Medicaid Planning Attorney in Atlanta, Georgia
Plan for Georgia Medicaid Before the Lookback Clock Starts
Georgia Medicaid covers nursing home care — but only after you meet strict asset and income limits. Medicaid planning structures your assets and income in advance so your family qualifies for benefits without spending everything first.
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How Georgia Medicaid Long-Term Care Eligibility Works
Georgia Medicaid long-term care benefits have two tests: an asset test and an income test. Both must be met before benefits begin. Medicaid planning addresses both — within the rules — before a nursing home admission makes the timeline impossible. The families who protect the most are the ones who planned before a crisis, not after.
What Happens Without Medicaid Planning
Without Medicaid planning, a Georgia nursing home admission triggers an immediate spend-down. The nursing home bills the family at private-pay rates — $8,000 to $10,000 per month — until countable assets are below $2,000 for an individual, or $154,140 for the community spouse. Retirement accounts, investment accounts, and bank savings all count. The primary residence is exempt while you or your spouse lives in it, but becomes subject to Medicaid estate recovery at death.
Families who call us after a nursing home admission have fewer options. The five-year lookback examines every past transfer. Gifts to family made in good faith in the prior five years create penalty periods. There is still planning that can be done after admission — but the options are constrained by how late the planning started. Every month of delay reduces the assets that can be protected.
What Georgia Medicaid Planning Covers
Medicaid planning is a coordinated strategy that addresses both the asset test and the income test within the rules Georgia Medicaid uses to evaluate applications. The primary asset protection tool is the Medicaid asset protection trust, which removes assets from your countable estate after the five-year lookback period. Income planning addresses the community spouse’s income rights and the use of permitted financial instruments.
Planning also covers the documents your family needs to manage a care transition: the durable financial power of attorney that lets your agent handle the application and asset restructuring, the advance healthcare directive that lets your healthcare agent coordinate with the facility and medical team, and the trust documents that protect assets before and at death. We coordinate the full plan as a single engagement rather than separate transactions that must be reconciled when a crisis arrives.
Without a Trust
- Private-pay nursing home costs exhaust savings before Medicaid begins
- Assets in your name count toward the spend-down limit with no exceptions
- The home is subject to Medicaid estate recovery at death
- Transfers made in the five years before application create penalty periods
With a Trust
- Assets in a MAPT are removed from the spend-down calculation after five years
- Community spouse income and asset protections are maximized within Medicaid rules
- Proper Medicaid application support reduces approval delays
- The home and protected assets pass to your family outside estate recovery
How It Works
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Melissa Breyer
Georgia Estate Planning Attorney
Melissa Breyer is a Georgia-licensed estate planning attorney focused exclusively on trust-based planning for individuals and families. She personally meets with every client and designs every plan from scratch. No templates. No associates handling your case. Every plan is built for your specific family, your specific assets, and your specific wishes.
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What Our Clients Say
The whole process of creating a family trust felt simple, clear, and stress-free. We really appreciated how patient, helpful, and easy to communicate with the team was throughout everything. Shawn and Melissa gave us great guidance and helped us feel confident every step of the way. We're grateful for their support and would definitely recommend them.
After my father passed away, my mother had to rely on my father's employer to navigate the estate. It was a disaster. After this experience, I knew I needed a plan. I turned to Atlanta Estate Planning Attorneys to set up a trust. I no longer have to worry about my wife and children going through a difficult process if something happens to me. I highly recommend Atlanta Estate Planning Attorneys!
My biggest fear was that if I died first, my wife would have no idea how to navigate the estate and legal system. I reached out to Atlanta Estate Planning Attorneys and they put my mind at ease immediately. Their process is easy to follow and they took care of everything. Atlanta Estate Planning Attorneys is the best decision I've made for my family's future.
Working with Melissa Breyer to set up our Living Trust was one of the best decisions Scott and I have made. We did this so our boys are protected from confusion and chaos if something happens to us. Melissa was knowledgeable, patient, and made what felt overwhelming completely manageable. I would absolutely recommend Melissa Breyer.
Working with Shawn and Melissa at Atlanta Estate Planning Attorneys has been an excellent experience. They asked great questions during our initial call and clearly explained what we needed. We feel confident we're in good hands and would highly recommend them.
Frequently Asked Questions
Georgia Medicaid long-term care benefits require meeting three tests. The functional test requires a level of care assessment confirming need for skilled nursing facility placement. The asset test requires countable assets of $2,000 or less for an individual, or up to $154,140 for the community spouse of a couple (2025 figure). The income test requires that monthly income falls within Medicaid’s allowable limits — Georgia uses an income cap, and an applicant whose income exceeds it can qualify through a Qualified Income Trust (Miller trust). All three tests must be met simultaneously at the time of application for benefits to begin.
Georgia Medicaid counts all assets you own and can access — called countable assets. Countable assets include checking and savings accounts, certificates of deposit, stocks, bonds, mutual funds, most retirement accounts (IRAs and 401(k)s), investment real estate, and cash value life insurance above $1,500. Exempt assets include the primary residence while the applicant or community spouse lives in it, one vehicle, personal property and household goods, irrevocable prepaid burial arrangements, and term life insurance with no cash value. Assets held in a properly funded Medicaid asset protection trust that has passed the five-year lookback are also not counted.
Georgia uses an income cap for nursing home Medicaid eligibility. In 2025, the income limit is $2,901 per month (300% of the SSI federal benefit rate). If your gross monthly income exceeds that amount, you can still qualify by establishing a Qualified Income Trust (QIT), also called a Miller trust — an irrevocable trust that receives your excess income each month, allowing the remainder to be applied to your share of the nursing home cost. An attorney must draft and establish the QIT before your Medicaid application is submitted. It cannot be created retroactively after benefits are denied.
Yes, but only if those transfers were completed more than five years before your Medicaid application. Georgia Medicaid applies a 60-month lookback to all asset transfers made for less than fair market value. Gifts to children within that window create a penalty period — months during which Medicaid will not pay for care — calculated based on the amount given and the average monthly nursing home cost. There are some exempt transfers: to a blind or disabled child, to a caregiver child who lived with you, or under specific circumstances. Gifts made outside the lookback window carry no penalty. This is why the timing of transfers is the most critical variable in Medicaid asset planning.
Georgia Medicaid long-term care applications are submitted through the Georgia Department of Community Health or through the nursing facility’s social worker. The application requires documentation of identity, citizenship, income sources, asset documentation (bank statements, investment statements, property records for the past five years), and a level of care determination. The application review period takes 45 days. During that period, Medicaid reviews five years of financial records for disqualifying transfers. We assist with application preparation, document gathering, and asset verification — and coordinate the legal documents your agent needs to manage the process on your behalf.
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