Elder Law Attorney in Savannah, GA — Protecting Seniors and Families Across Coastal Georgia
Growing older should not mean growing unprotected. At Smith Barid, LLC, our elder law attorneys in Savannah, Georgia help seniors and their families navigate the legal, financial, and healthcare decisions that come with aging. From Medicaid planning and guardianship to veterans benefits and long-term care strategies, we provide compassionate, experienced counsel so you can focus on what matters most—your family and your peace of mind.
We believe everyone deserves the peace of mind of knowing their legacy and loved ones are protected. Whether you are planning ahead or facing an urgent crisis, our team is here to guide you every step of the way.
What Is Elder Law?
Elder law is a specialized area of legal practice focused on the unique needs of aging adults and their families. Unlike general estate planning, elder law addresses the intersection of healthcare, government benefits, guardianship, long-term care financing, and asset protection that seniors face as they age.
An experienced elder law attorney helps families answer difficult questions: How will we pay for nursing home care? Can we protect Mom’s savings if she needs Medicaid? Who makes medical decisions if Dad can no longer decide for himself? How do we protect a loved one from financial exploitation?
At Smith Barid, we take a holistic approach to elder law, integrating your long-term care plan with your broader estate plan to ensure every aspect of your future is addressed.
Elder Law Services We Offer in Savannah
Medicaid Planning and Applications
The cost of nursing home care in Georgia often exceeds $8,000 per month. Without proper planning, a lifetime of savings can be depleted in just a few years. Our Savannah elder law attorneys help families develop Medicaid planning strategies that protect assets while ensuring eligibility for benefits.
Georgia Medicaid has strict income and asset limits, and the five-year look-back period means that asset transfers must be planned well in advance. We help clients understand these rules, structure their finances appropriately, and submit complete, accurate applications to avoid costly delays and denials. For families facing an immediate need, we also handle Medicaid crisis planning—legally protecting as many assets as possible even when long-term care is already needed.
Long-Term Care Planning
Long-term care planning goes beyond Medicaid. We help families evaluate all available options for funding care, including long-term care insurance, personal savings strategies, veterans benefits, and government assistance programs. Our goal is to create a comprehensive plan that covers your care needs without unnecessarily depleting your estate.
We are also licensed insurance agents who can assist you with long-term care insurance options, giving you a truly complete picture of your funding possibilities.
Guardianship and Conservatorship
When a loved one can no longer manage their own affairs due to cognitive decline, illness, or disability, Georgia law provides a legal process to appoint a guardian or conservator. Under O.C.G.A. § 29-4 (Georgia’s guardianship statute for incapacitated adults), a court may appoint a guardian to make personal and healthcare decisions, and a conservator to manage financial matters.
Our attorneys guide families through the guardianship petition process in Chatham County Probate Court and throughout Coastal Georgia. We handle emergency guardianship petitions when immediate protection is needed, as well as permanent guardianship proceedings. We also help families explore less restrictive alternatives, such as powers of attorney, when appropriate.
Powers of Attorney and Advance Directives
Georgia’s Uniform Power of Attorney Act (O.C.G.A. § 10-6B) governs financial powers of attorney in the state. A properly drafted durable power of attorney allows a trusted person to manage your financial affairs if you become incapacitated, without the need for a court-appointed conservator.
We also prepare advance directives for healthcare (also known as healthcare powers of attorney and living wills), ensuring your medical wishes are documented and legally enforceable. These documents are essential for every adult, not just seniors, and they can prevent family conflict and court intervention during a medical crisis.
Veterans Benefits — Aid and Attendance
Many veterans and surviving spouses are eligible for the VA’s Aid and Attendance benefit, which can provide over $2,000 per month to help cover the cost of assisted living, in-home care, or nursing home care. Despite this, the benefit remains significantly underutilized because many families do not know it exists or find the application process overwhelming.
Our elder law team helps veterans and their families determine eligibility, gather the required documentation, and submit claims. We coordinate VA benefits planning with your broader Medicaid and estate plan to maximize the resources available to fund your care.
Special Needs Trusts
If you have a family member with a disability who receives Supplemental Security Income (SSI) or Medicaid, an inheritance or financial gift could disqualify them from those essential benefits. A special needs trust (also called a supplemental needs trust) allows you to set aside funds for a loved one’s supplemental needs—such as education, recreation, and personal care—without jeopardizing their government benefits eligibility.
We draft both first-party and third-party special needs trusts tailored to Georgia law and federal benefits requirements, ensuring your loved one is provided for throughout their lifetime.
Elder Abuse and Financial Exploitation Protection
Elder abuse—whether physical, emotional, or financial—is a growing concern in Georgia and nationwide. Financial exploitation alone costs American seniors billions of dollars each year. Our attorneys help families identify warning signs of exploitation, pursue legal remedies to recover misappropriated assets, and put protective legal structures in place to prevent future abuse.
We work with families to establish oversight mechanisms through properly drafted powers of attorney, trust provisions, and, when necessary, guardianship proceedings to protect vulnerable adults.
Why Choose Smith Barid for Elder Law in Savannah?
Focused Experience in Estate Planning and Elder Law
Unlike general practice firms that handle everything from DUI defense to divorce, Smith Barid focuses exclusively on estate planning, probate, elder law, and related practice areas. This focus means our attorneys have deep, specialized knowledge of the legal strategies that protect seniors and their families.
Attorney Mike Smith literally wrote the book on living trusts—The Ultimate Gift—and the firm he co-founded brings decades of combined estate planning experience to every client engagement.
Transparent, Fixed Pricing
We believe legal services should never come with billing surprises. At Smith Barid, we offer fixed, upfront pricing for our elder law services. You will know exactly what your plan costs before we begin—no hourly billing, no unexpected invoices. This approach lets you focus on the decisions that matter rather than watching the clock.
A Client-Centered, Collaborative Approach
Elder law decisions affect the entire family. That is why we take a collaborative approach, working with you, your family members, financial advisors, and other professionals to create a plan that addresses every dimension of your situation. We listen, we educate, and we guide—never pressure.
A Proven Process
Our carefully honed planning process ensures nothing falls through the cracks. From your initial free discovery call through document execution (typically completed in 45 days or less), every step is designed to be clear, efficient, and thorough.
Georgia Elder Law: What You Need to Know
Georgia Medicaid Eligibility Rules
Georgia Medicaid for long-term care (nursing home or home and community-based services) has specific financial eligibility requirements. As of 2026, an applicant generally must have countable assets below $2,000 (for an individual) and meet income limits that vary based on the type of care. The community spouse (the spouse who is not entering a nursing facility) is entitled to retain a community spouse resource allowance (CSRA), which protects a portion of the couple’s assets.
Georgia enforces a five-year look-back period for asset transfers. Any gifts or transfers made for less than fair market value within five years of a Medicaid application can result in a penalty period during which Medicaid will not pay for care. Proper advance planning with an experienced elder law attorney is essential to structure your finances within these rules.
Georgia Guardianship Law (O.C.G.A. § 29-4)
Georgia’s guardianship statute for incapacitated adults is found at O.C.G.A. § 29-4. To establish a guardianship, a petition must be filed in the probate court of the county where the proposed ward resides. The court will appoint an attorney (called a guardian ad litem) to represent the proposed ward’s interests, and an evaluation committee assesses the individual’s capacity. The court may grant full guardianship or limited guardianship, depending on the individual’s needs.
Because guardianship removes significant personal rights, Georgia courts prefer the least restrictive alternative that adequately protects the individual. Our attorneys always evaluate whether a power of attorney, advance directive, or other arrangement can serve the client’s needs before pursuing guardianship.
Georgia Power of Attorney Act (O.C.G.A. § 10-6B)
Georgia adopted the Uniform Power of Attorney Act, codified at O.C.G.A. § 10-6B, which modernized the state’s power of attorney law. Key provisions include: a durable power of attorney remains effective even after the principal becomes incapacitated; the agent has a fiduciary duty to act in the principal’s best interest; and third parties who refuse to accept a valid power of attorney without reasonable cause may be subject to court sanctions.
Having a properly drafted power of attorney is one of the most important steps any adult can take. It can avoid the need for an expensive, time-consuming guardianship proceeding if incapacity occurs.
Savannah Elder Law Service Area
Smith Barid’s elder law practice serves families throughout Coastal Georgia and the surrounding region. Our main office is located at 7393 Hodgson Memorial Dr. Suite 202, Savannah, GA 31406, and we regularly represent clients from:
- Chatham County — Savannah, Pooler, Bloomingdale, Garden City, Thunderbolt, Wilmington Island, Tybee Island, Georgetown
- Bryan County — Richmond Hill, Pembroke
- Effingham County — Rincon, Springfield, Guyton
- Liberty County — Hinesville, Midway, Flemington (including Fort Stewart families)
- Bulloch County — Statesboro
- Screven, Evans, and Candler Counties
- Beaufort County, SC — Bluffton, Hilton Head Island (for Georgia-based planning)
We also serve families in Metro Atlanta through our Marietta office, located at 3750 Palladian Village Dr. Suite 500, Marietta, GA 30066.
Frequently Asked Questions About Elder Law in Georgia
What is the difference between elder law and estate planning?
Estate planning focuses on how your assets are managed and distributed during your lifetime and after death—through wills, trusts, and beneficiary designations. Elder law encompasses estate planning but also addresses issues unique to aging, including Medicaid eligibility, long-term care funding, guardianship for incapacitated adults, veterans benefits, and protection against elder abuse. At Smith Barid, we integrate both disciplines so your plan covers every stage of life.
When should I start elder law planning?
The best time to start is before you need it. Because Georgia Medicaid enforces a five-year look-back period on asset transfers, early planning gives you the most options for protecting your savings. However, even if a loved one already needs care, crisis planning strategies may still protect a significant portion of your assets. Contact us as early as possible for the best outcome.
How much does a nursing home cost in Savannah, Georgia?
As of 2026, the average cost of nursing home care in the Savannah area ranges from approximately $7,500 to $9,500 per month for a semi-private room, and higher for a private room. Assisted living facilities typically range from $3,500 to $5,500 per month. These costs can deplete a lifetime of savings in just a few years without proper planning.
Does Medicaid pay for assisted living in Georgia?
Georgia Medicaid does offer coverage for assisted living through its Home and Community-Based Services (HCBS) waiver programs, including the Community Care Services Program (CCSP) and SOURCE. However, these waiver programs have limited slots and waiting lists. Our elder law attorneys can help you understand your options and navigate the application process.
Can I protect my home from Medicaid in Georgia?
Your primary residence is generally exempt from Medicaid’s asset limit while you or your spouse live in it. However, Georgia may place a lien on the home after your death through its estate recovery program. With proper planning—such as an irrevocable trust, a life estate deed, or spousal protections—it may be possible to protect your home for your family. The specifics depend on your situation, so consult with an elder law attorney before making any transfers.
What should I bring to my first elder law consultation?
To make the most of your free discovery call, it helps to have basic information about your financial situation (bank accounts, investments, real estate, insurance policies), any existing legal documents (wills, trusts, powers of attorney), information about current or anticipated care needs, and military service records if applicable for veterans benefits. Do not worry if you do not have everything—we will guide you through what we need.
Take the First Step — Schedule Your Free Discovery Call
If you or a loved one is facing decisions about long-term care, Medicaid, guardianship, or any elder law matter, we are here to help. At Smith Barid, your first conversation with us is always free, with no obligation and no pressure. We will listen to your situation, answer your questions, and explain your options clearly.
Call us today at 912-352-3999 or schedule your free discovery call online.
Smith Barid, LLC
7393 Hodgson Memorial Dr. Suite 202
Savannah, GA 31406
Phone: 912-352-3999