Elder Law Firm of Andrew Olsen

Using Trusts as a Tool in Long Term Care Planning

by admin June 16, 2017

Trusts are commonly used in estate planning for a myriad of reasons like avoiding probate or ensuring assets are managed for beneficiaries.  However, certain trusts are also useful tools in planning for long term care. The monthly cost of nursing home care in North Carolina can easily exceed $8,000 to $10,000.  These nursing home costs […]

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When to Challenge a Will Based on Undue Influence

by admin May 30, 2017

After a loved one passes away, family members are often surprised to learn who has inherited under the will.  In many cases, the person who has inherited under the will, the beneficiary, is a non-family member who seemed to have exerted disproportionate control over the loved one, the decedent, and inherited a substantial sum under […]

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The Five Kinds of Heirs Who Should Not Inherit Assets Directly

by admin May 19, 2017

When people die without a will, the state’s intestacy laws dictate which heirs will inherit from the deceased’s person’s estate.  Without a will, these heirs stand to inherit outright both personal belongings and money.  With a will, while a testator can decide which heirs inherit from the estate, if there is no contingent trust set […]

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Risky Business: Joint Ownership of Bank Accounts as an Estate Planning Tool

by admin May 2, 2017

A popular idea among our aging population is to add a co-owner, often an adult child, to an elderly person’s bank account.  The intended goal is for the co-owner to manage the elderly person’s finances upon illness or incapacity.  Elderly people also add co-owners to bank accounts to allow quick access to cash for funeral […]

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Pre-plan Long-Term Care to Avoid Family Squabbles

by admin April 19, 2017

Elder law attorneys often meet with family members who are seemingly at odds over the long-term care plans for their elderly loved ones.  Often, one family member will be appointed as a health-care agent, and the health-care agent will decide to admit a parent to a nursing facility.  In many circumstances, other family members will […]

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When Should Seniors Delay Applying for Medicare?

by admin March 28, 2017

Seniors may apply for Medicare just prior to turning 65 years old.  Medicare Part A covers hospitalization.  Medicare Part B covers outpatient care, such as doctor visits, x-rays and tests.  Part D covers prescription drugs.  There are some circumstances in which seniors may want to delay applying for Medicare.  These cases include when a senior […]

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Protective Orders as Tools to Ward Against Elder Abuse

by admin March 2, 2017

Elderly people facing abuse can seek a protective order to end the abuse.  Though many people commonly use the term “restraining order,” in North Carolina the order is technically called a Domestic Violence Protective Order or a Civil No-Contact Order. While protective orders have traditionally been used to prevent domestic or familial violence, these same […]

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Post-Jimmo Compliance: Medicare Coverage for Skilled Nursing Care Should Turn on Need and Not Potential for Improvement

by admin February 17, 2017

Medicare patients with long-term, debilitating, and chronic conditions have scored two recent victories in federal court.  Medicare covers skilled nursing and rehabilitation therapy to maintain or slow decline of a condition as well as to improve a patient’s condition.  Often, however, patients have often been told that Medicare will not cover these treatments if there […]

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A Checklist for Caregivers of the Elderly

by admin February 8, 2017

Elder law attorneys often work with families and caregivers of elderly clients in estate planning, obtaining veterans’ benefits, and in Medicaid planning.  While so much of the legal work is focused on the elderly client, this checklist streamlines some legal options for caregivers. Locate any estate-planning documents of the loved one: The best estate planning […]

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How Virtual Reality is Transforming Dementia Care

by admin January 19, 2017

Elder law requires attorneys to stay abreast of changes in the law as well as changes in care of elder patients.  Medical treatment and care for elderly patients may sometimes take a holistic approach, and treatment providers are seeing some success from these approaches.  For example, those new virtual reality gadgets are seeing more play […]

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