The ability of a creditor or assignee to reach a beneficiary’s interest under this subsection shall not apply to the extent that it would disqualify the trust as a special needs trust established pursuant to 42 U.S.C. Sections 1396p(d)(4)(A) or 1396p(d)(4)(C).
History. Code 1981, § 53-12-80 , enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2011, p. 752, § 53/HB 142; Ga. L. 2016, p. 8, § 4/SB 255.
Law reviews.
For article, “Self-Settled Asset Protection Trusts in Georgia,” see 23 Ga. St. B.J. 17 (Feb. 2018).
For article with annual survey on wills, trusts, guardianships, and fiduciary administration, see 73 Mercer L. Rev. 281 (2021).
Structure Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Article 5 - Spendthrift Provisions and Creditors’ Rights and Claims
§ 53-12-80. Spendthrift Provisions
§ 53-12-81. Limitations on Creditors’ Rights to Discretionary Distributions
§ 53-12-83. Creditors’ Claims Against Property That Is Subject to Withdrawal Right