Kristin Leah Burrows’s Answers

Kristin Leah Burrows

Chapel Hill Elder Law Attorney.

Contributor Level 3
  1. Can I put grandmother's SSI (only income) into a Miller Trust so she can qualify for medicaid in North Carolina? Or spend down?

    Answered about 2 years ago.

    1. Kristin Leah Burrows
    2. Gregory Herman-Giddens
    3. Andrew W. Olsen
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    To follow-up on Gregory's answer, two other considerations are: 1. Is your grandmother diagnosed with dementia or Alzheimer's? If so, she may qualify for a "Special Care Unit" at an assisted living facility, and the income cap to receive Special Assistance is higher - $1,561. 2. Is your grandmother a widow of a veteran? If so, she may qualify for the VA Aid and Attendance benefit, which could provide up to $1,094 per month. Even with the VA benefit, though, her income may still not cover the...

    5 lawyers agreed with this answer

  2. Can a Trust or Will be changed if the person has been diagnosed with dementia?

    Answered over 3 years ago.

    1. Theodore W. Robinson
    2. Daniel Kenneth Printz
    3. Henry Daniel Lively
    4. Kristin Leah Burrows
    4 lawyer answers

    Despite having dementia, a person can sometimes still have the capacity to make a Will or change a trust. That said, such a change is going to be more susceptible to challenge. Therefore, it is important that the circumstances of the meetings and the signing are well-documented. The attorney should meet with the elderly person alone to determine capacity and that the change is what the elderly person wants. Also, even if your state does not require it, it may be helpful to have witnesses...