Elder law helps older adults and their families prepare for long-term care, plan for how to pay for it, and make decisions when a loved one can no longer make them alone. We help you plan ahead while there is time, and we step in when a family member needs someone appointed to act for them.
We help families with elder law, guardianship, long-term care planning, Medicaid planning, powers of attorney, and related planning needs across Forsyth, Davie, Davidson, Yadkin, and Iredell County.
Elder law consultations are complimentary
Families usually reach out around a specific change, sometimes planned and sometimes sudden. These are the situations that most often bring someone in:
A parent is moving toward assisted living or a nursing home, and the cost of care has become a real concern.
You want to plan ahead so long-term care does not consume everything a parent has saved.
A loved one can no longer manage their finances or medical decisions, and no power of attorney is in place.
An aging family member is declining, and you are not sure what authority you have to help.
A medical crisis has left someone unable to make decisions, and the family needs authority quickly.
You are already serving as someone's guardian and need guidance on your duties.
These situations are usually unfamiliar, and they often arrive at a stressful time. We start by understanding the family, the person who needs care or protection, and what you are trying to accomplish. Then we explain the options in plain language, what each one does, what it requires, and what it means for the family, so you can decide with a clear picture.
You work with the attorney handling your matter directly, and we keep you informed as things move. Whether the goal is a long-term care plan or a guardianship, our aim is for you to understand the path before you commit to it.
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Elder law and guardianship matters are handled directly by Sarah Young, the firm’s founder. You work with the attorney responsible for your matter, so the person who learns your family’s situation is the same person guiding it through.
Elder law brings together the planning that protects an older adult’s care, finances, and choices. We handle the following in North Carolina.
Long-term care, whether at home, in assisted living, or in a nursing facility, is expensive, and most families have not planned for how to pay for it. We help you look at the options ahead of time, including how care is paid for and what steps can be taken before a crisis, so the choices stay yours rather than being forced by circumstances.
Medicaid can help cover the cost of long-term care for those who qualify, and the eligibility rules are detailed and specific to North Carolina. We explain how Medicaid fits into a long-term care plan and what lawful planning can be done in advance to work toward eligibility while protecting what the rules allow. The earlier this planning starts, the more options a family usually has.
Asset protection in elder law means using the tools the law provides to preserve some of what a person has saved while still planning for the care they may need. We explain which tools fit your situation and which do not, and we are clear about what each one can and cannot do.
When someone names a power of attorney for finances and for health care while they are still able, a family can often reduce or avoid the need for a court-appointed guardian later. We cover these documents in detail on our estate planning page, and we help you put them in place as part of an elder law plan.
When an adult can no longer make or communicate their own decisions, and no power of attorney is in place, a court can appoint someone to make those decisions for them. In North Carolina, this is called guardianship, and it runs through the Clerk of Superior Court in the county where the person lives. We help families through this process and support those who are appointed to serve.
Guardianship usually comes up when an adult has become unable to manage their finances, their health care, or their daily affairs because of dementia, a serious injury, a disability, or another condition, and there is no valid power of attorney that covers the situation. When planning documents are already in place, they can often reduce or avoid the need for a guardianship.
North Carolina recognizes more than one kind. A guardian of the person makes decisions about care, housing, and medical treatment. A guardian of the estate manages finances and property. A general guardian does both. The court appoints the type that fits what the adult actually needs.
A guardianship does not have to remove every right. North Carolina allows a limited guardianship that leaves the adult in control of the decisions they are still able to make. We help families ask the court for an arrangement that fits the person, rather than a broader one than the situation calls for.
When someone is at risk and a decision cannot wait for the full process, the court can appoint an interim guardian for a limited period while the case is decided. We help families act quickly when a situation cannot wait.
A guardianship begins with a petition filed with the Clerk of Superior Court. The court arranges for the adult to be represented and reviews evidence about their capacity before deciding whether a guardian is needed and who should serve. We prepare the petition, gather what the court requires, and guide the family through the hearing.
We represent families who are seeking guardianship for a loved one, and we guide people who have been appointed to serve as guardians through their duties and their reporting to the court.
Seeking guardianship for a loved one?
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The documents that can prevent the need for a guardianship and put a plan in place before a crisis, including powers of attorney and healthcare directives.
For planning that protects a person with a disability and the government benefits they rely on, including special needs trusts.
For families handling the estate of someone who has passed away.
Elder law is the area of law focused on the needs of older adults and their families: planning for long-term care, paying for that care, protecting assets where the law allows, and making decisions when someone can no longer make them alone. It overlaps with estate planning, and, when no planning is in place, with guardianship.
Medicaid planning is lawful planning done in advance to work toward Medicaid eligibility for long-term care while protecting what the rules allow. The eligibility rules are specific and detailed, so the earlier planning starts, the more options a family usually has. We explain how Medicaid fits your situation at the consultation.
Sometimes, with planning done in advance and within what the law allows. There is no way to guarantee a result, and some steps work only if they are taken early. We look at what is possible in your situation and explain honestly what each option can and cannot do.
A power of attorney is signed by a person while they are still able to choose who will act for them. A guardianship is ordered by a court after a person can no longer make decisions and no power of attorney covers the situation. Putting powers of attorney in place ahead of time can often reduce or avoid the need for a guardianship later.
When an adult can no longer manage their finances, health care, or daily affairs because of a condition like dementia or a serious injury, and no valid power of attorney covers the situation, a court can appoint a guardian to make those decisions. If the right planning documents are already in place, they can often reduce or avoid the need for a guardianship.
It starts with a petition filed with the Clerk of Superior Court in the county where the person lives. The court arranges for the adult to be represented, reviews evidence about their capacity, and decides whether a guardian is needed and who should serve. We prepare the petition and guide you through the process and the hearing.
We represent families who are seeking guardianship for a loved one, and we support people serving as guardians. We do not take on cases representing a party contesting a guardianship, so if a guardianship is being disputed within a family, we would not be the right fit for that side.
It depends on the matter. Elder law and guardianship work is generally handled on a retainer basis, and we explain what to expect at the consultation, which is complimentary. We do not publish fixed prices, because the work varies with the situation.
If you are planning for long-term care, or a loved one needs someone appointed to act for them, talk with an elder law and guardianship attorney serving Winston-Salem, Clemmons, Mocksville, and the surrounding Triad communities. The earlier we understand the situation, the more options we can lay out. Elder law consultations are complimentary.
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