Special Needs Trust - Georgia

GEORGIA THIRD PARTY SPECIAL NEEDS TRUST

This irrevocable trust is made on [__/__/____] by [SETTLOR FULL NAME], of [SETTLOR ADDRESS] (Settlor), and [TRUSTEE FULL NAME], of [TRUSTEE ADDRESS] (Trustee), for [BENEFICIARY FULL NAME], of [BENEFICIARY ADDRESS] (Beneficiary). Settlor is transferring Settlor's own property listed in Schedule A. Beneficiary and Beneficiary's spouse are not providing any trust property.

1. Declaration and funding

Settlor creates this irrevocable trust for Beneficiary and transfers the specific property in Schedule A to Trustee now. Trustee accepts that property and shall hold it under this instrument. Settlor retains no right to revoke, reclaim, or direct distributions from the trust. The Trustee may accept later contributions from persons other than Beneficiary or Beneficiary's spouse, recording the donor and property received. Trustee shall reject any proposed contribution traceable to either of them and refer it for separate benefits advice. A promised future gift alone is not the initial funding described in Schedule A.

2. Beneficiary and distributions

During Beneficiary's life, Trustee may distribute income or principal for goods, services, care, education, recreation, housing, transportation, advocacy, or other needs that enhance Beneficiary's welfare. Trustee alone decides the amount, timing, payee, and method of payment in good faith and with prudent care. Beneficiary cannot demand a distribution or direct Trustee to make one. Trustee may pay providers directly or purchase goods, and may make a direct payment to Beneficiary after considering its effect on any benefits Beneficiary actually receives.

The trust is intended to supplement public benefits where practical. Before a payment likely to affect a means tested program, Trustee shall assess the current program rules and may seek advice from a qualified benefits adviser. Trustee may choose a payment that reduces a benefit if its value to Beneficiary warrants that result. No provision promises that any particular payment or this trust will preserve eligibility. Trustee shall maintain distribution records and provide information to benefit agencies when legally required.

3. Spendthrift restriction

Beneficiary may not voluntarily assign or transfer any interest in this trust. No creditor or other person may compel or attach a distribution before receipt except to the extent Georgia law permits. This restriction does not shield property contributed by Beneficiary or Beneficiary's spouse; those contributions are prohibited by Section 1.

4. Trustee administration

Trustee shall safeguard and keep trust property separate, maintain records, invest and manage prudently, and administer this trust in good faith for its stated purpose. Subject to fiduciary duties, Trustee may retain, invest, sell, exchange, lease, and insure property, employ professional advisers, pay reasonable administration costs, settle claims, and execute instruments needed to administer the trust. Trustee shall give the required notice of this irrevocable trust to qualified beneficiaries within 60 days of creation and furnish reports and accountings required by Georgia law, including an annual accounting to Beneficiary or a person legally entitled to receive it for Beneficiary. At termination Trustee shall account to the remainder beneficiaries.

Trustee shall receive compensation of [AMOUNT OR FORMULA, INCLUDING $0 IF UNPAID] and reimbursement of reasonable expenses properly incurred for this trust. Trustee remains personally answerable for a breach of trust to the extent Georgia law provides. This instrument grants no blanket release, asset-value cap, automatic approval by silence, or advance waiver of claims.

5. Successor trustees

If Trustee dies, resigns, becomes unable or unwilling to serve, or is removed, [FIRST SUCCESSOR FULL NAME AND ADDRESS] shall serve. If that person cannot serve, [SECOND SUCCESSOR FULL NAME AND ADDRESS] shall serve. A successor accepts by a signed writing delivered to the outgoing trustee or, if none, kept with trust records, and receives the trust property and records. An outgoing trustee shall cooperate in the transfer and provide a final accounting. A trustee may resign under this instrument by at least 30 days' written notice to Settlor if living, the qualified beneficiaries, and any cotrustee; resignation that creates a vacancy requiring a replacement takes effect when the successor accepts, subject to Georgia law. An interested person may seek court removal for good cause under Georgia law.

6. Death and remainder

The trust ends upon Beneficiary's death or earlier exhaustion of its property. After paying proper trust expenses and enforceable claims, Trustee shall distribute 100% of the remaining property to [PRIMARY REMAINDER BENEFICIARY FULL NAME]. If that person does not survive Beneficiary, Trustee shall distribute 100% to [ALTERNATE REMAINDER BENEFICIARY FULL NAME]. If neither survives, Trustee shall distribute 100% to [ULTIMATE REMAINDER BENEFICIARY OR CHARITY NAME AND ADDRESS]. These names must be completed before signing. This third party trust does not direct an automatic Medicaid reimbursement; Trustee shall honor any enforceable claim under applicable law.

7. Governing law

Georgia law governs this trust. A court may grant relief available under that law. If a provision is unenforceable, the remaining provisions continue to the extent they can operate consistently with this trust's purpose.

Signatures

Settlor signs this written trust and confirms the present transfer shown in Schedule A.

Settlor signature: __________________________ Date: [__/__/____]

Printed name: [SETTLOR FULL NAME]

Trustee signs to accept the trusteeship and acknowledges receipt of the Schedule A property.

Trustee signature: __________________________ Date: [__/__/____]

Printed name: [TRUSTEE FULL NAME]

Schedule A — Initial trust property and receipt

Specific asset or amount transferred now: [DESCRIBE PROPERTY, ACCOUNT, CHECK, OR CASH AND AMOUNT]

Transfer method and identifying details: [DELIVERY, TITLE, ACCOUNT OR OTHER IDENTIFIER]

Date received by Trustee: [__/__/____]

Trustee receipt signature: __________________________