What's the same as everywhere — and what's specific to Georgia, from the NOW/COMP waitlist to Georgia STABLE.
A special needs trust works the same way in Georgia as it does nationwide — federal law lets it hold assets for your loved one without counting against SSI and Medicaid. What's specific to Georgia is everything around the trust: Medicaid is run by the Department of Community Health, developmental-disability services come through the state's NOW and COMP waivers (with a years-long waitlist), Georgia's ABLE plan is Georgia STABLE, and Georgia is an "income-cap" state. Here's what that means for your plan.
Before the Georgia-specific details, the basics that apply everywhere: a third-party special needs trust holds money for your loved one without it counting toward the $2,000 SSI and Medicaid resource limit, and it avoids Medicaid payback. For how the trust itself works, see our guide on what a special needs trust is.
Georgia administers Medicaid through the Department of Community Health, while the Department of Behavioral Health and Developmental Disabilities (DBHDD) runs the two waivers that matter most for individuals with intellectual and developmental disabilities: the NOW (New Options Waiver) for those who can live at home or in the community, and the COMP (Comprehensive Supports Waiver) for those needing more intensive, around-the-clock support.
The hard reality in Georgia is the waitlist, formally called the "Planning List." As of 2026 roughly 7,900 Georgians are waiting, with only about 100 new slots opening per year — meaning waits can stretch a decade or more. The single most important thing a Georgia family can do is get on the Planning List as early as possible. The state is also moving toward a three-tier system to prioritize the most urgent needs.
Georgia's ABLE program is Georgia STABLE. Two Georgia-specific points are worth knowing: Georgia does not offer a state income-tax deduction for contributions, and Georgia does require Medicaid recovery from ABLE account balances after the account holder's death — unlike a handful of states that have waived it. The practical takeaway: use STABLE funds for qualified expenses during your loved one's lifetime rather than letting a large balance accumulate, and use a third-party special needs trust for larger, long-term amounts where payback isn't a concern.
Yes. For Medicaid long-term care, Georgia caps income, and a person whose income exceeds the limit may need a Qualified Income Trust (also called a Miller Trust) to qualify. That's a different tool from a special needs trust — it deals with income, not assets — but it's part of the Georgia picture an experienced attorney will address.
For smaller amounts, or when a professional trustee is preferred, Georgia families can use the Georgia Community Trust, a nonprofit-run pooled special needs trust. Pooled trusts can be a cost-effective alternative to a stand-alone trust.
A special needs trust should be drafted by an attorney licensed in Georgia who focuses on special needs or elder law — not a general estate planner. Special Legacy works alongside your Georgia attorney and advisory team on the funding side, helping make sure the trust they build is actually paid for.
For Georgia families, the urgent first move isn't the trust — it's the Planning List. Get your loved one registered with DBHDD today, then build the trust and funding plan around it.
Our free Care Cost Calculator estimates your loved one's lifetime care costs and shows the funding gap — a clear, no-pressure place to begin.
Estimate Care CostsThis article is for educational purposes only and is not legal, tax, or financial advice. Eligibility rules and dollar figures change frequently and vary by program. The figures here reflect 2026 and should be confirmed with your state Medicaid agency and a special needs attorney licensed in your state.