Special Needs Estate Planning Attorney
Protect Your Child’s Future. Secure Their Government Benefits.
You have dedicated your life to providing for your child’s unique needs. Our all-mom legal team in Watkinsville creates specialized estate plans that ensure your child maintains their essential benefits while preserving their quality of life. We provide the clear, enforceable protection needed to keep your child out of the court system and in the care of those you trust most.
Estate planning for a family with differently abled children comes with a complex set of financial, social, and medical issues that can be difficult to fit into a generic estate plan. This is why we provide special needs estate planning, because we understand that looming fear of, “What’ll happen to my child when I pass away?”
At Arch Legacy Firm, we understand that fear because we are an all-mom team of legal professionals who live and work right here in Watkinsville. We know that for your family, estate planning is about ensuring your child’s quality of life, their living-conditions, and their dignity are never compromised.
Without a plan created by a qualified special needs estate planning attorney, your child could face a situation where they lose the very government benefits they rely on for survival. We’re dedicated to ensuring your child with special needs will be well taken care of when you are no longer able to serve as their primary caregiver.
How Arch Legacy Firm Makes It Different
We offer a vast variety of estate planning tools and strategies designed to accommodate the unique circumstances presented by differently abled children and their families.
Third-Party Special Needs Trusts
This is the gold standard for Watkinsville parents. This trust is funded by you (or grandparents/siblings) for your child. The best part? There is no Medicaid payback required. When your child passes away, any leftover money stays in your family or goes to a local charity if you’d like.
First-Party (Self-Settled) Trusts
If your child receives their own money—perhaps from a personal injury settlement or a surprise inheritance from a well-meaning relative who didn’t know about the $2,000 asset limit—we use this trust to “shield” those funds so they don’t lose their SSI or Medicaid.
Pooled Trusts
For families who might not have a specific person in mind to act as a trustee, we can help you join a Pooled Trust (like the Georgia Community Trust). Your child’s funds are managed by a non-profit alongside others, giving you legal oversight with personalization.
The Letter of Intent
Legal documents tell the state what to do, but the Letter of Intent tells the next caregiver how to personally provide for your child. We’ll guide you through documenting their medical history, and other specifics such as their favorite lunch spot in downtown Watkinsville, and the specific routine that helps them sleep at night
Guardianship & Alternatives: Guardianship vs. Power of Attorney
In the eyes of Georgia law, they are an adult at 18—regardless of their disability.
- Guardianship: If your child isn’t able to make their own medical or safety decisions, we can help you apply for guardianship through the Oconee County Probate Court. This gives you the legal authority to keep protecting them just like you do now.
- Power of Attorney (POA): If your child has the capacity to make some decisions but just needs a little “backup,” a Durable Power of Attorney or a Healthcare Directive might be the better, less restrictive path. We’ll help you figure out which one fits your child’s independence level best.
Georgia STABLE Account Coordination: Think of a STABLE account as a specialized savings account that doesn’t count against that pesky $2,000 asset limit. It’s been a game-changer for Watkinsville families because it allows your child to have more direct control over some of their money.
- The “Mom” Benefit: It comes with a debit card, so your child can without needing the trustee to sign off on every small purchase.
- Tax Perks: The money grows tax-free, and as long as it’s used for “qualified disability expenses” (which covers almost everything from housing to transportation), you don’t pay taxes on the withdrawals.
The Catch: As your special needs estate planning attorney, we’ll make sure you’re aware of the yearly contribution limits (usually around $18,000–$19,000 depending on the year) so you stay in the “safe zone” for benefits.
Why Every Choice Matters
Without a special needs estate planning attorney to coordinate these pieces, you risk a “technicality” ruining everything. Did you know that over 14% of people in Watkinsville are currently uninsured or underinsured? Relying on government benefits is a necessity for many, and a single mistake in a Will can cut that lifeline off instantly.
Our team Arch Legacy Firm ensures that your life insurance, your 401k, and your home are all pointed toward these specialized tools. We make the complex simple, and we make the legalities easy to handle.
You’ve spent your life being their biggest advocate; let us help you secure their forever stability.
Frequently Asked Questions
Can I just name my other child as the beneficiary and ask them to “take care of” their sibling?
We call this “planning on a prayer,” and it’s very risky. If that sibling gets divorced, files for bankruptcy, or passes away, that money could disappear. A formal trust is the only way to legally guarantee the money stays with the child who needs it.
What is the main difference between a First-Party and Third-Party Trust?
The source of the money. A Third-Party Trust uses your money to help your child and has no Medicaid payback. A First-Party Trust uses your child’s own money and must pay back the state for medical costs after they pass away. As special needs estate planning attorneys, we almost always prefer the Third-Party route for planning ahead.
Can my child have a job and a Special Needs Trust?
Absolutely! We can even set up a STABLE account to hold their earnings so they can save up for something big without losing their benefits.
The Arch Legacy Firm Difference
In Oconee County, our community is tight-knit. We see our clients at the grocery store and at the park. That’s why we don’t just hand you a folder and wish you luck. We create living, breathing plans. Statistics show that over 10% of Georgians live with a disability, and many of those neighbors are right here in our 30677 zip code.
Your special needs estate planning attorney at Arch Legacy Firm is here to make sure your child is never just a statistic. We take the time to learn if your child loves the local parks or if they have a specific caregiver they feel safe with. We are your neighbors, your advocates, and your source for security.
Ready to move forward?
