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North Carolina Elder Law Questions & Answers

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 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 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 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 understand what he... 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 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 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 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 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 that type of environment. I... Read more »

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 there is a patient... 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 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 wiii write to...
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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 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 him in...
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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 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 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 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 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 »

1 Answer | Asked in Elder Law for North Carolina on

Q: Can my mother give her house to one of her children when she comes out of the nursing home?

My mother is on medicade and medicare and is in the nursing home for rehab. she is getting out dec. we don't won't her to loose her house to keep the state from getting it.

Rachel Lea Hunter answered on Apr 26, 2014

Nope. Medicaid by law is mandated to seek recovery from your mother's estate when she dies. If she gives the house away now then she will not be eligible for Medicaid.

The time for planning was long ago before your mother started receiving Medicaid. However, your mother should see an...
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1 Answer | Asked in Elder Law for North Carolina on

Q: When, how or who can force me from my home if i become unable to physically care for myself?

Rachel Lea Hunter answered on Aug 16, 2013

I cannot answer the question of when other than the time when you are unable to care for your person or financial affairs.

As to how and who, someone - either a relative (most likely)or perhaps the state/county aging/mental health department (if there is no one else) could file a...
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1 Answer | Asked in Elder Law for North Carolina on

Q: My father has dementia and my mother takes care of him. What do we legally need to consider, before something happens?

Rachel Lea Hunter answered on Mar 22, 2013

What do you mean? Its too late for your father to make a will or power of attorney for finances/healthcare or an advance directive/living will unless your father's dementia is not all that advanced. Even then, your father would need to consult with and elder law attorney about that. If your... Read more »

1 Answer | Asked in Elder Law for North Carolina on

Q: My friend is in a Nursing Center and her daughter sold her house 10 days ago. Can she do that? No notice of eviction.

About 7 yrs ago, my friend's daughter convinced her to move here. She sent her $5000,00 down payment on the house. The daughter handled the paper work from this end. Three days after moving here, my friend was devastated over the loss of her husband, she did not think to look at the papers that was... Read more »

Rachel Lea Hunter answered on Mar 22, 2013

It is unethical to discuss your friend's legal problems with you.

First, no one knows what your friend signed 7 years ago. If it was a power of attorney in favor of the daughter, it can be revoked by your friend. If your friend signed over the deed to the house to the daughter, that is a...
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1 Answer | Asked in Elder Law for North Carolina on

Q: My mother is in a nursing home.Both my name and hers is on the deed.I have to sell the house.Does all money go for her?

Rachel Lea Hunter answered on Mar 18, 2013

It depends. Just because you are both on the deed doesn't mean that she gets all the money. Only 50% would be hers. Why does the home have to be sold now?

1 Answer | Asked in Elder Law for North Carolina on

Q: Can a personproperty taken away by a lover

Rachel Lea Hunter answered on Mar 18, 2013

Legally? No. Property can be conveyed in only one of 2 ways: either by a gift between people who are living or a person can give away property by will or trust upon their death.

Anything else would meet the definition of theft (theft occurs when you take property owned by someone else...
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