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Georgia Medicaid Asset Protection Trust

Protect Your Home & Savings from Long-Term Care Costs

Serving Atlanta and all of Georgia. Our attorney-prepared Medicaid Asset Protection Trust (MAPT) helps Georgia families qualify for Medicaid sooner (when timed correctly) while protecting the home and life savings from nursing-home spend-down and estate recovery. Transfers stay private (when titled properly) and your spouse can be better protected.

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Why Georgia Families Use a Medicaid Asset Protection Trust

Without planning, long-term care can drain what you’ve built. A Georgia MAPT addresses the fears we hear every day:

  • “Will a nursing home take our savings?”
    Care is expensive. Without a plan, families often spend down assets first.
  • “Will we fail Medicaid’s low asset limits?”
    MAPTs are designed so assets can become non-countable after the look-back period.
  • “What if we get penalized for gifting?”
    The 5-year look-back reviews transfers. MAPTs are built to plan early and avoid last-minute mistakes.
  • “Can Medicaid take our house after we die?”
    Estate recovery can claim assets. Properly funded trusts can help keep the home in the family.
  • “Will my healthy spouse be impoverished?”
    Proper planning can better safeguard a spouse’s housing and resources.
  • “What about privacy and family conflict?”
    Clear instructions reduce confusion, keep matters out of public court, and prevent fights.

Want to protect the home and savings before it’s too late? Book your free call.

What a Georgia Medicaid Asset Protection Trust Does

  • Protects the principal (home and savings) from spend-down and, if structured correctly and funded in time, from Medicaid estate recovery.
  • Makes assets non-countable for Medicaid after the look-back period, so you can qualify for benefits without first spending everything.
  • Lets you keep income from trust assets (typical “income-only” design) while shielding principal.
  • Sets rules for heirs (ages, milestones, special-needs) so inheritances aren’t squandered or lost in divorce/creditor claims.
  • Keeps things private and can avoid probate for assets titled to the trust.
  • Coordinates with taxes (we work with your CPA on grantor/non-grantor status and potential step-up in basis).

Important: MAPTs require giving up personal control over the principal to gain protection.

If you want to keep control but avoid probate, see our Revocable Trust (Essentials Plan) instead.

What’s Included (MAPT Package)

Custom Irrevocable Trust (Georgia)

  • Income-only design, spendthrift protections, trustee/trust-protector options
  • Clear beneficiary instructions (ages, milestones, special-needs language)
  • Right-to-reside/home use provisions where appropriate

Implementation & Funding Guidance

  • We map which assets belong in the trust and when (home, brokerage, non-qualified assets)
  • Real-estate deed(s) to the trust (GA and, if needed, out-of-state coordination)
  • Beneficiary and titling guidance for accounts that shouldn’t move into the trust
  • Coordination with your CPA on tax treatment and reporting

Documents & Checklists

  • Plain-English letters of instruction for the trustee and family
  • Georgia signing & notary instructions
  • Ongoing maintenance checklist

Timing matters: Earlier is better.

The look-back reviews recent transfers and can impose penalties for last-minute moves.

We’ll explain the timeline and realistic options.

Helpful Add-Ons (As Needed)

  • Pair with a Revocable Trust for assets you still want to control (e.g., day-to-day banking)—avoid probate there, protect other assets here.
  • LLC strategy for rental portfolios or operating businesses (LLC interests may be held by the trust, when appropriate).
  • Additional real-estate deeds (Georgia and out-of-state) to help avoid ancillary probate elsewhere.
  • Life-insurance planning (e.g., ILIT) to keep death benefits outside the taxable estate.
  • Charitable planning (charitable remainder/lead structures).
  • New EIN & dedicated bank/investment accounts (when required).
  • Funding Audit—final review to confirm assets are titled and documented correctly.

Protection must be put in place before a claim exists. Transfers are subject to fraudulent-transfer rules and Medicaid’s look-back.

Who This Helps Most

  • Seniors and caregivers who want to protect the home and savings from long-term care costs
  • Married couples seeking to better protect the healthy spouse
  • Families with chronic conditions where care may be needed in the coming years
  • Homeowners with equity who don’t want the house lost to spend-down or recovery
  • Parents/grandparents who want inheritance guardrails (creditors, divorce, mismanagement)
Atlanta Estate Planning Attorneys - Revocable Trust Planning

How It Works (Simple & Fast)

  1. Free Strategy Call (15 minutes) — We learn your health timeline, assets, and goals, and explain what’s realistic.
  2. Plan & Review — See your customized Georgia MAPT and funding map in plain English.
  3. Sign & Fund — We finalize documents, record the deed(s), and guide titling so the plan works when it matters.

See if we’re a fit — Book Your Free Strategy Call

“Avoid Probate” Guarantee (Optional Paid Add-On)

Add peace of mind with our Avoid Probate Guarantee:

If an asset we titled into your trust later requires probate, we’ll provide up to $10,000 of probate work at no charge.

Plain-English terms:

  • Applies to assets we titled/funded into your trust and kept that way
  • Excludes contested matters, creditor claims, liens, or beneficiary disputes
  • You agree to follow our funding guidance and notify us of major changes
  • Georgia law applies; full written terms provided

What Our Clients Say

“It was so simple and easy.” We are so grateful for the peace of mind we have. The team was patient, kind, and incredibly knowledgeable. – Tracy

Rachel - Estate Planning Lawyers Atlanta - Reviews

“This gave me peace of mind.” I couldn’t be happier with our experience. They truly cared about helping my family, and they made sure we understood every step. – Rachel

Our Family Serving Yours

We own rental properties and run a business ourselves, so we understand the risks families face when building wealth.

Over the past 10 years we’ve worked in real estate, tax, estate planning, and probate law, and we’ve set up asset protection for our own business, rentals, investments, and children.

This firsthand experience means we know exactly how to design a plan that works in real life—not just on paper.

Common Questions We Get

What is a Georgia Medicaid Asset Protection Trust (MAPT)?

It’s an irrevocable trust designed so assets can become non-countable for Medicaid after the look-back period—helping you qualify for benefits without spending everything first.

Earlier is better. Medicaid reviews transfers during the 5-year look-back. Planning ahead prevents penalties that can delay eligibility.

Often yes. We can include right-to-reside/home-use language so you can keep living there while the principal is protected.

You must give up control of the principal to gain protection. Typically, you’re not the trustee. You can often still receive income from trust assets, but the principal stays protected.

No. Protection must be in place before a claim exists. Last-minute transfers can trigger penalties.

Ready to Start?

Start This Week — Limited Availability

We only accept 5 new asset-protection clients per week so every family gets personal attention—and we don’t take every case.

This free Strategy Call helps confirm fit and outline next steps.

Fill out the form to book your Free Strategy Call today. 

Schedule Your Free Strategy Call

"*" indicates required fields

Name*