Georgia Special Needs Trust Rules 2025 | ABLE + SNT Guide

You’re not alone in this. As a parent who’s navigated these waters for over 18 years with my autistic son, I know the fear that keeps you up at night — the worry that one wrong move could cost your child their benefits, their care, their future. Take a breath. You’ve found the right place, and Georgia has real options to protect your family.

Here’s everything you need to know about Special Needs Trusts and ABLE accounts in Georgia — no legal jargon, just clear answers from a parent who’s been there.

Quick Facts: Georgia Special Needs Trust Rules (2025)

  • First-party Special Needs Trust allowed: Yes
  • Third-party Special Needs Trust allowed: Yes
  • Sole benefit rule: Yes
  • ABLE contribution limit (2025): $19,000/year
  • ABLE balance limit before SSI impact: $100,000
  • Medicaid payback required: First-party trust only (not third-party)
  • Age limit for first-party trust: Under 65 at creation
  • Disability onset for ABLE eligibility: Before age 26

What Are the SNT and ABLE Rules in Georgia?

📜

Special Needs Trusts

  • First-Party SNT: Yes
  • Third-Party SNT: Yes
  • Sole Benefit Rule: Yes
💰

ABLE Account

  • 2025 Limit: $19,000/year
  • Age Requirement: Disability onset before 26
  • Official Site: Georgia ABLE →
📅

Age Limits

Under 65 for first-party; none for third-party

🏥

Medicaid Payback

Yes (first-party only)

Third-party SNTs avoid payback entirely

Official sources: Georgia Medicaid · SSA Guide to Special Needs Trusts

What’s the Difference Between ABLE and SNT in Georgia?

Here’s what most websites won’t tell you: ABLE and SNTs aren’t rivals — they’re teammates. Many Georgia families use both for complete protection. ABLE handles the day-to-day ($19,000/year for therapy, equipment, activities), while an SNT protects larger amounts (inheritance, lawsuit settlements, gifts over $2,000).

💰 ABLE Account
Annual Limit $19,000 (2025)
Account Cap ~$100K (SSI-safe)
Setup Cost Free or low-cost
Who Opens Individual or rep
Age Requirement Onset before 26
Medicaid Payback Yes (at death)
Best For Day-to-day expenses
Tax Benefits Tax-free growth
📜 Special Needs Trust
Annual Limit No limit
Account Cap No limit
Setup Cost $2,000–$5,000+
Who Opens Parent, guardian, court
Age Requirement Under 65 (1st-party)
Medicaid Payback 1st-party: Yes
3rd-party: No
Best For Large assets, inheritance
Tax Benefits Trust income taxed
💡 Georgia Pro Tip: Most families benefit from using BOTH. ABLE for quick access to $19,000/year (therapy, equipment, daily needs). Special Needs Trust for protecting larger amounts (inheritance, settlements, gifts over $2,000).

Do I Need an SNT, ABLE, or Both in Georgia?

Answer 4 quick questions to get a personalized recommendation for your Georgia family:

🧮 Do You Need a Special Needs Trust, ABLE Account, or Both?

Answer a few quick questions to get a personalized recommendation for Georgia.

How Do I Get Started with SNT Planning in Georgia?

📋 Free Georgia Special Needs Planning Checklist

Get our comprehensive checklist covering Special Needs Trusts, ABLE accounts, benefit protection, and estate planning — customized for Georgia rules.

What’s included:

  • ✓ Georgia-specific Special Needs Trust requirements
  • ✓ ABLE account setup steps
  • ✓ Documents to gather before meeting an attorney
  • ✓ Benefit protection red flags
  • ✓ Questions to ask your attorney
  • ✓ Annual review checklist

📧 Get the free PDF checklist:

No spam. Just the checklist + occasional updates when Georgia rules change.

What Mistakes Should Georgia Families Avoid?

⚠️ Parent Traps to Avoid in Georgia

From my 15+ years helping families (including my own):

  • Georgia enforces a strict sole benefit rule — every dollar must directly benefit your disabled child.
  • Not using Georgia STABLE's competitive fees and solid investment options.
  • Thinking Atlanta attorneys know rural Georgia Medicaid offices — significant regional differences.
  • Missing that Georgia allows first-party SNTs to be established by the individual with a disability.
  • Forgetting Georgia's court system moves slowly — start SNT process 6+ months before needed.

What Are My Next Steps?

✅ Your Next Steps to Protect Your Child

  1. Use the calculator above to see if you need an ABLE, SNT, or both.
  2. Download the free Georgia Checklist to prepare for an attorney meeting.
  3. Open an ABLE account — takes 15 minutes, costs nothing, protects $19K immediately.
  4. Consult a Georgia special needs attorney — free initial consultation available.

💡 Don’t wait. Every month without protection is a risk. I learned this the hard way.

How Do I Find a Georgia Special Needs Attorney?

👨‍⚖️ Need a Georgia Special Needs Attorney?

Get a free consultation with a verified special needs trust attorney in Georgia. They understand the unique rules and can protect your child’s benefits.

  • ✓ Free initial consultation
  • ✓ Experienced in Georgia Medicaid rules
  • ✓ Can set up Special Needs Trusts and coordinate with ABLE accounts
Find a Georgia Attorney →

We only recommend attorneys we’d trust with our own family.

How Does Georgia Compare to Other States?

🗺️ How Georgia Compares to Nearby States

Neighboring states: Alabama, Florida, North Carolina

States with similar rules: North Dakota, South Dakota

States with different rules: Florida, Alabama

💡 Georgia's strict sole benefit rule differs from most neighboring states.

Moving or have family in another state? Compare states side-by-side →

More Resources

📚 Complete ABLE vs SNT Guide — Deep dive into when to use each
📊 Compare Georgia to Other States — See how rules differ
📋 Resource Hub — Checklists, calculators, and guides


Randy Smith - Special Needs Trust By State
Written by Randy Smith
Special needs dad from Tallahassee, Florida. 18+ years navigating Special Needs Trusts and ABLE accounts for his autistic son. Not a lawyer — just a parent who’s been where you are.

Last updated: December 2025. I review Georgia rules quarterly and update this page whenever regulations change. Bookmark it.

Hey there! Ask me anything!