Legal Question in Wills and Trusts in Georgia

Your mother (perhaps as suggested by her family) should have consulted with an elder law attorney when the dementia was first discovered, so she (and close family) should see one immediately. No one here can possibly answer your questions without many more facts. One thing we can tell you - the longer you/she waits, the lower the chances her financial/estate affairs can be successfully fixed. It might be too late anyway.

Possibly. At the beginning of the case she (or you) should have talked about the legal ramifications of dementia with an elder law lawyer. The longer that is delayed, the more likely it becomes that assets are lost to Medicare. How her settlement is structured also affects the answer, and should be discussed with her PI attorney.

Why is this a probate question if your mother is still alive? More important, is your mother receiving Medicaid? You post suggests that she has not yet entered a nursing home.

How is the settlement to be structured? It may be that any settlement funds can go into a self-funded special needs trust. However, by law Medicaid is entitled to be reimbursed from the trust assets and the trust must contain language to this effect.

If your mother is not yet getting Medicaid, there is a 5 -year lookback, in general if she gives away any property. The Medicaid rules are complex and each state is different.

Your mother's legal representative (called a conservator), if they have not done so already, needs to see an elder law attorney to make sure that the settlement is properly structured so as not to jeopardize your mother's entitlement to or receipt of Medicaid benefits.