Elder Law
Medicaid Planning Attorney in Georgia
With enough lead time, Georgia families can often qualify for Medicaid without first spending their savings down to $2,000. Planning works best when it starts at least five years before you need care. No plan is a guarantee.
How Georgia Families Protect Assets From Medicaid Spend-Down Before It Is Too Late
Georgia Medicaid requires you to reduce most countable assets to $2,000 before the state pays for nursing home care. Without a plan, a lifetime of savings can be gone in months. Medicaid planning uses legal tools, including trusts, annuities, and exempt asset conversions, to help protect your home and savings while you qualify for benefits. The five-year lookback means the time to plan is years before a crisis, not after.
Here Is What Happens to Families Without a Plan
A shared room in a Georgia nursing home has a 2025 median price of about $8,821 a month (CareScout). Medicaid will not pay the nursing home until a single applicant’s countable assets are down to $2,000. For many families, that can mean spending most of their savings before any help arrives. Without a plan, families pay out of pocket until they reach that limit.
The 5-Year Look-Back Rule
When you ask Medicaid to pay for nursing home care, Medicaid looks back five years (60 months). A gift, a transfer to a family member, or a sale below market value made inside those five years can cause a penalty. A few transfers are allowed, such as one to your spouse, and DFCS decides whether an exception applies. During the penalty, Medicaid will not pay the nursing home. The full value of what you gave away counts. For a sale below market value, the shortfall counts. You do not get credit for the time that has passed. Families who give assets away to “get under the limit” often create the very crisis they were trying to avoid.
What Happens to Your Home
Your home usually is not counted while you or your spouse lives in it, as long as your equity is under Georgia’s limit ($752,000 in 2026). But after you pass, Georgia’s Medicaid Estate Recovery Program (MERP) can file a claim against your estate to recover what it paid for your care. Georgia counts more than what goes through probate, and it waives its claim only on the first $25,000 of any estate. The home most families assume is protected is one of the assets the state can look to recover.
Disabled Children and Inheritance
If you have a child receiving SSI or Medicaid disability benefits, leaving them an inheritance directly can disqualify them from those benefits. A standard will has no mechanism to prevent this. Without the right structure in place, the inheritance you leave to help them can end the very benefits they depend on.
What Medicaid Planning Does Not Cover
- Medicaid planning is not retroactive. If you are already in a nursing home and have not planned, options narrow significantly.
- There is no guarantee of Medicaid approval. Planning improves your position, but eligibility depends on DFCS review of your full application.
- A Medicaid plan is not a complete estate plan. It addresses one specific threat, long-term care cost, and works alongside a broader estate plan, not instead of one.
- Retirement accounts are treated differently. IRAs and 401(k)s have their own rules under Medicaid and require separate analysis.
Who This Applies To
You do not have to be in a crisis to need Medicaid planning. This applies to anyone over 55 with a home, retirement savings, or a spouse who would be left behind. It applies to families with a loved one who has a progressive illness. It applies to anyone who has watched another family go through this without a plan. The families who plan five years out have choices. The families who wait until a diagnosis have far fewer.
Medicaid Planning Is Not About Hiding Assets. It Is About Using the Law the Way It Was Designed to Be Used.
Federal and Georgia law include specific protections for married couples, disabled children, caregivers, and homeowners. Medicaid planning uses those protections on purpose, structured correctly, before the crisis arrives. Every strategy we use is legal, disclosed, and built around the specific rules that govern Georgia Medicaid eligibility.
The Planning Strategies We Use
The right strategy depends on your timeline, your assets, and your family structure. We work with Medicaid Asset Protection Trusts (MAPTs). After five years, Medicaid generally does not count the trust’s principal when it decides if you qualify. Any income the trust pays you still counts as your income. When an adult child has lived in your home for at least two years right before you enter care, and that child’s care kept you at home, the law lets the home go to that child without a transfer penalty. DFCS decides whether those conditions are met. We structure Community Spouse Resource Allowances to protect the maximum amount for a spouse who remains at home. For crisis situations, we use exempt asset conversions and Medicaid-compliant annuities to help protect what is left. No plan is a guarantee. The strategy is always matched to the timeline. The sooner we start, the more options you have.
What You Walk Away With
At the end of the planning process, you have a legal structure built to keep your home and savings out of the Medicaid spend-down, a clear plan for applying when the time comes, and a plan that does not leave your spouse or children scrambling. If you have a child with a disability, we build in a Special Needs Trust so the inheritance you leave does not cost them their benefits. No plan is a guarantee. Every plan is built carefully the first time, so your family is not fixing it later under pressure.
Already Facing a Crisis?
If a diagnosis has already arrived or a nursing home placement is imminent, planning is still possible. Crisis Medicaid planning is more limited than proactive planning, but it is not nothing. Exempt asset conversions, spend-down strategies, and proper application timing can still protect a meaningful portion of what you have built. Even at the last hour, the right moves matter.
How to Get Started
The first step is a free strategy call with Shawn. If it’s a fit, the next step is a Design Meeting, a 60-minute meeting with us to review your assets, your timeline, and your family’s specific exposure. The Design Meeting fee is credited in full toward your estate plan if you move forward. If Medicaid planning is the right fit, the next step is a complete plan built around your situation. Most Medicaid planning engagements at The Hive Law start at:
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
You leave the Design Meeting knowing exactly where you stand and exactly what to do next.
The fact that you read this far tells us something about you. You take this seriously. So do we.
Without a Plan
- A shared nursing home room costs about $8,821 a month, with no help until countable assets are down to $2,000
- A gift or transfer made in the last 5 years can trigger a Medicaid penalty period
- Georgia's estate recovery program can file a claim against your estate, including your home, after you die
- A direct inheritance can disqualify a disabled child from SSI or Medicaid benefits
- Once a nursing home placement is already underway, your options narrow sharply
- There's no guarantee of approval, because eligibility still depends on a full DFCS review
With Medicaid Planning
- Trust principal moved in more than five years before you apply is generally not counted
- Community Spouse Resource Allowance rules protect a share of assets for your spouse
- A Special Needs Trust lets you leave an inheritance without ending your child's benefits
- Even a late-stage or crisis diagnosis still leaves real options to protect what's left
- The earlier you start, the more options you have
- A caregiver child rule and other family protections may apply, if their conditions are met
How It Works
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.
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.
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.
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
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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What Our Clients Say
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 The Hive Law 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 The Hive Law!
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 The Hive Law and they put my mind at ease immediately. Their process is easy to follow and they took care of everything. The Hive Law is the best decision I've made for my family's future.
Working with Melissa Breyer to set up our Living Trust was a wonderful experience. She and her entire team were knowledgeable, professional, and made the whole process easy to understand. I highly recommend The Hive Law for all your estate planning needs!
We highly recommend Hive Law. They were extremely patient and responsive, answering our many rounds of questions regarding trusts and estate planning. Shawn consistently responded the same day we sent our questions, even while his family was on vacation, which we greatly appreciated. Shawn was also always available to discuss matters by phone whenever we needed additional clarification on the options we were considering. Both are very knowledgeable in estate planning, and we would confidently recommend Hive Law to friends and family.
The Hive Law made the entire estate planning and trust process easy to understand and stress-free. Melissa and Shawn walked us through every step and answered all of our questions. We feel confident that our family is protected. Highly recommend!
My mom chose The Hive firm to help with estate planning and developing a trust to protect her assets. I sat in on her meeting with Melissa, and Melissa did a great job of simplifying complex legalese into easily understood concepts. Shawn was very quick to get us our documents and all steps in the process were clear and easy. They make a great team and we are thankful for their help!
I used The Hive Law to help me create a trust for my family. The process was straightforward and Melissa and Shawn made sure I understood each step. They were responsive to all of my questions. I feel much more confident about my family's future now. Highly recommend!
Working with Shawn and Melissa at The Hive Law has been an excellent experience. They were one of three firms we contacted, but she made the strongest impression during our initial call. They asked great questions to understand our situation and clearly explained what we needed to put in place. We initially had some reservations about their fully virtual approach, but those concerns were quickly put to rest. After the first two calls, it was clear how easy they are to work with and how well connected we felt. Communication has been clear, organized, and reassuring throughout the process. Shawn and Melissa are professional, approachable, and thorough. We feel confident we're in good hands and highly recommend The Hive Law for estate planning.
The Hive Law Firm, and specifically Melissa, has been wonderful to work with during our estate planning process. She is knowledgeable, patient, and thorough. She answered all of our questions and made the process easy to understand. I highly recommend The Hive Law!
Shawn and Melissa were amazing to work with! My partner and I recently bought a house and wanted to get important things like wills, healthcare directives, etc. set up. They were incredible at answering all our questions and working with us to make sure we felt confident in all of the legal aspects. Having tried to do this online before with one of the DIY tools, it was just an amazing experience to get to talk through what we wanted with a knowledgeable human and have them take care of the details.
Hive Law was awesome to work with! Melissa and Shawn explained everything, kept things stress-free, and were always quick to respond to my questions. They made the whole process simple and smooth from start to finish. Highly recommend if you want a team that's knowledgeable but also easy to work with.
I lost my father in February of this year without any estate planning in place. The process of dealing with the probate court has been overwhelming and expensive. After this experience, I contacted The Hive Law to set up a trust so my children never have to go through what I've been through. Melissa and Shawn were compassionate, knowledgeable, and made the entire process simple. I highly recommend The Hive Law!
I used to know the bare minimum about probate and trust. I first encountered Shawn Breyer on Facebook. He was offering a webinar that I watched. That gave me a better understanding of probate versus trust. I was impressed enough to have him and his wife represent me. I had my initial one on one interview with Melissa Breyer, it went smoothly and she made everything clear. We are now proceeding with getting a revocable trust in place.
The Hive Law has been amazing throughout the process of setting up our trust. Every detail is considered and no stone is left unturned. They have been easy and enjoyable to work with. I would absolutely recommend them! Don't let your estate be turned over to Probate!!
The Hive Law helped us set up a revocable trust. Their webinar is great for answering any questions you may have, to clarify and avoid probate. Get in touch with them right away, you won't be disappointed.
Melissa was great! She gave me an honest review of my future plans that I already have in place. Turns out, I already had my ducks in a row!!! She was a pleasure to talk with!!
For several years now I have been thinking about having a will drawn up, but continued to procrastinate until an older sibling had a medical situation occur which none of the family was prepared for. This was the determining factor for me to get it done. We never know when an emergency medical situation could arise and I didn't want my other siblings to be scrambling around trying to figure things out in the event I couldn't make any decisions for myself, or God forbid I pass away. My attorney (Melissa), was very funny and made the whole experience quite entertaining. She listened to what I wanted and explained the type of plan I needed. Thanks Melissa & Shawn for making the process an enjoyable experience.
The Hive Law Firm did an excellent job helping my mother-in-law with her estate plan. The process felt overwhelming at first, but their team walked us through every step with compassion and professionalism. They listened to our concerns, explained things in simple terms, and made sure our mother's wishes were honored. We're very grateful for their guidance.
The Hive Law firm did an outstanding job helping my family members with their estate planning. They made the process clear, smooth and stress free. Truly professional and caring team, highly recommend!
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.
Frequently Asked Questions
The answer depends on where your spouse is in the process. Once someone is approved and already receiving Medicaid, most planning options are closed. If your spouse recently entered a facility and has not applied yet, there may still be room to act. Federal rules also let the healthy spouse keep a share of the couple’s assets, up to $162,660 in 2026, which most families do not know about. Call us and we will tell you honestly what is and is not possible from where you are.
Giving assets away now usually backfires. When you ask Medicaid to pay for nursing home care, Medicaid looks back five years. If you gave things away inside those five years, the full value counts toward a penalty, and Medicaid will not pay the nursing home during the penalty, even though the money is already gone. The penalty can run for months or years. A few transfers are allowed, such as one to your spouse. A trust funded more than five years before you apply is outside the look-back. A trust funded inside the five years is counted the same way a gift is.
Your home usually is not counted while you or your spouse is alive and living in it, as long as your equity is under Georgia’s limit ($752,000 in 2026), so Medicaid does not take it during the application process. After death is a different question. Georgia runs an estate recovery program, and Georgia defines the estate it can recover from broadly, including property that passes outside probate. Georgia does not collect from an estate worth $25,000 or less. For a larger estate, Georgia waives its claim to the first $25,000, so the most it can seek is the value above that, and never more than Medicaid actually paid. Planning done more than five years before you need care gives you the most options here, though no trust is a guarantee.
Having too much today is the problem Medicaid planning is built for. Medicaid counts what you hold when you apply, and it also looks back five years at what you gave away or moved into a trust. The work is to reposition assets legally and early, using tools like irrevocable trusts and exempt asset strategies. Trust principal moved in more than five years before you apply is generally not counted. Anything moved inside the five years counts in full toward a penalty. The earlier you start, the more options you have.
Spending down means paying for care out of your own pocket until your countable assets reach the $2,000 limit. That is legal, and it can use up most of what you spent a lifetime building. Medicaid planning means repositioning assets legally, years before you apply, so that Medicaid generally does not count them. Planned early enough, more of what you meant for your family can stay with them. No plan is a guarantee.
Medicaid planning packages start at $6,500. That covers the irrevocable trust, your incapacity documents, and the planning work to position you correctly before you apply. Everything starts with a free 15-minute call with Shawn. If it is a fit, the next step is a Design Meeting with Melissa and Shawn, which is paid and credited in full toward your plan if you move forward. For comparison, a shared nursing home room in Georgia has a 2025 median price of about $105,850 a year (CareScout).
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.
Where We Serve
Georgia Counties We Serve
We help families across Georgia protect their assets and avoid probate. Select your county to learn more about estate planning where you live.