Are you hoping to protect the well-being of an adult with special needs in Georgia? We at Burgess & Christensen want each individual to retain important benefits and have the resources needed to thrive.
For over 40 years, our team has developed caring legal strategies to address the hurdles faced by those living with disabilities, offering support that honors each family’s goals and circumstances.
Special Needs Planning in Georgia
Special Needs Planning centers on financial and legal strategies designed to preserve an adult’s eligibility for benefits like Medicaid or Supplemental Security Income (SSI). These programs often have strict restrictions regarding income and assets. Inheriting funds outright can place an individual above those thresholds, blocking access to vital coverage.
At Burgess & Christensen, we understand the struggles that can arise when families try to protect a loved one’s public benefits. By drafting effective planning documents, we help establish safeguards that nurture quality of life alongside important support systems.
We take the time to honor each person’s specific situation, considering what kind of care they require, how their living expenses might shift over time, and which legal tools can provide the best outcomes. That way, families can breathe easier, knowing that the resources are in place for their loved one’s future.
Essential Components of a Special Needs Plan
Families often ask what types of tools can enhance the well-being of their loved ones. Below are a few common elements that strengthen a plan to protect eligibility and maintain a fulfilling life.
Special Needs Trusts (SNTs)
A Special Needs Trust is a popular choice for families looking to contribute resources while preventing the loss of government benefits. Whether funded with family assets (third-party) or the individual’s own funds (first-party), SNTs keep distributions under careful oversight. This protects eligibility for Medicaid and SSI while paying for items that boost everyday comfort.
In many cases, an SNT covers expenses not paid by public programs. That might include hobbies, home furnishings, or unique therapies. These added comforts can make a meaningful difference for those living with disabilities.
ABLE Accounts
ABLE (Achieving a Better Life Experience) accounts enable certain individuals with disabilities to save money for qualified expenses without losing essential benefits. Contributions to an ABLE account can come from friends, family, or the individual, subject to annual limits. Funds grow tax-free and can be used for a variety of disability-related expenses, such as assistive technology or training courses.
Guardianship or Conservatorship
Some adults may need a designated individual who can help with health decisions, finances, or both. A guardianship covers personal decisions, such as where the person lives or what kind of medical care they receive. Conservatorships handle financial tasks, allowing a trusted person to oversee accounts, pay bills, and budget responsibly.
These legal roles can stand alone or work in tandem, based on the person’s functional capacity. Each requires a court appointment, which can provide peace of mind that someone is looking out for the individual’s interests.
How Burgess & Christensen Supports Clients with Special Needs Planning
Families deserve practical guidance when designing a plan for an adult with disabilities. Our approach involves personalized counsel, step-by-step education, and a thorough review of all potential legal avenues.
Comprehensive Needs Assessment
We begin by exploring the individual’s daily routines and likely future requirements. This includes looking at medicalconditionss, current living conditions, and supportive services. Our attorneys also review existing financial data to see how to balance private resources with public benefits. This thorough preparation helps us shape a plan that matches the family’s intentions.
Special Needs Trust Creation and Management
Special Needs Trusts (SNTs) protect a disabled individual’s access to public programs by holding and distributing assets under specific guidelines. If relatives wish to offer resources for the beneficiary, an SNT can shield those funds from counting as the disabled person’s own assets. Our firm assists with trust creation, advising on whether a third-party SNT or a first-party SNT aligns with the individual’s circumstances.
Guardianship and Conservatorship Guidance
When an adult has limited ability to make decisions, formal legal arrangements may be necessary. A guardian can be appointed to handle personal and medical choices. A conservator, on the other hand, oversees financial matters. We review all relevant information to see whether these arrangements would best serve the person’s interests.
Coordination of Benefits and Resources
SSI, Medicaid, private insurance, and other programs can supplement each other. We examine which benefits apply under your particular circumstances, then guide you on how to maximize benefits. In many cases, families discover that combining multiple sources of assistance is the most practical way to support a disabled individual’s housing, daily care, and medical treatment.
For those who already receive certain benefits, we advise on ways to retain eligibility while accepting financial gifts or inheritances. This customized planning can save considerable stress down the road.
Why Choose Burgess & Christensen for Special Needs Planning?
Our commitment to clients shows in the level of care we offer at every step. We focus on shaping the best plan so families can grow with confidence. Below are a few reasons to consider working with our team:
● Decades of Experience: We bring more than 40 years of involvement in Social Security Disability and Adult Guardianship needs.
● Personalized Attention: We take time to hear your story and craft legal steps that fit your exact situation.
● Strong Advocacy: We stand firm in defending your loved one’s comfort, protection, and financial security.
● Recognized Leadership: Attorney Anjel Burgess has received repeat honors from Thomson Reuters’ Super Lawyers, a recognition earned by only a small group of Georgia attorneys.
Contact Burgess & Christensen for Guidance
We’re here to discuss how a carefully designed plan can secure a higher quality of life for your loved one with special needs. Feel free to call us at 770-422-8111 or visit our Contact Us for more information. Let us help you select thoughtful strategies that protect your family’s future while preserving vital benefits.