Special Needs Trust Form - Georgia
RESOURCES SPECIAL NEEDS TRUST
VOLUME II/MA, MT 35 – 08/09 SECTION 2346-1
2346 – SPECIAL NEEDS TRUST
POLICY STATEMENT
A Special Needs Trust (SNT) is a trust that contains the assets of
certain individuals for his/her benefit. It also limits the trustee’s
discretion as to the purpose of the distributions.
BASIC
CONSIDERATIONS
Step 1
A Special Needs Trust (SNT) must meet the following specific
guidelines:
• Be established for the sole benefit of the individual by a parent,
grandparent, legal guardian of the individual, or a court. Refer
to Section 2502-7, Chart 2502.1 for definition of “sole benefit
of”.
• Provide that the State will receive all amounts remaining in the
trust upon the death of the individual up to an amount equal to
the total medical assistance paid on behalf of the individual
• May contain the assets of individuals other than the disabled
individual.
• Must be established by a disabled individual under 65 and
contain only their assets (income and resources).
• Must have had no additions to or augmentation of since member
turned 65.
NOTE: Certain payments are not assignable by law and, therefore, are
income to the individual entitled to receive payment under regular
income rules. They may not be paid directly into a trust, but
individuals may attempt to structure trusts so that it appears that they
are so paid. Important examples of non-assignable payments include:
• TANF
• Railroad Retirement Board - administered pensions
• Veterans pensions and assistance
• Federal employee retirement payments administered by the
Office of Personnel Management
• Social Security title II and SSI payments
• Private pensions under the Employee Retirement Income
Security Act
Effective April 1, 2005, DCH Legal Services will determine the
validity of all SNTs.
To be a valid SNT, attorneys drawing up the SNT should adhere to the
following guidelines:
The attorney should send the SNT to DCH Legal Services two months
prior to execution and/or judicial approval. Use the “Special Needs
Trust Review Routing Form” found in Appendix F of the Medicaid
Manual.
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