Feb 09, 2026
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Recognizing And Addressing Undue Influence – SC
Recognizing signs of undue influence can help you protect vulnerable loved ones and your own future. Click here…
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Home » Practice Areas » Elder Law & Asset Protection
The decisions you make now about long-term care, assets, and who speaks for you determine what your family faces later. Our team helps you get ahead of it.
This is the first step toward securing your confidential consultation with an experienced attorney by phone, virtually, or in-office.
Elder law covers the legal issues that become most pressing as you age: who makes decisions if you can't, how to pay for long-term care without losing everything you've built, and how to protect the people and assets you care about most.
It's a broad practice area that touches estate planning, Medicaid, guardianship, and powers of attorney. The common thread is timing. The earlier you put a plan in place, the more options you have.
Our team works with clients across North Carolina, South Carolina, and Tennessee to navigate this phase of life with clarity and confidence, no matter your individual situation.
We start by understanding your current situation: your assets, your health picture, your family dynamics, and what you're most concerned about. There's no one-size-fits-all approach to elder law planning.
Your attorney identifies the right combination of tools for your situation — long-term care insurance, Medicaid planning, powers of attorney, or a full estate plan — and explains your options in plain language.
We draft and review all necessary documents: powers of attorney, guardianship filings, wills, trusts, and any Medicaid-related planning instruments. Everything is tailored to your goals and your state's requirements.
Your plan is executed, your documents are properly signed and stored, and we're available as your circumstances change. We strongly recommend reviewing your plan every few years or after any major life event.
Long-term care costs continue to rise, and Medicare does not cover the majority of them. Planning early gives you the most options, including private insurance, which is most affordable when purchased while you're young and in good health. Our team helps you build a plan that fits your financial situation, whether that means private insurance, asset restructuring, or Medicaid planning as a last resort.
When private insurance or out-of-pocket payment isn't an option, Medicaid may help cover long-term care costs. But Medicaid eligibility comes with strict asset limits and complex rules around asset transfers. Qualifying requires careful, strategic planning, and the earlier you start, the more assets we can help you preserve. Our team walks you through the process step by step, making sure you understand every decision along the way.
A durable power of attorney and a healthcare power of attorney are two of the most critical documents in any elder law plan. Together, they authorize a trusted person to manage your finances and make medical decisions if you become unable to do so yourself. These documents must be established before you lose decision-making capacity. Without them, your family may have no legal authority to act on your behalf, and a court will have to appoint someone.
When a person loses the ability to manage their own affairs, and no power of attorney is in place, a court may need to appoint a guardian. This process can be uncomfortable, as disagreements arise between the guardian, the individual, and other family members about the necessity and decision-making. Our team can guide families through the guardianship process and help ensure the right person is appointed to protect your loved one.
Protecting your legacy is a core part of elder law. We offer preset estate planning packages as well as fully customizable plans tailored to your specific needs. If you already have an existing plan, we can review it to identify any gaps. Plans should be reviewed every few years or after any major life change to make sure they still reflect your wishes.
Category
North Carolina
South Carolina
Tennessee
Medicaid Long-Term Care Program
NC Medicaid
Healthy Connections Medicaid
TennCare
Medicaid Look-Back Period
60 months (5 years)
60 months (5 years)
60 months (5 years)
Guardianship Filed In
Clerk of Superior Court (Special Proceedings Division)
Probate Court
Probate Court
Power of Attorney Statute
NC General Statutes Chapter 32C
SC Code § 62-8-101 et seq.
TCA § 34-6-101 et seq.
Medicare does not cover most long-term care costs. It may cover short-term skilled nursing or rehabilitation after a hospital stay, but ongoing custodial care, the kind most people need as they age, is generally not covered. Planning ahead with private insurance or Medicaid is essential.
As early as possible. Private long-term care insurance is most affordable when purchased while you're young and in good health. Medicaid planning is most effective when started years before care is needed, not after a crisis. The earlier you act, the more options you have.
Medicaid reviews asset transfers made in the five years before you apply for benefits. If you transferred assets below fair market value during that window, Medicaid may impose a penalty period during which benefits are withheld. Careful planning well before you need care is the best way to protect your assets and maintain eligibility.
If you become incapacitated without a valid durable or healthcare power of attorney, your family has no legal authority to manage your finances or make medical decisions for you. A court would need to appoint a guardian, a process that takes time, costs money, and may not result in who you would have chosen. A power of attorney must be in place before you lose capacity.
A power of attorney is a document you create voluntarily while you still have capacity, appointing someone you trust to act on your behalf. Guardianship is a court-ordered arrangement that becomes necessary when no power of attorney exists and someone can no longer manage their own affairs. Proper planning almost always makes guardianship avoidable.
Yes. If you already have a will, trust, or power of attorney in place, we can review your documents to identify any gaps or provisions that no longer reflect your wishes. Life changes — your plan should keep up.
Recognizing signs of undue influence can help you protect vulnerable loved ones and your own future. Click here…
Click here to learn how financial abuse can affect your elderly relatives and what to do about it.
Regardless of your current situation, our attorneys are invested in ensuring you have a long-term care plan capable of serving your needs.
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Planning ahead is the most powerful thing you can do for your family. Our team is ready to help you put the right pieces in place on your timeline, at your pace. Phones are answered 24/7.
