Getting Older is Complicated.
We all Need a Plan.
Ann Marie Daniel Attorney at Law PLLC is dedicated to helping clients create their Will/Estate Plan, navigate Probate/Estate Administration, and provide guidance and representation in Medicaid, Guardianship and other Elder Law matters.
Established in 2007, Ann Marie Daniel Attorney at Law PLLC concentrates on estate planning, estate administration and guardianships. We truly believe that creating an estate plan is a gift to your family. Wills, Trusts, Powers of Attorney and Advanced Directives answer the question "What would you want?" when you cannot speak for yourself. There is no bigger comfort to family dealing with a health crisis or death, than to know they are following your wishes, your plan.
There are times when the court needs to determine if a loved one can make their own decisions, and if not who is the appropriate individual to do so. Adult guardianships are sensitive matters and navigating the legal standards and understanding the nature of this proceeding require competent counsel.
Our team brings many years of experience to the table and value personal service above all else. Get in touch with us to set up a consultation, or use the contact form at the bottom of this page to inquire whether our services are right for you.
13850 Ballantyne Corporate Pl.
Charlotte, NC 28277
P.O. Box 49391
Charlotte, NC 28277
Areas of Practice
A simple will provides for the outright distribution of all assets in an uncomplicated estate and includes no itemized gifts to specific individuals. A simple will generally leaves everything to a spouse, grown children or a trust.
Medicaid for long term care
Long term care is often categorized by level of medical need. Individuals that need assistance with activities of daily living are generally cared for in assisted living facilities. Some assisted living facilities offer a specialized level of care of those with Alzheimer’s disease. For individuals whose medical needs require skilled nursing care a nursing home would be appropriate.
The State-County Special Assistance provides financial assistance with expenses associated with long-term care in an assisted living or rest home, which are not covered under the traditional Medicaid program for skilled nursing level of care (nursing home). Eligibility for this program is generally based upon the applicant’s countable assets and income level.
Medicaid is a federal/state partnership program to provide, among others, qualified aged and disabled individuals with free medical services, including skilled nursing care. In North Carolina the program is administered by the Division of Medical Assistance of the Department of Health and Human Services. In addition to a threshold level of care, qualification for Medicaid includes financial criteria.
An executor of a will is charged with gathering assets, paying debts of the decedent and distributing the remaining assets to named beneficiaries. This is all to be done through the clerk of court in the county where the decedent resided. The process requires attention to detail and must be conducted in an A-Z type process. Administering an estate is not intuitive. In fact, executors with the best intentions can complicate an estate administration by not following the court process. For individuals without a will identifying heirs and a qualified estate administrator is required.
A living trust allows you to put your assets in a trust while you are still alive and gives you great flexibility and helps you avoid probate. Deciding whether a living trust is right for you will depend upon the size of your estate, what assets you hold and what plans you have for yourself and your family.
Guardianships result from a court order after a hearing has been held on the issue of incompetency. An adult who does not have the capacity to make or communicate his/her personal or financial decisions may need a guardian. Guardianship may be necessary for individuals who do not have estate planning documents in place or for children with cognitive disabilities turning 18.
Powers of Attorney
A health care power of attorney appoints a person (called a health care agent) as your representative to make decisions regarding your health care when you are unable to give informed consent. A living will deals with end of life decisions.
A financial power of attorney is a legal document in which you authorize another person (called an agent or attorney-in-fact) to act on your behalf in the management of your affairs.
Use the form below to contact us regarding your legal inquiry. Please be as detailed as possible. To help us best service your inquiry, we recommend that you first describe the issue you’re having before telling us what you want to achieve. You may also email or call us to make an appointment.