plan) and help avoid mistakes that could affect benefits or care.

When your legal team truly knows Atlanta, you gain the best legal support. They will connect you with financial planners, community programs, and resources built to help families with unique needs like yours. With the right help, you’ll feel assured that your plan covers every piece of your family’s life.

Protecting Their Future, One Step at a Time

Planning for a child with special needs can feel like a mix of love, worry, and responsibility all rolled into one. You want to protect their future, but the path isn’t always simple. Estate planning gives that future shape and turns uncertainty into a plan, and that plan into peace of mind.

With the right tools in place, your child’s care doesn’t have to depend on circumstance or luck. It can be guided by your wishes, supported by law, and carried out by people who truly understand their needs.

If you’re ready to take that next step, The Edwards Law Group is here to help. Our Atlanta based team works with families across Georgia to create thoughtful, personalized estate plans that secure the care and stability every child deserves.

You’ve spent every day fighting for your child’s well-being. Let us help you secure it for the future. Contact us today!

Estate Planning for Parents of Special Needs Children