Most Georgia parents understand the need for a competently prepared estate plan to pass their assets to their children. This need becomes even more critical for parents of children with special needs. Parents with special needs children should consider some of the following suggestions to ensure that their special needs child receives the proper care after they are gone.
Georgians who receive Medicaid are often extremely thankful for the financial assistance. However, they are often surprised and saddened when they learn that their home and assets may be subject to Medicaid Estate Recovery after they die. This program was enacted by the Georgia legislature in 2006 pursuant the requirement in the federal Omnibus Budget Reconciliation Act of 2003. The federal statute requires the states to enact laws allowing for the recovery of money paid out of Medicaid for long term care and home and community-based care paid for by Medicaid.