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NC and SC Estate Planning and Elder Law Firm

Wednesday, November 23, 2016

Suing To Set Up Shop


With all that has been going on in the world over the past month, it was easy to miss the fact that an interesting new lawsuit has been filed against the state of South Carolina. The fact that the state is getting sued is not news. That happens all the time. What is different about this case is that it is about whether or not an innovative new company is able to do business in South Carolina.

Opternative is a Chicago-based company that allows consumers to get a prescription for glasses or contacts over the internet.


Read more . . .


Monday, October 31, 2016

An All Too Real Horror Story


An All Too Real Horror Story

Spoiler Alert: The following includes information about this season of the popular TV show American Horror Story: Roanoke.

One of the central plots in Season 6 is recapping the actions of a pair of nurses (now ghosts) who opened an assisted living facility in North Carolina (Roanoke like the lost colony, not like the current city in case you were wondering) so they could kill people whose initials spell out their favorite word, M-U-R-D-E-R.

What many people don’t realize, is that this scary story is based on a real life horror story. Catherine May Wood and Gwendolyn Gail Graham, the “Lethal Lovers,” were convicted of second and first degree murder respectively after several people under their care at a nursing home in Michigan died suspiciously. According to a New York Times article recounting the ladies’ 1988 arrests, says it was rumored that the killers were attempting to spell out the word “MURDER,” just like the ghosts in American Horror Story.
Read more . . .


Monday, October 31, 2016

Special Needs Trusts Help You Care For The Special People In Your Life


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.
Read more . . .


Monday, October 31, 2016

Do You Have Plans For Your Digital Afterlife?


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 . . .


Tuesday, October 18, 2016

Frequently Asked Questions About the North Carolina Probate Process


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.


Read more . . .


Monday, September 26, 2016

Increased Demand for Medicaid Lands Sick Children on Waitlist


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.


Read more . . .


Saturday, September 24, 2016

South Carolina Legislature Enacts New Power of Attorney Act


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 9th, 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.


Read more . . .


Saturday, September 24, 2016

Mother Fights for Guardianship of Intellectually Disabled Daughter


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.
Read more . . .


Saturday, September 24, 2016

The Values of an Irrevocable Trust


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 . . .


Tuesday, August 30, 2016

Threatened Reform of North Carolina’s Model Medicaid System


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.
Read more . . .


Tuesday, August 9, 2016

Why You Need an Advance Directive: VA Doctors Participate in 'Adverse Events' Study


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.

We know that


Read more . . .


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| Phone: 803-594-4453
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