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!

You think the hard part is over once you sign the divorce papers. Then a notice arrives in the mail. Your health coverage is ending, and the clock is ticking. For many Atlanta Georgia families, that moment hits harder than expected.

Divorce changes more than your living arrangements and bank accounts. It can disrupt the very safety net that protects you and your children’s health. In Georgia, nearly half of residents rely on employer-sponsored coverage. So when a marriage ends, that coverage often does too. Without quick action, you could face a gap in coverage and steep out-of-pocket medical costs.

Health insurance rarely tops the to-do list during a divorce or estate review. Yet it plays a direct role in your financial stability, your estate plans, and your ability to care for those who depend on you.

This article breaks down:

• Understanding Health Insurance After Divorce
• Why Health Insurance Matters in Divorce
• How Health Insurance Works in Your Divorce and Estate Plan
• Steps to Protect Your Health Coverage
• Legal Guidance for Complex Situations

Understanding Health Insurance After Divorce

Health insurance often changes the moment a divorce becomes final. If you were covered as a dependent on your spouse’s plan, that coverage usually ends within 30 days.

For many Georgia families, that means finding new insurance fast to avoid a gap in care and unexpected medical bills.

Common Coverage Changes After Divorce

In most Georgia divorces, one spouse carries the employer-sponsored plan for the household. Once the marriage ends, the dependent spouse and stepchildren typically lose access. Children can often remain on a parent’s plan, but ex-spouses cannot stay on a group policy through the other’s employer.

Key things to know:

• Dependent coverage for an ex-spouse ends once the divorce is finalized.
• Employer plans may allow children to stay covered under one parent’s policy.
• Stepchildren’s eligibility often depends on legal guardianship or adoption status.
• You cannot be added back to your former spouse’s plan once removed.

Factors That Shape New Insurance Needs

Your next steps depend on age, employment status, health needs, and income. A self-employed parent or someone between jobs may need to buy a plan through the Georgia Health Insurance Marketplace.

These plans can cost more than group coverage. Missing enrollment deadlines can mean waiting until the next open period, leaving you without protection.

Things to consider when choosing coverage:

• Employment status: If you’re between jobs, you may need short-term or marketplace coverage.
• Health conditions: Ongoing care or prescriptions require continuous coverage.
• Income level: Determines subsidy eligibility through the marketplace.
• Enrollment deadlines: Special enrollment windows after divorce are limited, often to 60 days.

Why Health Insurance Matters in Divorce

Losing health insurance after a divorce is more than an inconvenience. It can leave you and your family vulnerable to high medical bills and interruptions in care. The financial and health impacts ripple out to children, dependents, and even your long-term estate plans.

Gaps in Coverage and Medical Costs

Even short lapses in coverage can lead to significant expenses.

Without insurance, emergency room visits, urgent care, and ongoing treatments become costly risks. In Georgia, an ER visit can average more than $1,500, an amount that can strain most family budgets without warning.

Key risks of going uninsured:

• High out-of-pocket costs for emergency or hospital care
• Interrupted treatment for chronic conditions
• Limited access to preventive care, which can lead to bigger problems later
• Potential impact on credit and savings if bills go unpaid

Effects on Children and Dependents

Children’s health coverage is a top priority in Georgia divorces. Courts often require that a parent maintain insurance for minor children.

If the custodial parent loses coverage, confusion can arise over who is responsible for replacing it. Dependents with ongoing medical needs face even greater stakes, as any lapse can disrupt critical care.

Points to keep in mind:

• Court orders may dictate which parent must provide coverage
• Losing coverage for a child can lead to legal disputes or contempt charges
• Children with special needs or chronic conditions require uninterrupted insurance
• Coordinating coverage between parents helps avoid overlapping costs or gaps

How Health Insurance Works in Your Divorce and Estate Plan

Health insurance decisions during divorce should connect directly to your estate planning strategy. Many people focus on dividing property or updating wills, but medical coverage is also a cornerstone of financial stability and protection for loved ones.

Unexpected medical bills can drain savings and derail plans for your children or other beneficiaries. Continuous coverage after divorce safeguards assets and helps keep your estate plan intact.

An estate plan should also include clear instructions for medical decision-making if you cannot speak for yourself. Divorce is the time to update advance directives, powers of attorney, and living wills. Your former spouse may no longer be the right choice as a healthcare proxy.

Steps to Protect Your Health Coverage

Don’t risk a lapse in coverage. Here’s how to prevent that from happening.

Review Existing Policies

Before the divorce is finalized, review every health insurance policy you and your spouse have.

Note who provides the coverage, the costs as a single subscriber, and which family members are listed as dependents. Clarify how children’s insurance will be handled, as Georgia courts often split responsibility by court order.

Negotiate Coverage in the Divorce Agreement

Discuss health insurance needs during settlement talks. Decide which parent will provide coverage for children and whether financial support will be provided for premiums.

A written agreement reduces the chance of disputes later and creates a clear path forward.

Track Deadlines and Enrollment Windows

Special enrollment periods through COBRA or the Georgia Health Insurance Marketplace are often limited to just 60 days after your coverage ends.

Missing that window can leave you uninsured until the next open enrollment period.

Legal Guidance for Complex Situations

Not every divorce follows a simple path. Some cases require extra care when structuring health insurance and estate planning solutions.

Special Considerations for Non-Traditional Families

Blended families, stepchildren, and adopted children can face extra hurdles when it comes to post-divorce health coverage.

Georgia’s eligibility rules for dependents vary based on legal guardianship and adoption status. LGBTQIA couples should review all legal documents to confirm that healthcare responsibilities and dependent coverage are clearly defined under Georgia law.

High-Conflict or High-Asset Divorces

When a divorce is contested or involves substantial assets, disputes over health insurance premiums, coverage responsibility, and ongoing medical needs can quickly escalate.

In these situations, working with both a family law attorney and an insurance professional helps create agreements that are clear, enforceable, and financially sustainable.

When to Seek Professional Help

You should consider getting legal guidance if:

• You are negotiating coverage for children with special medical needs.
• Your divorce involves property division tied to medical or insurance benefits.
• You anticipate disputes about premium payments or coverage responsibilities.
• You are updating complex estate plans alongside divorce proceedings.

An experienced Atlanta divorce attorney can help you protect your rights, meet court requirements, and avoid costly mistakes. Coordinating health insurance planning with your divorce and estate strategy helps to protect your family’s financial security from every angle.

Planning Beyond the Paperwork

Divorce changes more than your marital status. It reshapes how you protect your health, your family, and your future. Health insurance may seem like a small detail compared to dividing assets or updating legal documents, but it is the thread that ties together financial security and personal well-being.

Treating it as an afterthought risks unraveling the stability you are working to preserve.

The most effective plans create a stronger foundation for the next. That means anticipating needs, avoiding gaps, and putting the right protections in place long before a crisis forces your hand.

If you’re facing divorce in Georgia or updating your estate plan, The Edwards Law Group can guide you through every step. Our team understands how to integrate health insurance decisions into your legal strategy so you can move forward with confidence. Schedule a consultation to protect what matters most. Contact us today!

Deciding to get a divorce is never an easy decision. It can be emotionally challenging and take a toll on both parties involved. At The Edwards Law Group, we understand how overwhelming and stressful getting a divorce can be. That’s why we are here to provide you with the legal advice and assistance you need during this difficult time. Our experienced divorce attorneys and team in Atlanta is committed to helping you navigate the divorce process with ease and confidence.

If you are considering getting a divorce in Atlanta, there are several questions you should ask yourself to determine whether it is the right decision for you. These questions will help you gain clarity and insight into your situation, and make an informed decision about your future.

Should I Get a Divorce Checklist: 5 Questions to Ask Yourself

Question 1: Where do you see yourself in 5 years? 10 years?

One of the most critical questions to consider when deciding whether to get a divorce is where you see yourself in the future. What are your goals, dreams, and aspirations? How does your current marriage fit into those plans? It’s essential to take a step back and evaluate whether your marriage is helping or hindering your progress toward your future goals.

If your marriage as an obstacle to achieving your long-term goals, it may be time to consider a divorce. However, if you see your marriage as an integral part of your future, it may be worth putting in the effort to make things work.

Question 2: Has communication broken down in the marriage?

Communication is a vital component of any successful marriage. If communication has broken down in your marriage, it can lead to misunderstandings, resentment, and frustration. It’s crucial to assess whether your communication breakdown is temporary or permanent, and whether it is possible to resolve it.

If you feel that communication has broken down irreparably, it may be time to consider a divorce. However, if you believe that there is a chance for improvement, seeking counseling or therapy may be a good option to help rebuild communication.

Question 3: How do you see the relationship healing? Can it heal?

If you are considering a divorce, it’s important to assess whether there is a possibility of healing your relationship. Do you still love your spouse, and do you believe that they still love you? Is there a mutual desire to repair the relationship, or has that ship sailed?

Ask yourself if your spouse is willing to work on the relationship with you. Have they acknowledged the issues in the marriage and expressed a desire to work on them? Are they willing to attend counseling or therapy to work through these issues?

If you both are willing to work together and commit to repairing the relationship, it’s possible that your marriage can be saved. However, if one partner is not willing to put in the effort, it may be time to consider ending the marriage.

Question 4: Have you talked about divorce with your spouse?

Before making a final decision about divorce, it’s important to have an open and honest conversation with your spouse about your feelings and concerns. This can be a difficult conversation to have, but it’s crucial to ensure that both partners are on the same page and understand each other’s perspectives.

When having this conversation, it’s important to listen to your spouse’s concerns and be willing to compromise if possible. Keep in mind that communication is key, and you should try to keep the conversation as calm and respectful as possible.

If you and your spouse are not on the same page about the future of your marriage, it may be time to consider a divorce. However, if you can come to a mutual agreement about how to move forward, it may be worth putting in the effort to make things work.

Question 5: Did your spouse cheat on you?

Infidelity can be a significant blow to any marriage. If your spouse has cheated on you, it can lead to feelings of betrayal, anger, and hurt. It’s important to assess whether you can forgive your spouse and move forward together or whether the infidelity has irreparably damaged your relationship.

If your partner has cheated and you’re not sure if you can forgive them, it may be worth considering counseling or therapy to work through the issue together. However, if the infidelity is something you can’t forgive or move past, it may be time to consider ending the marriage.

Let an Atlanta Divorce Lawyer Help You with Your Decision

Divorce is a major decision that should not be taken lightly. It’s important to consider all factors before making a final decision, including where you see yourself in the future, the state of communication in your marriage, how you see the relationship healing, whether you’ve talked about divorce with your spouse, and if there has been infidelity.

If you’re considering divorce and need legal advice or assistance, The Edwards Law Group is here to help. Our experienced Atlanta divorce attorney can provide guidance and support throughout the process, ensuring that your rights are protected and your best interests are served.

Divorce is a life-changing decision that affects not just you but everyone in your family. You must not come to this decision hastily. It is best to consult with a divorce lawyer in Atlanta if you’re considering divorce and stay open to the possibilities and other options that may be more suited for you and your family’s situation. Contact us today to schedule a consultation and take the first step toward a better future.

Emotional abuse is one of the invisible aspects of divorce. What do we mean by this? Well, emotional abuse might not leave any visible scars, but it can be as damaging to you mentally, as physical abuse. Many women, and men too, know that emotional and physical abuse is a nightmarish ordeal that often leads to a dissolution of marriage. Regardless of whether the abuse during a marriage was emotional or physical, we’ve often seen this being used as the reason one spouse files for divorce. 

Examples of emotional abuse during a marriage

Abuse is all about power. Through yelling, bickering, bullying, gaslighting, and other tactics the abuser can begin to wear down the victim. Slowly, an unhealthy power dynamic is created of abuser and victim. Feelings of inadequacy, fear, shame, or worthlessness can develop and a person might not know how to get out of this unhealthy cycle. 

Emotional abuse often includes verbal threats. These could be threats of violence both physical and otherwise, they could also be threats of humiliation. For example, an abusive spouse might threaten public shaming. Many victims describe the torture are nauseating and the physical symptoms are very real.

Children can be affected by this. Not being old enough to understand, they could mimic abusive behavior. Likewise, they could also react differently and become depressed, reserved, or problematic at school.

How victims of abuse divorce their spouse

When a victim decides it’s time to divorce, they often know that the abuse might get worse. How so? Well, once divorce is filed the abuser might continue to verbally torment their former spouse. Text, phone calls, emails, etc. Even stalking or manipulating their children can occur. 

Make sure to save all physical evidence of abuse. This will help you and your legal team prepare for a strong presentation of your case.

It’s also important to get these pieces of evidence in order to file a restraining order. Temporary Protective Orders in Georgia, also known as a TPO, are able to be requested within a day. You must allege that a domestic partner, like a spouse, either physical assaulted you or threatened to do so.

Emotional abuse and Child Custody

Judges consider several different factors when granting custody of a child to a parent. Even though the abuse might not be directed at the child, it is important that the judge be presented with evidence of the abuse so it can be considered when making a determination of which parent should have custody of the child. For example, judges take into consideration the mental health of each parent, their stability, any history of domestic abuse. Oftentimes abused spouses are scared to speak up for themselves – and their children – and risk losing custody. 

Your attorney’s role in explaining to the court the trauma of the abuse is absolutely crucial during this stage. You probably don’t want your abusive spouse to gain serious custody over your child or children.

Contact The Edwards Law Group Today

If you’re located in Atlanta, Marietta, Alpharetta, Johns Creek, Lawrenceville, or anywhere in the Metro Atlanta area, and are looking for an experienced divorce attorney contact us today.