Sandy Springs Estate Planning for People Moving Into Assisted Living

Moving a loved one into assisted living near Sandy Springs is one of the most significant life transitions a family can face. Whether the facility is just off Roswell Road, near the Perimeter Center area, or tucked into one of the quieter neighborhoods along the Chattahoochee River corridor, the move itself is only part of the challenge. What often catches families off guard is the legal and financial preparation required before, during, and after that transition. Without the right estate planning documents in place, your family could face court intervention, Medicaid penalties, or the loss of assets that took a lifetime to build. At Slowik Estate Planning, an Atlanta estate planning lawyer serves clients throughout Sandy Springs and the greater metro area, helping families protect what matters most when it matters most.

Table of Contents

• Why Estate Planning Before Assisted Living Is So Critical
• Georgia’s Advance Directive and Powers of Attorney for Assisted Living Residents
• Protecting Your Home and Assets When You Move Into Assisted Living
• Medicaid Eligibility, the Look-Back Period, and Trust Planning
• Updating Your Will and Beneficiary Designations Before the Move
• FAQs About Sandy Springs Estate Planning for People Moving Into Assisted Living

Why Estate Planning Before Assisted Living Is So Critical

Most families think about estate planning as something you do once and set aside. The reality is that moving into assisted living changes your financial and legal picture entirely. Your home may sit vacant. Your income may shift. Your ability to sign legal documents could become limited if your health declines. Any of these changes can create serious problems if you do not have a proper plan already in place.

Georgia law requires that you have legal capacity to sign estate planning documents. That means you must understand what you are signing and what effect it will have. Once a person enters memory care or becomes incapacitated, it may be too late to execute a valid will, trust, or power of attorney. At that point, a family may need to petition the Fulton County Probate Court or the Fulton County Superior Court for a guardianship or conservatorship, which is a time-consuming and expensive process.

Acting before the move is always the better path. A well-drafted plan addresses who manages your finances, who makes your medical decisions, how your home and accounts are handled, and how your estate passes to the people you love. These are not abstract concerns. They are practical decisions that affect your daily care and your family’s financial security.

Sandy Springs families who wait until a health crisis strikes often find that their options are much more limited. A proactive plan, prepared while you still have full legal capacity, gives you control. It also gives your family clear direction, which reduces conflict and confusion at an already difficult time. Reaching out to Slowik Estate Planning early in this process can make all the difference.

Georgia’s Advance Directive and Powers of Attorney for Assisted Living Residents

Two legal documents sit at the foundation of any assisted living estate plan: the Georgia Advance Directive for Health Care and the Durable Power of Attorney for finances. Both documents must be signed while you still have legal capacity. Waiting until after you have moved into a facility and your health has declined can make execution legally questionable or impossible.

Georgia adopted the Advance Directive for Health Care Act, which replaced the former Georgia Living Will and the Durable Power of Attorney for Health Care, combining what had been two separate forms into one document. This document combines the characteristics of both the living will and the durable power of attorney for healthcare, and still allows people to choose for themselves the medical care they want when they are no longer able to communicate with doctors or family. Under O.C.G.A. § 31-32-5, the form must be signed in front of two witnesses, both of whom must be at least 18 years old and of sound mind.

Like the living will, the Georgia Advance Directive allows for withholding or withdrawing treatment and authorizes a person’s doctor to withhold or withdraw certain medical procedures such as a respirator or ventilator in certain conditions. It also permits one to choose to accept or refuse artificial nutrition or hydration, including feeding tubes.

On the financial side, a Durable Power of Attorney lets a trusted person manage your bank accounts, pay your assisted living bills, handle your home, and manage your investments if you become unable to do so. Without this document, your family may have no legal authority to act on your behalf, even for routine financial tasks. This is especially important for Sandy Springs residents whose assets include real estate near the GA-400 corridor or investment accounts tied to Atlanta’s strong economy. The team at Slowik Estate Planning, located in Atlanta, Georgia, can help you draft both documents to meet Georgia’s legal requirements and reflect your specific wishes.

Protecting Your Home and Assets When You Move Into Assisted Living

Your home is likely your most valuable asset. When you move into assisted living, questions about that property need clear answers. Will it be rented? Sold? Left to family? Held in trust? The answers affect your Medicaid eligibility, your estate tax exposure, and your family’s ability to inherit without going through probate.

Under Georgia’s probate laws found in O.C.G.A. Title 53, assets that pass through your estate at death are subject to the probate process in the Fulton County Probate Court or the county where you were domiciled. Probate can be slow and public. A revocable living trust, properly funded before you move into assisted living, lets your home and other assets transfer to your beneficiaries without court involvement. Working with a trust attorney before the move allows you to fund the trust correctly and avoid the gaps that lead to probate later.

Asset protection is also a real concern. Georgia participates in the Medicaid Estate Recovery Program. Georgia does not pursue estate recovery against estates valued at less than $25,000, which provides meaningful protection for modest estates. However, for larger estates, the state can seek reimbursement from your estate after your death for Medicaid benefits paid on your behalf. Proper planning, done well in advance, can help protect the assets you want to leave to your children or grandchildren.

Married couples face additional planning considerations. All assets of a married couple are considered jointly owned, but there is a Community Spouse Resource Allowance (CSRA) that protects a larger amount for the non-applicant spouse. In 2026, the community spouse can retain up to $162,660 of the couple’s countable assets. Planning around these rules takes careful attention to timing and asset titling, which is exactly where an experienced estate planning attorney adds real value.

Medicaid Eligibility, the Look-Back Period, and Trust Planning

Medicaid is the primary payer for long-term care in Georgia. For a single applicant in 2026, the asset limit is $2,000, which means they must have $2,000 or less in countable assets. The 2026 income limit for Georgia Nursing Home Medicaid for a single applicant is $2,982 per month. These numbers are strict, and many Sandy Springs families with moderate savings find themselves over the limit without realizing it.

One of the most important rules to understand is the Medicaid look-back period. Georgia uses a 60-month look-back, which is the window before a Medicaid application during which asset transfers are reviewed. When you apply for Georgia Medicaid, the state reviews all asset transfers made in the prior 60 months. Any gifts or transfers for less than fair market value during this period may result in a penalty period of Medicaid ineligibility. That means giving money to your adult children or grandchildren within five years of applying could delay your coverage.

If your income is above the Medicaid limit, a Qualified Income Trust (also called a Miller Trust) may restore eligibility. A Qualified Income Trust is an irrevocable trust that diverts excess monthly income above $2,982, legally restoring eligibility, and DCH must be named as the remainder beneficiary.

Georgia also offers Medicaid waiver programs that allow eligible seniors to receive care in assisted living rather than a nursing home. The Service Options Using Resources in a Community Environment (SOURCE) and Community Care Services Program (CCSP) waivers offer case management services with primary care physicians and payments for services offered in an assisted living home. Georgia’s CCSP and SOURCE waivers allow eligible seniors to receive Medicaid-funded care at home or in assisted living, but these programs have limited slots, so applying early is recommended. Consulting with an estate tax planning lawyer who also understands Medicaid planning can help you coordinate these strategies without triggering unintended tax or eligibility consequences.

Updating Your Will and Beneficiary Designations Before the Move

Moving into assisted living is a major life event that warrants a full review of every estate planning document you have. Your will, your trust, your beneficiary designations on retirement accounts and life insurance, and the title on your home all need to align with your current wishes and your current circumstances.

Under O.C.G.A. Title 53, Chapter 5, Georgia’s probate laws govern how wills are admitted to probate and how estates are administered. A will that was drafted years ago may not reflect your current family situation, your current assets, or the current tax rules. Beneficiary designations on IRAs and 401(k)s are especially important. These accounts pass outside of your will entirely, directly to whoever is named on the account form. If that person is deceased or if the designation is outdated, the account may end up in probate or pass to the wrong person.

O.C.G.A. Title 53, Chapter 3 also provides a year’s support right for surviving spouses and minor children. Under O.C.G.A. § 53-3-1, a surviving spouse and minor children are entitled to a year’s support from the estate of the deceased. This right can interact with your overall estate plan in ways that require careful coordination, especially if you are married and one spouse is moving into assisted living while the other remains at home near Chastain Park or elsewhere in the Sandy Springs area.

Reviewing and updating these documents before the move ensures your plan works the way you intend. It also reduces the risk of family conflict after your death. The Georgia Division of Aging Services, through its Aging and Disability Resource Connection (ADRC), provides resources to help older Georgians understand their options. Slowik Estate Planning works alongside those resources to give Sandy Springs families a complete picture of their legal options before, during, and after the transition to assisted living. Call us today to schedule a consultation at our Atlanta, Georgia office.

FAQs About Sandy Springs Estate Planning for People Moving Into Assisted Living

Do I need to update my estate plan before moving into assisted living in Sandy Springs?

Yes, and the sooner the better. Moving into assisted living changes your financial situation, your living arrangements, and potentially your capacity to sign legal documents in the future. A full review of your will, trust, powers of attorney, and beneficiary designations before the move ensures everything reflects your current wishes and meets Georgia’s legal requirements. Once you lose legal capacity, you may not be able to make those changes at all.

How does Georgia’s Medicaid 60-month look-back period affect my estate plan?

Georgia Medicaid reviews all asset transfers made within the 60 months before your application. If you gave money or property to family members during that window, the state may impose a penalty period during which you are ineligible for Medicaid benefits. Proper planning, done well before you need care, can help you structure your assets in a way that protects your family without triggering a penalty. An estate planning attorney can help you understand which transfers are safe and which ones create risk.

What is a Georgia Advance Directive for Health Care, and why do I need one before entering assisted living?

Georgia’s Advance Directive for Health Care, governed by O.C.G.A. § 31-32-5, is a single document that lets you name a health care agent to make medical decisions for you and specify the types of treatment you want or do not want. It replaced the former living will and durable power of attorney for health care. Having this document in place before you move into assisted living means your wishes are legally documented and your chosen agent has clear authority to act on your behalf if your health declines.

Can a revocable living trust help protect my home when I move into assisted living?

A revocable living trust can help your home pass to your beneficiaries without going through probate in the Fulton County Probate Court. However, a revocable trust does not protect assets from Medicaid estate recovery, because you still control those assets during your lifetime. For Medicaid protection, an irrevocable trust structure may be more appropriate, but it must be established well outside the 60-month look-back period. An estate planning attorney can help you choose the right trust structure for your specific goals.

What happens to my spouse’s assets if I move into assisted living and apply for Medicaid?

Georgia Medicaid treats all marital assets as jointly owned when evaluating eligibility. However, spousal impoverishment protections limit how much the state can require the at-home spouse to spend down. In 2026, the Community Spouse Resource Allowance allows the non-applicant spouse to keep up to $162,660 in countable assets. The at-home spouse may also be entitled to a monthly income allowance to cover living expenses. Careful planning around these rules can help protect your spouse’s financial security while you receive the care you need.