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GEORGIA

 

State Reporter: Ruthann P. Lacey

3541 E. Habersham at Northlake
Tucker, GA  30084
Phone:  (770) 939-4616
Fax:  (707) 939-1758
Email: rlacey@elderlaw-lacey.com
Web site: www.elderlaw-lacey.com

Education: Juris Doctor, Emory University School of Law, 1992

Current Position: President, Ruthann P. Lacey, P.C.

Certifications: Certified Elder Law Attorney (CELA)

Memberships: Special Needs Alliance(SNA); National Academy of Elder Law Attorneys(NAELA); American Bar Association(ABA); Georgia Bar Association; and Georgia Trial Lawyers Association.

Community Involvement: Trustee on the the board of the Georgia Community Trust; frequent speaker to groups supporting families of individuals with disabilities.

Articles: "Does My Child Need a Guardian?", "Special Needs Trust:  A Planning Tool with Promise", "Preparing for and Drafting the First Party (d)(4)(A) Special Needs Trust", "Establishing and Funding a (d)(4)(A) Trust", "Planning for Aging Parents and Their Children With Disabilities."

Your State's Social Security Region: Atlanta

Your State's Federal Circuit: Eleventh

General:

Does your State Have a Specific Special Needs Trust Statute or Discretionary Trust Statute? No.

Are there State-Specific:

Resources: 

Administrative rules: ABD Medicaid Manual provisions regarding Special Needs Trusts.

Manuals/Standardized Forms: ABD Medicaid Manual provisions regarding Special Needs Trusts.

Important Case Holdings:

Pronouncements:

Fiats:

Interpretations/Unusual interpretations of the law: ABD Medicaid Manual provisions regarding Special Needs Trusts.

Does the State run a tab? I.e., does the State track the cost of services to the beneficiary and present a bill if the individual inherits funds or otherwise acquires funds? Yes, if funds acquired due to personal injury litigation.

Does the State have specific statutes or regulations on County medical services and reimbursement of costs? No.

Have You Seen Creative Uses of Charitable Remainder Trusts and SNT Receptacle Trusts? No.

Do you have a pooled trust in your state? Yes - The Georgia Community Trust.

 

Social Security Rules: SSA POMS

When a third party (such as a parent or other individual) funds a trust for another person (the "beneficiary") with the third party’s funds, what special rules does your SSA region have on:

Distribution terms: None.

Accounting/Reports/Notices: None.

Housing: None.

Remainder Beneficiaries: None.

When an individual funds a trust with his or her own funds, using the authority provided under 42 U.S.C 1396p(d)(4)(A), what special rules does your SSA region have on:

Distribution terms: None.

Accounting/Reports/Notices: None.

Housing: None.

Remainder Beneficiaries: Must be identifiable individuals or entities to avoid Doctrine of Worthier Title issues.

Are you aware of specific issues regarding housing (purchase, maintenance, utilities, gifts of housing, rentals) that have raised questions or caused problems with your state agencies or SSA office? Yes - regarding joint ownership of real property, value of individual interest, and establishing a life estate interest in home property.

Are you aware of certain types of distributions that are likely to raise questions or cause problems with one of your state agencies or SSA office? No - but Trustee should avoid making distributions directly to the beneficiary.

 

Medicaid Rules:

When a third party (such as a parent or other individual) funds a trust for another person (the "beneficiary") with the third party’s funds, what Medicaid related considerations are involved?

Distribution terms: Trustee discretion.

Accounting/Reports/Notices: None.

Housing: None.

Remainder Beneficiaries: None

When an individual funds a trust with his or her own funds, using the authority provided under 42 U.S.C 1396p(d)(4)(A), what Medicaid related considerations are involved?

Distribution terms: Trustee discretion.

Accounting/Reports/Notices: None - right now.

Housing: None.

Remainder Beneficiaries: Payback to Medicaid.

 

Department of Mental Health and Mental Retardation Rules:

When a third party (such as a parent or other individual) funds a trust for another person (the "beneficiary") with the third party’s funds, what requirements does the Department of Mental Health and Mental Retardation have for:

Distribution terms: Rules are same as Medicaid rules.

Accounting/Reports/Notices: Rules are same as Medicaid rules.

Remainder Beneficiaries: Rules are same as Medicaid rules.

 

Are third-party trusts liable for services provided by State Schools or State Hospitals?

How does the State Mental health, Mental retardation agency treat self-settled trusts?

 


State Reporters are not sponsored nor endorsed by NAMI, but have volunteered to provide information. Many of the State Reporters are members of the National Academy of Elder Law Attorneys (NAELA) and the American Bar Association. Several are members of ACTEC (the American College of Trust and Estate Counsel). Many have children and other family members with disabilities. Most have been selected by other attorneys involved with this project, because of their recognized long-term involvement with special needs trusts.

NAMI does not, however, certify all information provided here is accurate. Further, the State Reporters do not certify that information provided by others is accurate. As for the State-specific information, each State Reporter has agreed to provide reasonable updates of information that they believe to be accurate.

Also, there is no coverage here of federal laws, veterans administrations rules, Section 8 housing rules, special education, or special county rules.


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