Medicaid Planning Attorney in Atlanta, Georgia - Estate Planning Attorneys Atlanta

What Is Medicaid Planning in Georgia

Medicaid planning is the legal process of organizing your assets so you can qualify for Georgia Medicaid long-term care benefits while preserving as much of your estate as possible for your family. It is time-sensitive work — the rules are complex, the lookback period is five years, and the window for meaningful planning closes the moment you need care.

Nursing home care in Georgia costs an average of $9,000 or more per month. Assisted living runs $3,000 to $6,000 per month. Most families cannot sustain those costs for more than a few months before savings are exhausted.

Georgia Medicaid covers long-term care costs for residents who meet financial eligibility requirements. But the requirements are strict. A single applicant can have no more than $2,000 in countable assets to qualify. Everything above that — savings accounts, investment accounts, a second home — must be spent on care before Medicaid will pay.

This spend-down requirement is the problem Medicaid planning solves. By restructuring your assets before you need care — using legally permitted strategies under Georgia and federal Medicaid rules — you can qualify for benefits while preserving assets for your spouse or your children.

The critical constraint is time. Georgia Medicaid reviews all asset transfers made in the five years before your application. Transfers made within that window are penalized — Medicaid imposes a period of ineligibility equal to the value of the transfer divided by the average nursing home cost. The earlier planning begins, the more options are available. The longer you wait, the fewer options remain.

$9,000+ average monthly nursing home cost in Georgia

5 year Medicaid lookback period for asset transfers

$2,000 maximum countable assets allowed for Medicaid eligibility in Georgia

Medicaid Planning Strategies in Georgia

Medicaid Asset Protection Trust

A Medicaid Asset Protection Trust (MAPT) is an irrevocable trust that removes your home and savings from your countable estate for Medicaid purposes. After the five-year lookback period, assets held in the trust are not counted toward Medicaid eligibility. You can still receive income from the trust during your lifetime, and the assets pass to your beneficiaries at death without going through probate.

The MAPT is the most powerful Medicaid planning tool for Georgia residents who are planning ahead. It requires a five-year lead time to be effective, which is why early planning matters.

Spousal Protection Planning

When one spouse enters a nursing home and applies for Medicaid, the other spouse — called the community spouse — is entitled to retain a portion of the couple’s assets under federal law. Georgia follows the federal Community Spouse Resource Allowance (CSRA), which allows the community spouse to keep up to approximately $148,620 in assets (2024 figure, adjusted annually). Planning strategies can maximize the amount protected for the community spouse.

Crisis Medicaid Planning

If a family member needs nursing home care immediately and no advance planning was done, options are limited but not zero. Crisis planning strategies — including the conversion of countable assets to exempt assets, the use of Medicaid-compliant annuities, and spousal refusal strategies — can still produce meaningful asset protection even without a five-year runway. Melissa Breyer evaluates each situation individually to identify every available strategy.

Home Exemption Planning

Your primary residence is generally exempt from Medicaid eligibility calculations while you are alive. However, Georgia’s Medicaid Estate Recovery Program (MERP) can place a lien on your home after your death to recover benefits paid on your behalf. Planning strategies — including transferring the home to a MAPT or adding the right ownership structure — protect the home from estate recovery.

Without a Trust

Must spend down savings to $2,000 before Medicaid pays for care
Home subject to Medicaid estate recovery lien after death
Spouse may lose most of the couple's joint savings
Five-year lookback penalizes unplanned asset transfers
No planning options once care is needed without advance preparation

With a Trust

Assets in MAPT protected from Medicaid spend-down after five years
Home protected from estate recovery through proper planning
Community spouse retains the maximum allowable assets under federal law
Planned transfers completed before the five-year lookback window
Crisis planning options identified when time is short

How It Works

1

Schedule Your Free Call

Book your 60-minute free strategy call with Melissa. Credited toward your estate plan.

2

Meet With Melissa

Melissa reviews your assets, your family situation, and your exposure. Virtual or in-person.

3

Get Your Plan

Receive a written plan with clear recommendations for protecting your family and your assets.

4

Move Forward

No pressure, no commitment required. Move forward when you are ready.

Melissa Breyer

Georgia Estate Planning Attorney

Frequently Asked Questions

How does Georgia Medicaid determine what assets I can keep?

Georgia Medicaid divides assets into countable and exempt categories. Countable assets — savings accounts, investment accounts, second homes, and most other assets — must be reduced to $2,000 or less for a single applicant to qualify. Exempt assets — your primary home (if you intend to return), one vehicle, household goods, and certain prepaid funeral arrangements — are not counted. The goal of Medicaid planning is to convert countable assets into exempt assets or protected structures before applying.

What is the five-year Medicaid lookback period?

Georgia Medicaid reviews all asset transfers made in the five years before you apply for long-term care benefits. If you gave away assets or transferred them to a trust within that window, Medicaid imposes a penalty period — a period of ineligibility — calculated by dividing the value of the transferred assets by the average nursing home cost. Assets transferred more than five years before your application are not subject to the penalty. This is why early planning is essential.

Can my spouse keep the house if I go into a nursing home?

Yes. The primary residence is generally exempt from Medicaid eligibility calculations as long as the community spouse (the spouse at home) still lives there. However, after both spouses die, Georgia's Medicaid Estate Recovery Program can place a lien on the home to recover benefits paid. Proper planning — including transferring the home to a Medicaid Asset Protection Trust — protects the home from estate recovery.

Is it too late to do Medicaid planning if my family member already needs care?

Not necessarily. Crisis Medicaid planning — done when nursing home placement is immediate or imminent — is more limited than advance planning, but options exist. These include converting countable assets to exempt assets, using Medicaid-compliant annuities, and in some cases, spousal refusal strategies. Melissa Breyer evaluates each situation individually. Even in a crisis, early contact with an attorney produces better outcomes than waiting.

Does Medicaid planning affect Medicare?

Medicare and Medicaid are separate programs with different coverage. Medicare pays for short-term skilled nursing facility care after a qualifying hospital stay — up to 100 days with specific coverage limits. It does not cover long-term custodial care. Medicaid covers long-term care for eligible recipients. Medicaid planning addresses Medicaid eligibility and does not affect Medicare coverage.

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