Beverly C. Eckard's Answers

Medicaid assistance turned down for Mother

The Medicaid program that covers memory care units is called Special Assistance. To qualify for Special Assistance you must pass an income test. If your income exceeds the income limit by $0.50, you will not qualify for the program even if you do not have the resources to pay for your care. A solution to your problem would be to consider moving your mother to skilled nursing care. In skilled nursing care she would be under the rules for Adult Medicaid, which have no income limit....

1 person marked this answer as helpful

My husband and i had powers of attorneys drawn up in 1997. the notories commission ran out in 2002. does this mean there invalid

No. Then notary commission only has to do with his/her ability to acknowledge documents during the time frame that ended in 2002. It does not affect the validity of the document, unless the commission was expired at the time of the execution.

1 person marked this answer as helpful

My parents are elderly and have dementia. My sister who they live with took them to a lawyer and got the will and POA changed.

I am so sorry this happened to you. Unfortunately, the only way to stop her authority to act under the new power of attorney would be to initiate guardianship proceedings over your parents. This would require them to be found incompetent in open court, which is costly and embarassing. Also, if they were found competent by another attorney to sign a new power of attorney recently you risk being told they are not incompetent, or worse yet, having your sister be named their guardian. You...

1 person marked this answer as helpful

My brother was named executor of my mother's estate. I am trying to get a copy of the final accounting, which has not been done

An annual accounting is technically due a year from the date of filing. However, each Clerk's office handles the due date a little differently. Most offices provide notices about 30 days prior to the due date to encourage the timely filing of the accounting. The representative can then request additional time due to various circumstances to complete and file the accountings. Occasionally, they can continue to request these extensions showing cause for their need, and extensions are granted...

1 person marked this answer as helpful

If a person with Alzheimers is moved into North Carolina, when do they become a resident for probate purposes?

An individual becomes a resident of a State when they (or their representative such as an attorney-in-fact) decide to remain in North Carolina. This is evidenced by the following activities, some of which may not be appropriate for an individual with Alzheimer's under Hospice care: -changing of one's driver's license and/or vehicle registration -obtaining North Carolina identification card -registration to vote in North Carolina -notification of bills, magazine subscriptions, medical...

1 person marked this answer as helpful

Should I put all my property, like the house & cars in my name, so that if my husband goes to a nursing home because of dementia

Without knowing all the specifics of your situation I cannot advise you through an online forum to transfer anything. I can tell you there is no penalty for transfer of assets between spouses. Unfortunately, in North Carolina the spouse that remains at home must complete a spend down before the spouse in care can qualify for Medicaid. The spend down amount varies depending on the amount of the assets of the couple. Certain assets, like the house and one car, are not subject to any spend...

Should I put my house and two cars in my name, so that when my husband goes to nursing home the state can't take the items?

Without knowing all the specifics of your situation I cannot advise you through an online forum to transfer anything. I can tell you there is no penalty for transfer of assets between spouses. Unfortunately, in North Carolina the spouse that remains at home must complete a spend down before the spouse in care can qualify for Medicaid. The spend down amount varies depending on the amount of the assets of the couple. Please seek the advise of an elder law attorney to develop the proper plan...

This Question is concerning Medicaid.

There are available options in North Carolina to protect assets and not have to spend them on long-term care. Those options depend on the outlook for your future care needs or whether you are already in care and in a crisis mode. In order to learn of all your available options you should consult with an elder law attorney.

Can you request supervision over the executor of a will in NC?

Probate is the supervision of the the closing down of an Estate. There are forms that must be completed a filed so the Clerk of Court can confirm the debts and expenses of the decedent are being paid and the property is being properly distributed. In North Carolina you can require that a representative obtain a bond, which protects the beneficiaries from any fradulent dealings of the representative. Bonds are expensive and a pain, so the usual course in a will is not to require one for the...

Can I exclude a family member from an estate will? If yes, what is the legal terminology?

You can disinherit family members in your will, but you cannot completely disinherit your spouse in North Carolina. If you are wanting to disinherit a non-spouse family member, we encourage specific wording that you choose to do so, but there isn't any required wording.