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North Carolina Elder Law Questions & Answers
1 Answer | Asked in DUI / DWI and Elder Law for North Carolina on
Q: I'm 55 years old I was just indicted on habitual dwi spanning out since 1990. Am I going to prison?

Can I avoid prison at age 55? Can they go back to 1990 30 years ago and charge me with habitual today?

Amanda Bowden Houser
Amanda Bowden Houser answered on Aug 2, 2020

No, you can not avoid prison because of your age. You typically avoid prison by either not being convicted of something that requires prison time or convincing a Judge to be lenient when prision time is optional. As to how far they can go back, it depends on what you mean. If you mean can they... Read more »

1 Answer | Asked in Elder Law, Estate Planning and Probate for North Carolina on
Q: My brother is POA over my family's it possible for my brother to change finances to suit him better?

My mother recently had a stroke and things have gotten strange between me and my brother...I asked my mother about the will and she said everything is set in stone and the inheritance will be divided between me and him...but for now things are being paid with our family's finances..which is... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 11, 2020

Whether or not you inherit anything is not your decision nor something you are owed or due or have 'coming to you' or even anything you have a right to at this point. It is your families finances and / or property and as such they are allowed to do with it pretty much anything they want.... Read more »

1 Answer | Asked in Elder Law for North Carolina on
Q: Would NGGS 14-326.1 apply all children if one child had a joint checking account with the parent? Said child is 52.

Parent is on disability and Medicade/Medicare. Currently in recovery center in Calabash, NC. Dr. in SC stated he has dementia. Facility is planning on sending him home despite diagnosis. They suggested private home health care. I have not spoke to my father sine 2016 for about 30 minutes. Before... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 26, 2020

Yes, it would likely apply but only to the extent that yourself and your immediate family are provided for. In other words you are likely only gonna be responsible for 'pops' to the tune of what ever is leftover each month after you have handled your personal and family obligations. If... Read more »

1 Answer | Asked in Family Law, Elder Law and Social Security for North Carolina on
Q: My friend's elderly mother is being abused by her husband. What type of attorney does she need? Thank you.

She has some medical issues but it is of very sound mind. He physically roughed her up 3 months ago and she went to a local women's shelter. He is stealing all manner of money from her as she is retired and has a good pension. She left home and is living with my friend, her son. Her husband... Read more »

Melissa Averett
Melissa Averett answered on Dec 22, 2019

She needs a family law/divorce attorney with experience in domestic violence issues, who practices in the county where she lives or where her husband lives.

1 Answer | Asked in Estate Planning, Elder Law and Probate for North Carolina on
Q: ... I I was taking care of my elderly Uncle he was taken from me because of false accusations

Now the house is going up for probate I was the only one on the will how are they doing this what can I do they said if I didn't sign for their services they would have me arrested for exploitation because I take one of my doctor bill with his money The Power of Attorney papers said I could... Read more »

Ashley Kevitt
Ashley Kevitt answered on Dec 2, 2019

First and foremost you need to make sure you have a copy or original of the Will. In the Will an executor is named and that is the person who must go to the clerk and open the estate. If you are named as the beneficiary of the house your Uncle had then the clerk will make sure the executor gives... Read more »

2 Answers | Asked in Elder Law for North Carolina on
Q: How do you locate a will and power of attorney?

3 siblings, mother with memory issues, 1 child is hiding will and other documents; other 2 siblings want to find out what the documents say

Charles Evan Lohr
Charles Evan Lohr answered on Sep 10, 2019

You. An file an application by affidavit with the clerk of court to try to get them to compel the sibling to file the will with the court.

Please feel free to let me know if you have any more questions.

Evan Lohr



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1 Answer | Asked in Estate Planning and Elder Law for North Carolina on
Q: My dad will need assisted living in the near future. In NC can a non-family member purchase the condo

and turn around and sell it to my wife and I to avoid a home getting it to pay for his assistance?

Charles Evan Lohr
Charles Evan Lohr answered on Jul 15, 2019

A person’s primary residence isn’t considered a countable asset for Medicaid purposes if they intend to return to the home (this is a very low standard to meet) so owning it wouldn’t impact his eligibility to qualify. Any cash that he received from the sale of the home would count against his... Read more »

1 Answer | Asked in Criminal Law and Elder Law for North Carolina on
Q: Can an estranged adult child be charged with a crime for taking money from a non legally defined disabled parent.

Estranged daughter plays on sympathy of early dementia patient (mother). Other sibling is paying bills...finds out after the fact the check was written Raleigh NC not Mathews NC

Kelli Y Allen
Kelli Y Allen answered on Jan 18, 2019

Probably not an actual crime. However, protections need to be put in place. Is there a durable power of attorney? An agent under a durable power of attorney would be able to offer some protection in this type of situation. This needs to be done before the dementia progresses.

1 Answer | Asked in Contracts and Elder Law for North Carolina on
Q: Signature from incompotent Grandmother

Recently my grandmothers daughter that was POA over all my grandmothers stuff passed away and the power fell to her eldest daughter. Her daughter that was POA had a life insurance policy that the eldest daughter up in New York claims she s taking over but needed a new signature from my grandmother... Read more »

Kelli Y Allen
Kelli Y Allen answered on Jan 9, 2019

If someone has the mental capacity to sign, but cannot physically sign on their own, it is acceptable just to make an "x", have someone assist with holding the pen, or can even direct someone to sign their name. However, if the person's mental state is such that he/she does not... Read more »

2 Answers | Asked in Elder Law for North Carolina on
Q: My,mom has land and has a buyer. She has been in the nursing home for 3 1/2 years on medicaid.. Can state take her money
Richard Winblad
Richard Winblad answered on Dec 5, 2018

Maybe. You should visit with a N.C. Attorney. You might be able to save the value.

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1 Answer | Asked in Elder Law and Employment Discrimination for North Carolina on
Q: My 59 year old father recently lost his job.

The majority of his coworkers were decades younger, and he suspects he was ousted due to his age. How can he prove that?

Kirk Angel
Kirk Angel answered on Nov 4, 2018

Very complex question with no easy or simple answer. If he believes he was terminated due to age, he will need to file with the EEOC. However, it is very important for him to consult with an experienced employment attorney.

1 Answer | Asked in Elder Law, Estate Planning and Probate for North Carolina on
Q: Does a Durable POA need to be entered into courthouse records to be activated?
Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 21, 2018

Depends. The registering and filing requirements can be waived so it likely depends on how the POA was drafted. There have also been some fairly recent rule changes for POA's in NC, so it would be a good idea to consult with a local attorney.

1 Answer | Asked in Elder Law for North Carolina on
Q: Can a sibling block me from getting mom's health info from nursing home in NC? No POA or Guardianship.

My mom has dementia and is in a nursing home in NC. The home will not disclose any information to me because my brother didn't list me as family. He does not have guardianship nor does he have power of attorney. The nursing home says since he registered her, he makes the decision.

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 8, 2018

Obviously he can since he is apparently doing it - the real question is whether it is legal and what can you do about it?

The answer to that is while it is a crappy thing to do, it is likely legal unless some sort of fraud is being committed. However you can likely petition the court to...
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1 Answer | Asked in Elder Law, Insurance Bad Faith, Insurance Defense and Medical Malpractice for North Carolina on
Q: My question is how do l get medical ins. in N.C. when I'm on a fixed income & can't work ? I'm inbetween 60-65 yrs old.

1 was a bartender/server for 30 yrs. 10 yrs ago l was prescribed methadone for a medical condition not related to addiction & didn't need to work. Now, I'm fighting an addiction, and on a fixed income @ 62 yrs old. I'm in recovery & don't dare take the chance of being in... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 30, 2017

Hope you tell your GOP Senators and Congressman about this as they seem to think people like you can just get insurance and need no help. There are "spend down" and other ways if you are "medically needy" of qualifying for medical assistance, but these vary by state. See if... Read more »

1 Answer | Asked in Elder Law for North Carolina on
Q: to get someone to talk to grandmother who's in her right mind with excellent health so she can live the rest of life h

Her son has power of attorney she grandmother is 86 owns her home and is in good health in her right mind son put her in nursing home and is trying to sell grandmothers house grandmother needs help to revoke power of attorney but don't know what to do please help

Inna Fershteyn
Inna Fershteyn answered on Jun 21, 2017

First the POA doesn't really give the son the right to put someone in the nursing home- it's more of a financial document. If mom is in the right mind she can say NO. It's healthcare proxy that allows one to make health care decisions.

Second grandma can hire an attorney who...
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1 Answer | Asked in Family Law, Elder Law and Probate for North Carolina on
Q: My sister is my dad's POS and the ezecutor for his estate. He moved to a assisted living yesterday. S

She wants my other sister and me to meet her at dad's house this week to divide dad's belongings and empty the house. Can she do this?

Kenneth V Zichi
Kenneth V Zichi answered on Apr 23, 2017

If that is your dad's wish, then yes, she can carry it out. If your dad does NOT want the remainder of his belongings divided then no. As power of attorney she can do whatever he could, but she cannot act against his wishes.

In the grand scheme of things, if he has the property with...
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1 Answer | Asked in Family Law and Elder Law for North Carolina on
Q: My mom is negligent in my father's care. Their marriage has been unstable for a while. What can I do as the daughter?

My parents have been divorced before. My concern is my mom leaves my dad after he has surgeries and when is he sick. She just wants him to die so she can have his wealth. She left him and he passed out and I came to help from another state. She has left again to Ohio and he is a terminally ill... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 30, 2017

You may want to consult with a local attorney regarding being appointed as a guardian. If your father is competent, he may also want to consider modifying his will. He likely will not be able to cut her out completely but he could likely limit things to he elective share.

1 Answer | Asked in Elder Law for North Carolina on
Q: My mother in law has husband has her poa can she choose to move herself from the nursing home to another 1?
Catherine E Bruce
Catherine E Bruce answered on Oct 22, 2015

Making a Power of Attorney gives an Agent the ability to take certain actions, in addition to the Principal (a power of attorney does not affect an individual's ability to make his or her own decisions). However, it sounds like your mother in law may not be capable of making her own decisions... Read more »

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Elder Law for North Carolina on
Q: How to get a New Trial in the NC Supreme Court when the Court of appeals has been deceived by a lower civil court case?

03cvd6867 the initial case of Civil & Marital Rights Violations by Power of Attorney Abuser and Attorney Misconduct. Evidence of Truth wrongfully withheld. False testimony given to deceive Jury and NC Court of Appeals 398P08.

Robert Jason De Groot
Robert Jason De Groot answered on Sep 16, 2015

Appeals are quite complex and appellate courts do not hold new trials. So, the best thing to do is speak with your appellate attorney.

1 Answer | Asked in Elder Law and Estate Planning for North Carolina on
Q: If my grandparents deed the land to me is there a risk that that the land can be taken from me by nursing home 5 yr ?

My grandparents are in bad health. If they deed their land to me and have to later enter a nursing facility what are the rules? I was told the land could be claimed by nursing home in 5 year? Im confused? How can i protect it?

Catherine E Bruce
Catherine E Bruce answered on Aug 21, 2015

Medicaid has a Five-Year Lookback period. This means that Medicaid can look back five years from the date that an applicant enters a nursing facility. Any gifts or transfers made for less than fair market value in the five years preceding the date of entry will disqualify the recipient from... Read more »

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