Elder Law

70% of people 65+ will become disabled before they die.

Elder Law is the only area of law defined by the population it serves rather than a particular practice area. Issues facing the aging and elderly in Forsyth, Yadkin, Surry, Stokes, Wilkes, Davie and Davidson include healthcare and financial decision-making upon disability or incapacity, wills, trusts, probate, and powers of attorney, guardianship, real estate, rules and rights relating to government benefits including Medicare and Social Security, Medicaid Planning, and Veterans Benefits.

Medicaid Planning

Medicaid is an insurance provider for low income individuals and those with special needs but with the cost of nursing home care today, Medicaid is also one of the primary payer of nursing home expenses in the United States.

Veteran Benefits

Aid and Attendance

It is a sad fact that even with healthcare and financial powers of attorney in place, and almost always without them, a guardianship is still necessary.

The courts in Forsyth, Davie, Davidson, Yadkin, Wilkes, Surry and Stokes want to protect your assets from misuse whether it be your spouse (what if they remarry?), your children, the Department of Social Services and the public administrator of each county, or a concerned friend or citizen.

Guardianship is a court proceeding where a judge must examine the evidence and decide and declare whether a person is "able to handle their own affairs" or not. If not, the judge bangs his gavel and declares the person to be incompetent rendering them legally unable to make decisions for themselves.

The judge will then make a determination as to whom the best person would be to name as their guardian. That person is then legally responsible for taking care of the health and/or finances of the incapacitated person. They will be required to provide an inventory of every penny that person owns, and to file accountings with receipts and documentation at least annually thereafter showing where every penny of the person's money went. Let us help with the job.