The Hive Law

Long-Term Care Planning in Georgia

A legal strategy for protecting your assets and care decisions before a health crisis forces a spend-down.

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How Georgia Families Plan for the Cost of Long-Term Care Without Losing Everything

Three years in a Georgia nursing home costs about $317,550 at today's median price for a shared room, and most families have no plan in place when the need arrives suddenly. Long-term care planning combines legal tools, insurance options, and government benefit strategies so your family is not making financial decisions during a medical crisis. We map every option for your specific asset profile so you know what is protected and what is exposed.

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Here Is What Happens When You Need Long-Term Care Without a Plan

Most people will need some form of long-term care. The U.S. Department of Health and Human Services estimates that 70 percent of people turning 65 will need it at some point. A nursing home in Georgia costs about $8,821 a month for a shared room (CareScout Cost of Care Survey 2025). A year of care can cost more than most families saved in a decade.

What Medicare Covers and What It Does Not

Medicare pays for up to 100 days in a skilled nursing facility after a qualifying hospital stay. It does not pay for custodial care. Custodial care is help with bathing, dressing, eating, and moving around. That is what most people in a nursing home need. After Medicare’s 100 days run out, the bill is yours. Most families do not find this out until they are already paying it.

What Medicaid Covers in Georgia

Medicaid covers nursing home care in Georgia, but a single person must first spend countable assets down to $2,000. Your home may be exempt while you are alive. After you die, Georgia’s Medicaid Estate Recovery Program can file a claim against your estate, including the house, to recover what Medicaid paid. Georgia waives its claim against the first $25,000 of any estate. Above that, your family may have to pay the claim or sell the house.

Medicaid does not cover assisted living in Georgia. If you need help with daily activities but not full nursing home care, you pay out of pocket. The gap between independent living and nursing home eligibility is entirely your expense. For many families, this is the most expensive and least expected part of long-term care.

What the Spend-Down Looks Like in Practice

A married couple has $350,000 in savings. One spouse enters a nursing home at about $8,821 per month, the Georgia median for a shared room. In 2026, the Community Spouse Resource Allowance lets the healthy spouse keep up to $162,660. The rest must be spent before Medicaid helps. At $8,821 per month, that is about 21 months of private pay. Roughly $185,000 gone before Medicaid covers a single day.

The Five-Year Look-Back Rule

When you ask Medicaid to pay for nursing home care, Medicaid looks back five years. If you gave away property, or moved assets into a trust you cannot take back, during those five years, the full value counts toward a penalty unless an exception applies. You do not get credit for the time that has passed. The penalty is figured with Georgia’s monthly divisor of $11,122 (in effect since April 2026). A $100,000 transfer works out to roughly nine months when Medicaid will not pay the nursing home. The penalty does not start on the day of the transfer. It starts once you are in care, have applied, and would qualify if not for the transfer. That is why this planning works best years before anyone needs care.

What Long-Term Care Planning Does Not Cover

  • Legal planning does not guarantee Medicaid approval. Eligibility is determined by DFCS based on medical and financial criteria
  • Assets transferred within the five-year look-back period are subject to penalty
  • Assisted living costs are not covered by Georgia Medicaid, regardless of legal planning
  • IRAs and 401(k)s require separate planning and cannot go directly into a MAPT

Who This Is For

Long-term care planning works best while you are still healthy. Anything you move into a Medicaid trust counts in full toward a penalty if you apply less than five years later. If you are over 60 and own a home or have savings you want to pass on, this planning is built for you.

$8,821 Median Monthly Nursing Home Cost in Georgia That's what one month of nursing home care can cost your family.
100 Days Medicare Covers Skilled Nursing Care After that, the bill becomes yours.
70% Of People 65+ Will Need Long-Term Care That's most people. Planning now means you are not caught off guard.

What a Long-Term Care Plan Includes, How It Works, and What It Protects

A long-term care plan from The Hive Law is a coordinated set of legal documents. The core is a Medicaid Asset Protection Trust. Around it are the documents that handle your care decisions and your finances if you cannot manage them yourself. For Georgia figures on what each kind of care costs and how many older Georgians have a year’s income at or above that price, see our long-term care statistics for Georgia. For figures on Georgia nursing homes, such as federal star ratings and reported nurse staffing in homes with lower and higher Medicaid shares, see our nursing home and Medicaid statistics for Georgia.

The Medicaid Asset Protection Trust

The MAPT is a trust you cannot take back. You move your home and savings into it. For what you moved in more than five years before you apply, Medicaid generally does not count the trust’s principal when it decides if you qualify. Anything you moved in less than five years before counts in full toward a penalty. Any income the trust pays you still counts as income for Medicaid. When you die, what is in the trust passes to your children. Because you no longer own it, it is generally outside what Georgia Medicaid can claim after you pass. But Georgia’s rules do mention trusts, any income or right to live in the home that you keep may still count, and no Georgia court has settled the question. So no trust is a guarantee.

The Advance Healthcare Directive

This document tells your doctors what care you want if you cannot speak for yourself. It names a healthcare agent who can make decisions on your behalf. Without it, your family may face legal barriers to getting basic information about your condition. Every long-term care plan includes one.

The Financial Power of Attorney

A durable financial power of attorney lets your agent manage bills, banking, and financial decisions if you become incapacitated. Without it, your family may need to ask a probate court to appoint a conservator. That process can take months and cost more than the documents would have.

How to Get Started

The process starts with a free strategy call. If it’s a fit, the next step is a Design Meeting. Melissa reviews your assets, your family situation, and your health picture. You leave with a specific plan, not a general overview. The Design Meeting fee is credited toward your total if you move forward.

Long-term care plans at The Hive Law start at:

$6,500
One flat fee. No hourly billing. No surprise invoices.

The Documents

  • Medicaid Asset Protection Trust (MAPT)
  • Pour-Over Will
  • Quitclaim Deed
  • Financial Power of Attorney
  • Advance Healthcare Directive
  • HIPAA Authorization

The Implementation

  • Document Walk-Through Call
  • Trust Funding Session
  • Funding Checkup

The Included Services

  • Successor Trustee Orientation
  • Professional Coordination Call
  • Surviving Spouse Transition Call
  • Post-Signing Checklist

Every asset we place in your MAPT is structured to meet Georgia Medicaid eligibility requirements. If a drafting error affects your qualification, we correct it at no charge.
Your Design Meeting is credited toward this total. Everything is handled over the phone. Your documents are ready for you to review about 2 to 3 weeks after your Design Meeting.

You’ll have your documents to review about 2 to 3 weeks after your Design Meeting. Everything is handled over the phone.

*The fact that you read this far tells us something about you. You take this seriously. So do we.*

Without a Plan

  • Nursing home costs about $8,821 a month with no coverage plan
  • Medicare stops paying after 100 days of skilled nursing
  • Countable assets spent down to $2,000 (single person) before Medicaid pays the nursing home
  • Home subject to Georgia estate recovery after death
  • Family inherits what remains after years of private pay

With Long-Term Care Planning

  • Principal in the MAPT is generally not counted by Medicaid once 5 years pass
  • Healthcare directive puts your care wishes in writing
  • No spend-down on trust principal moved in more than 5 years before you apply
  • Home better protected from estate recovery
  • Family inherits what you protected

How It Works

1

A 15-Minute Call With Shawn

Tell us what is going on with your family. Shawn walks you through your options and what each one costs. Free.

2

The Design Meeting With Shawn and Melissa

In a 60-minute meeting, Shawn and Melissa review your assets, your family, and your goals together and design your plan. This meeting is credited toward your plan if you move forward.

3

Review Every Document With Melissa

Before you sign, Melissa walks through every document with you in plain language. No legal jargon. No confusion about what you are signing.

4

Sign at Home

You sign at home, in front of a notary and witnesses you line up. Your signing instructions tell you who needs to be there. After you sign, you get a written checklist of what to do next.

Melissa Breyer

Melissa Breyer

Georgia Estate Planning Attorney

Melissa Breyer is a Georgia estate planning attorney who works exclusively on trust-based estate planning and LLC formation. She personally designs and drafts every plan at The Hive Law after the initial call. Every plan is built from scratch for your specific family, your specific assets, and your specific wishes.

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Frequently Asked Questions

Insurance and legal planning solve different halves of the problem. Insurance pays the monthly bill, if you hold a policy and you qualify for benefits. A Medicaid Asset Protection Trust funded more than five years before you apply can help protect what insurance does not cover. No trust is a guarantee. Many families use both. Others, especially those who can no longer qualify for insurance because of age or health, rely on legal planning alone. We will review your situation in your Design Meeting and tell you which approach fits.

The MAPT is the core document in a long-term care plan, but the plan is bigger than the document. A full plan adds the advance healthcare directive, the financial power of attorney, and a strategy for how those pieces work together. If your only concern is protecting assets from Medicaid, the MAPT page covers that document specifically. If your concern is the whole picture, care decisions and finances and asset protection together, this is the right page.

The answer depends on your situation. If you have not applied for Medicaid yet, there may still be planning options open to you. Some strategies work even after a health crisis has started, though the options narrow sharply once an application is filed. The best first step is a Design Meeting, where we can tell you what is still available to you.

Georgia lets the community spouse, the one who stays home, keep a share of the couple’s assets under the Community Spouse Resource Allowance. For 2026 that maximum is $162,660. Legal planning works to maximize what the community spouse keeps while still qualifying the other spouse for Medicaid. A MAPT funded more than five years before you apply can protect assets beyond what the allowance covers.

Retirement accounts cannot go into a MAPT directly, because the transfer is treated as a taxable distribution. In Georgia, an IRA or 401(k) normally counts toward Medicaid’s $2,000 asset limit. It counts at the amount you could withdraw today, after any early-withdrawal penalty. The exception is when you are getting regular payments from the account that include part of the principal. Then the account itself is not counted, and those payments count as income instead. This is one reason the Design Meeting matters. The rules for retirement accounts are not the rules for savings and real estate, and the right move depends on your account types and balances.

Assets still held in the MAPT at your death pass to the beneficiaries named in the trust, on the terms you set. The protection a MAPT gives comes from giving up ownership permanently and from funding it more than 60 months before you apply, not from avoiding probate. Georgia defines the estate it can recover from broadly, so nobody should be told an asset is beyond the reach of the state simply because it sits in a trust.

Find Out Where You Stand

You’ve been meaning to do this for a while now. That’s normal. Most families wait until something happens, then wish they hadn’t.

A 15-minute call tells you exactly what you have, what’s missing, and what your family needs next. No paperwork, no obligation, just a straight answer.

  • No sales pitch. Just a straight answer about where you stand.
  • No confusing terms. We explain everything in plain English.
  • A real next step. You’ll know exactly what to do when we hang up.

Prefer to talk right now? Call Us: (770) 710-3422