Note: The allowances and income and resource limitations referenced in this blog are subject to periodic change and this info should not be relied upon without consulting with an attorney at the relevant time. In this blog, I attempt to give some insight on a critical point of confusion in elder law which is the difference between assisted living and skilled nursing and the governmental programs available for financial assistance in each type of facility. Despite what you may have been told, traditional long-term care Medicaid does not pay for a stay in an assisted living facility. However, Special … Continue reading
Author Archives: Andrew M. Brower
If I Ask if Your Will Has “Per Stirpes,” It’s Not a Personal Question
As I recently went through my estate planning 101 routine to a pair of prospective clients , I happened to drop in the phrase “per stirpes.” I try to avoid legalese in my initial client conferences, but some terms are unconscious and unavoidable for estate practitioners who spend a significant time parsing through complex legal scenarios facing their clients. One of the prospective clients abruptly interrupted me and said, “Whoa now, I thought we just came to talk about doing a Will.” In jest, I assured him that he could not catch anything and there was no need to get … Continue reading
Update on Emergency Authorization of Remote Notarizations
The saga continues in this third entry of the three-part series (so far) on North Carolina’s authorization of emergency video notarizations during the pandemic. As of March 12, 2021, Governor Roy Cooper signed House Bill 196 into law, which allows video notarization to continue through December 31, 2021. The Bill acts to amend the previous authorization which expired on March 1, 2021, and appears to have retroactive effect to save any brave soul who continued remote notarizations after the Bill’s expiration date. At this time, there is still no indication that permanent authorization of remote notarizations is in the works … Continue reading
Remote Notarizations to Sunset on March 1
As the sunset date approaches for remote notarizations under the temporary emergency authorization, it is now apparent that the legislature will not agree on a bill authorizing a further extension before the expiration. Therefore, we will revert to the notarial requirement of “close physical proximity” on March 1, 2021 at 12:01 a.m. Folks in the know believe that there is legislative support for either an extension of the emergency statute or its permanent authorization and codification. However, other non-related budget aspects of the bill are causing a delay (insert your cynical political comment here). Additionally, it is speculated that when … Continue reading
Estate Planning in a Pandemic: Remote Document Signings are the Now and Hopefully the Future
A global pandemic will certainly induce one to consider his or her own mortality and, as such, initiate a revisit or beginning of their estate plan. But paradoxically, the pandemic has also made it more difficult for us to venture out to ensure these matters are in order. Many nursing homes across the state of North Carolina are on lock down due to the pandemic, making it more difficult to discuss any loose ends of an estate plan with a distressed loved one residing in a care facility. Despite the increased difficulty during the pandemic, with the emergence of Zoom … Continue reading
North Carolina Medicaid Planning: The Basics
Note: The allowances and income and resource limitations referenced in this blog are subject to periodic change and this info should not be relied upon without consulting with an attorney at the relevant time. In general, everyone is entitled to enroll in Medicare when they turn 65, which acts as their health insurance for general health care, hospital or doctor visits. However, while Medicare and supplemental plans may pay for rehab for the first 20 days and a portion up to the 100th day in some cases, Medicare does not pay for long-term care in a skilled nursing or assisted living facility. … Continue reading
The Fundamentals of Trusts: Broad Terminology for a Nuanced Field of Study
Trusts are a topic that seem to be often discussed but seldom understood among the general public. This is not an indictment of a misinformed public, but a commentary on the wealth of information and various channels through which it flows. Your Google search results, your local banker or even a co-worker may claim to have all the insight on how to plan your estate and “get your affairs in order.” Clients often tell me they “need a living trust.” When I ask why they need one, they are unsure how to answer. I do not ask the question to … Continue reading