Sandy Springs Estate Planning for Foster Parents

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Foster parents in Sandy Springs and across the Atlanta metro area open their homes to some of the most vulnerable children in Georgia. That kind of commitment deserves a solid legal foundation. Yet many foster parents never stop to think about what happens to the children in their care, or to their own assets, if something unexpected happens to them. Estate planning is not just for wealthy families or retirees. For foster parents, it is one of the most practical acts of care you can take for every child who walks through your door.

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Why Estate Planning Looks Different for Foster Parents in Georgia

Most people think of estate planning as writing a will and naming a beneficiary. For foster parents, the picture is more layered. You may be caring for a child who is still legally under the custody of the Georgia Division of Family and Children Services (DFCS). You may be pursuing permanent guardianship or adoption. You may have biological or adopted children in the same home. Each of those relationships carries different legal weight, and your estate plan needs to reflect all of them.

Under O.C.G.A. Title 49, Chapter 5, Article 14, the Georgia General Assembly recognizes that foster parents play an “integral, indispensable, and vital role” in the state’s effort to care for dependent children displaced from their homes. That role does not pause when you are sick, injured, or incapacitated. A proper estate plan ensures that the children in your care are protected no matter what happens to you.

One of the most common mistakes foster parents make is assuming their DFCS placement agreement handles everything. It does not. DFCS controls the legal custody of foster children, but it does not control what happens to your home, your savings, or the care of your biological or legally adopted children. Those decisions belong in your estate plan. If you have already adopted a child who was once in your foster care, that child now has full legal standing under Georgia law, and your plan must treat them accordingly.

Working with an Atlanta estate planning lawyer at Slowik Estate Planning means you get a plan built around your specific family, not a generic template. Our office is located in the Atlanta, Georgia area, and we serve families throughout Sandy Springs and the surrounding communities.

Naming a Guardian for the Children in Your Home

If you pass away while caring for a foster child, DFCS retains legal custody and will arrange new placement. That process is handled through the state. But what about your biological children, or children you have legally adopted? Those children need someone named in your will to step in immediately.

Under Georgia law, every parent may nominate a testamentary guardian for their minor child by will, and upon probate of that will, letters of guardianship are issued to the nominated individual. This is a powerful tool. Without it, a Georgia probate court decides who raises your children, and that process takes time your children do not have. The Fulton County Probate Court, which serves much of the Sandy Springs area, handles these proceedings, but a court-driven process is slower and less certain than a clear directive in your will.

Letters of guardianship are issued to the nominated testamentary guardian without a hearing, provided the individual is willing to serve and no objection is filed. If a timely objection is filed, letters of guardianship shall only be issued after a hearing. This means naming the right person matters. Choose someone who knows your children, shares your values, and is willing to take on the responsibility. Then talk to that person before you sign anything.

Foster parents who are pursuing adoption should also think ahead. Under O.C.G.A. Section 53-4-48, a provision in a will for a class of the testator’s children is presumed to be made in contemplation of the birth or adoption of additional members of that class, absent an indication of a contrary intent. This means that if you adopt a child after signing your current will, that child may still be covered under an existing class gift. However, relying on a legal presumption is risky. Update your will every time your family changes.

Using Trusts to Protect Children Who Cannot Inherit Directly

Minor children cannot legally manage money or property in Georgia. If you leave assets directly to a child under 18, a conservatorship proceeding will likely be required before that money can be used for the child’s benefit. That means court oversight, legal fees, and delays. A trust eliminates all of that.

A revocable living trust lets you place assets into a structure managed by a trustee you choose. You can name yourself as trustee while you are alive, then name a successor trustee to take over if you become incapacitated or pass away. The trust can hold your home near Roswell Road, your bank accounts, your investments, and any life insurance proceeds. Your children benefit from those assets without the delay of probate or the burden of a court-supervised conservatorship.

Under O.C.G.A. Section 29-3-5, every parent, by will, may nominate a testamentary conservator for their minor child for the property that passes to the minor under the parent’s will. Upon probate of the will, letters of conservatorship shall be issued to the individual nominated. But a trust goes further. It allows you to specify exactly how and when assets are distributed, whether for education, medical care, housing, or reaching a certain age. You can also name a trust attorney or a professional trustee to manage complex assets if your estate is large or your beneficiaries have special needs.

Foster parents who are also caring for children with disabilities should look closely at a Special Needs Trust. This type of trust holds assets for a child with special needs without disqualifying them from Medicaid or Supplemental Security Income. Georgia probate courts recognize these structures, and they can be a critical part of long-term care planning for children who will need support into adulthood.

Powers of Attorney and Healthcare Directives for Foster Parents

What happens to the children in your home if you are hospitalized but not deceased? This is a question many foster parents never ask, and the answer matters. If you are incapacitated and have no durable power of attorney in place, no one has the legal authority to manage your finances, pay your mortgage near Perimeter Center, or keep the household running. That uncertainty can disrupt the stability of every child in your home.

A Georgia Durable Power of Attorney, governed by O.C.G.A. Title 10, Chapter 6B, gives a trusted person the authority to handle your financial affairs if you cannot. This includes paying bills, managing bank accounts, and making decisions about real property. Your agent acts on your behalf without needing court approval, which means things keep moving even when you cannot be present to manage them.

A Healthcare Directive, sometimes called an Advance Directive for Healthcare, tells doctors and hospitals what kind of treatment you want if you cannot speak for yourself. Georgia’s Advance Directive for Healthcare, authorized under O.C.G.A. Section 31-32-1, allows you to designate a healthcare agent and outline your wishes regarding life-sustaining treatment, pain management, and organ donation. For foster parents, having this document in place also reassures DFCS that there is a plan for the children in your home during a medical emergency.

These documents work together. A durable power of attorney handles your money. A healthcare directive handles your medical care. Together, they fill the gap between being alive and being able to make decisions. Do not wait for a health scare near Northside Hospital to realize you need them.

Estate Planning When You Are Pursuing Adoption From Foster Care

Adopting a child from foster care changes your estate plan in a permanent and meaningful way. Once adoption is finalized, your adopted child has the same legal rights as any biological child you have. Under O.C.G.A. Section 53-1-8, a decree of adoption gives adoptive parents and relatives of the adoptive parents the right to inherit from and through the adopted individual under the laws of intestacy, and to take as parents or relatives of the parents of the adopted individual under the provisions of any testamentary gift, unless expressly excluded. In plain terms, your adopted child inherits from you just as a biological child would.

This means your existing will needs to be reviewed the moment an adoption is finalized. If your will was written before the adoption, it may not name the child. While Georgia law offers some protection through the class gift presumption under O.C.G.A. Section 53-4-48, the safest approach is always to update your documents directly. Georgia has approximately 14,000 children in foster care, and 2,740 of these children have a permanency goal of adoption. If you are among the families working toward that goal, your estate plan should reflect the family you are building, not just the one you had when you first signed your documents.

Adoption assistance from DFCS may also continue after the adoption is finalized, depending on the child’s eligibility. Adoption assistance payments may not exceed the DFCS family foster care per diem that the child was receiving immediately before the adoptive placement. Knowing how that income stream works, and how long it lasts, helps you plan your estate more accurately. An experienced attorney at Slowik Estate Planning can help you think through how adoption assistance, life insurance, and trust structures all work together.

If your estate has grown due to adoption assistance, inheritance, or accumulated savings, it is also worth speaking with an estate tax planning lawyer to understand whether your estate is approaching the federal estate tax threshold, which stands at $13.99 million per individual in 2026 under current law. Most foster and adoptive families will not hit that number, but planning ahead never hurts.

FAQs About Sandy Springs Estate Planning for Foster Parents

Does a foster child inherit from me if I die without a will in Georgia?

A foster child who has not been legally adopted does not inherit from you under Georgia’s intestacy laws. Legal custody of a foster child remains with DFCS, not with you as the foster parent. Only legally adopted children gain full inheritance rights under O.C.G.A. Section 53-1-8. If you want to leave something to a child you are fostering, you must name them specifically in your will or trust documents.

Can I name a guardian for my foster child in my will?

No. You cannot nominate a guardian for a foster child in your will because you do not hold legal parental rights over that child. Legal custody belongs to DFCS, and the state will determine placement if something happens to you. However, you can and should name a guardian for any biological or legally adopted children in your home. Under O.C.G.A. Section 29-2-4, that nomination carries significant legal weight once your will is probated.

What happens to my estate plan when I finalize an adoption?

Once adoption is finalized, your adopted child has the same legal standing as a biological child for inheritance purposes under Georgia law. You should update your will, trust documents, and beneficiary designations immediately after the adoption is complete. Failing to update your documents creates ambiguity that can lead to disputes or unintended outcomes during probate. Slowik Estate Planning recommends reviewing your entire plan any time your family structure changes.

Do I need a trust if I am a foster parent with modest assets?

A trust is not only for high-net-worth families. Even modest estates benefit from a trust structure because it avoids probate, protects minor children from receiving assets outright, and allows you to control how and when distributions are made. If you have a home, a retirement account, or a life insurance policy, a revocable living trust can ensure those assets reach the right people without court involvement. The cost of setting up a trust is almost always less than the cost of a conservatorship proceeding.

How does a durable power of attorney help me as a foster parent?

A durable power of attorney gives a trusted person the legal authority to manage your finances if you are incapacitated. For foster parents, this is especially important because the stability of your household directly affects the children in your care. If you are hospitalized and no one can pay your mortgage or manage your accounts, that instability can trigger a placement disruption for your foster children. A durable power of attorney keeps your household running and protects everyone under your roof during a difficult time.

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