NC and SC Estate Planning and Elder Law Firm

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.

How can my business qualify for Well Fargo's Startup Accelerator?

Wells Fargo & Co launched its Startup Accelerator in 2014 to support technology entrepreneurs. During this time the bank has received applications from more than 800 applications from startups in 40 countries - companies involved in a wide range of technological innovations from cyber security and artificial intelligence to digital marketing and operations.

Based In San Francisco, Wells Fargo also has an east coast hub based in Charlotte, North Carolina, and the bank is providing investment opportunities to startups in the region, particularly those involved in financial technology or "fintech."

"Wells is committed to Charlotte. We have a big team, which makes it that much more of a complimentary place for startups already located there to get in touch with us,” said Braden More head of payment strategy at Wells Fargo.

Will I have enough money to live on after I retire?

If you’re a Baby Boomer facing retirement and aren’t sure if you’ll have enough money to support yourself for the rest of your life once you stop working, you aren’t alone. In fact, even if you think you’ve planned well for retirement, you may have underestimated. No one likes to think about getting older, becoming disabled, or dying, but it’s imperative to have your financial and legal affairs in order before retiring.

Financial experts suggest that retirees will need to replace 70% of their pre-retirement income to live during their retirement. Retirement income sources may include savings, investments, 401(k)s, IRAs, social security benefits, pensions, etc.

In a dramatic and inexcusable case of administrative oversight, the Veterans Administration (VA) has allegedly suspended benefits for over 4,200 recipients in the past four years – all which were “presumed dead,” despite being very  much alive and well.

Late last year, a Florida lawmaker made an inquiry into the VA’s records, specifically seeking information on the number of terminations premised on “presumed demise.” The inquiry came after several of his constituents in the Tampa area complained about losing their benefits – and having to navigate a bureaucratic labyrinth to reinstate their rightful entitlements.

As a result of the inquiry, the VA revealed that over 1,000 terminations were occurring per year, all of which were erroneous. The highest number of errors occurred in 2015, 1,025 American veterans losing their monthly benefits after being wrongfully presumed dead.