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How Does a Trust Impact My Eligibility for Government Programs in Georgia?

Posted by Joel Beck | Nov 15, 2023 | 0 Comments

Estate planning is a vital aspect of ensuring that your assets are managed according to your wishes, both during your lifetime and after your passing. Trusts are a common tool in estate planning, offering several benefits. However, one common concern for individuals considering trusts is how they might affect their eligibility for government programs. In this article, we will explore the impact of trusts on government program eligibility and provide valuable insights to help you make informed decisions.

Understanding Trusts

A trust is a legal arrangement where one party, the trustee, holds and manages assets on behalf of another party, the beneficiary. Trusts come in various forms, each designed to serve specific purposes, such as revocable living trusts, irrevocable trusts, and special needs trusts. They are commonly used to protect and distribute assets, manage property, and provide for loved ones. Many people worry that establishing a trust may jeopardize their eligibility for government programs like Medicaid, Supplemental Security Income (SSI), or other assistance programs. However, the effect of a trust on program eligibility depends on the type of trust and the specific program's regulations.

It's essential to recognize that a well-structured trust can often enhance your financial security, ensuring that your assets are used to support you and your loved ones, all while preserving your eligibility for crucial government benefits. The key lies in understanding the intricacies of the trust and program rules, which is where professional guidance becomes invaluable.

Medicaid Eligibility and Trusts

Medicaid is a critical program that provides healthcare coverage to low-income individuals and families. When it comes to Medicaid eligibility, 3 main types of trusts are considered.

  1. Revocable Living Trusts: Assets in a revocable living trust are generally counted as part of the individual's resources when determining Medicaid eligibility. This is because the trust can be revoked or changed at any time, giving the individual control over the assets.
  2. Irrevocable Trusts: Irrevocable trusts, on the other hand, can protect assets from Medicaid resource calculations, as they are considered separate legal entities. However, transferring assets into an irrevocable trust may generally have a "look-back period" during which the assets are still considered part of the individual's resources. It's essential to understand this period to avoid penalties.
  3. Special Needs Trusts: Designed to provide for individuals with disabilities without affecting their eligibility for government programs. These trusts can be used to cover supplemental expenses, like travel or hobbies, that government assistance programs might not cover. By using a special needs trust, sometimes called a supplemental needs trust, individuals can maintain their eligibility for programs like SSI while still benefiting from the assets held in the trust.

Working with an Estate Planning Attorney

Navigating the complexities of trusts and government program eligibility can be challenging. Seeking the guidance of an experienced estate planning attorney, such as us, is crucial. We can help you create a trust that aligns with your goals and ensures compliance with government regulations. When selecting an attorney, opt for one with a strong background in estate planning and extensive experience with Georgia's specific laws and regulations. Our knowledge can make a significant difference in the effectiveness of your estate plan.

Peach State Wills & Trusts Can Help You

Trusts can significantly impact your eligibility for government programs, but the extent of the impact depends on the type of trust and the program in question. To plan effectively, it is essential to consult with an estate planning attorney who can provide tailored advice based on your individual circumstances. Planning for your family's financial future, especially if you have loved ones with special needs, is a priority. Contact Peach State Wills & Trusts at 678-344-5342 to learn how to plan for government program eligibility in Georgia today.

If you have any questions about estate planning in Georgia, you can download our free guide here, no strings attached. Our team is here to guide you through the process, ensuring your estate plan aligns with your wishes and protects your family's future.

About the Author

Joel Beck

Joel Beck founded The Beck Law Firm, LLC in 2007. His firm focused on business law and estate planning needs of clients, two areas that he was drawn to based upon personal and business experiences in his life, including a ten-year career at NASD (now known as FINRA).


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