NC and SC Estate Planning and Elder Law Firm

If you care for someone with special needs, you know your loved one is someone special. It should come as no surprise that a loved one who needs special attention and care from you during your lifetime also requires a different treatment than others included in your estate plan.

Leaving money to someone who has a disability is a wonderful thing to do, but if not done properly, it can end up making them worse off.
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There’s no doubt about it, we live in a digital world. Perhaps there is no better example of this than what happened during Hurricane Matthew. It was almost humorous to see young people try and figure out how to live unplugged for a while, but there were plenty of serious moments as well. Facebook activated its “safety check” feature which allowed people in the storm’s path to digitally signal they were doing alright, and a guy from Hope Mills, North Carolina was rescued because his brother down in Texas happened to see a picture of his flooded house, which was taken by a drone, on Twitter.

Although the digital world has become an important aspect of our live, it is not something many people think about when they craft their Read more . . .

The probate process in North Carolina can seem like a confounding mix of statutes, regulations and jurisdiction-specific nuances enough to make anyone’s head spin. While we of course recommend working with an experienced North Carolina estate administration attorney through the process, the following addresses some of the most commonly-asked questions during consultations:

What happens if my loved one died without a Will?

Dying without a Last Will and Testament means the estate will pass through probate under the laws of “intestacy.” In essence, intestacy works as a statute-driven plan for the distribution of the deceased’s property, creating a de facto estate plan for the administrator to work under.

Q: Can I qualify for Medicaid assistance to keep my medically fragile child at home instead of in a hospital or residential care setting?

When people think of Medicaid planning, they often picture low-income individuals over 65 who need medical assistance or nursing home care. But Medicaid’s medical assistance benefits are not just for the elderly; they are for the disabled, blind, or low-income families and children who qualify for the joint federal-state program. And in one particular NC waiver program some very sick children can qualify for Medicaid help regardless of their family’s income.

Known as the “SCUPAA,” South Carolina’s recently-enacted Uniform Power of Attorney Act brings it to a point of cohesiveness with 21 other states, all of which have enacted a nearly-identical act to help streamline the power of attorney creation and execution process. On June 9^th, 2016, Governor Hailey signed the act into law following bi-partisan support of the bill in the legislature. The act will provide South Carolinians with a simple, straightforward way to ensure their property and finances are managed properly past the point of mental incapacity – an issue with which many family members have grappled over the years.

How can a guardianship help protect my adult child who is unable to care for him or herself?

A South Carolina mother is struggling to regain guardianship over her daughter, who is intellectually disabled and unable to live independently.  The daughter had been sexually assaulted years prior, leading to a landmark Supreme Court ruling.  In the case, the Supreme Court held that the group home in which the woman was living had a duty to exercise reasonable care in supervising its residents.
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Is an irrevocable trust a wise choice for you?

A trust fund is a legal setup in which three people are involved: the grantor, the beneficiary, and the trustee. The trustee is the person or organization responsible for making sure that the trust is administered as the grantor intended. There are many reasons for establishing trusts of various types, for example to prevent the risk of leaving a large sum of money to a child who may spend it recklessly.

In a great many cases, careful estate planning involves establishing one or more trusts. By choosing a Read more . . .

Who will be affected by proposed reforms to Medicaid law in North Carolina?

There is no shortage of political jokes, especially in an election year like this one. Politicians and government officials are often blamed for accomplishing nothing or criticized for enacting unpopular legislation. But the most frustrating thing is when a potentially disastrous change is proposed to a system that’s working fine—actually better than fine.

Such is the case with the proposed reform of North Carolina’s Medicaid law. Medicaid provides medical care to the poor, the majority of whom are children.
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Discussing end-of-life issues is never easy. However, difficult medical scenarios can arise at a moment’s notice, and we believe all our clients should have a say – albeit via a healthcare power of attorney – in their treatment when facing a terminal or debilitating condition. An advance directive is a power of attorney drafted solely to address complex medical issues – and specifically pertains to the scenario in which you cannot advocate for yourself due to unconsciousness, injury or illness. As a component of the healthcare power of attorney – also known as an “Advance Directive” – an agent can make important end-of-life decisions, including their wishes with regard to resuscitation, life support and pain management.

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What is the government doing about elder abuse.

Back in May, we reported on the growing problem of elder abuse in all its forms, physical, emotional and financial. Many have termed this the crime of the 21st century, and now elder abuse has become a concern for the federal government. The U.S.

Can a veteran qualify for a service dog?

In a world where veterans are often waiting for…or fighting for… various government- sponsored benefits, a “feel good” story about vets helping other vets takes the bite out of the daily depressing headlines.

The North Carolina-based organization, Canines for Service, provides service dogs to veterans who are disabled as a result of their military service. The dogs have all been rescued from shelters and, after being trained for 9-12 months to become service dogs, are placed free of charge with disabled vets from all over the country. Some of the veterans’ qualifying disabilities include mobility issues, documented post-traumatic stress disorder (PTSD), and traumatic brain injuries. It’s common for the service dogs to assist their new owners for 8-10 years before retiring and being replaced.