Elder Law

Elder law focuses on issues unique to individuals of advanced age. Davies Law provides advice regarding certain aspects of elder law planning, including:

  • Guardianship, financial and health care decision-making through the use of durable powers of attorney
  • End-of-life decision-making through the use of living wills and health care powers of attorney
  • Probate and estate administration
  • Revocable living trusts, special needs trusts and wills
  • Planning for family business succession
  • Asset protection planning
  • Retirement income planning

Advance Directives

There are important advance directives which include the following:

  1. Durable General Power of Attorney – A Durable General Power of Attorney (POA) appoints an agent (often referred to as an attorney-in-fact) and empowers that person to handle all of your financial affairs. A POA can be active upon execution or it can spring into action, meaning that your attorney-in-fact may only act after, for instance, two physicians concur that you do not have the capacity to manage your own financial affairs.
  2. Health Care Power of Attorney – A Health Care Power of Attorney appoints an agent (often referred to as a health care agent) to make important decisions about your medical care and treatment if you are incapacitated or unable to make your own medical decisions.
  3. Living Wills – A Living Will directs your physician regarding your wishes about extending your life, or alternatively, withholding extraordinary measures and artificial nutrition and hydration when you are terminally ill or in a persistent vegetative state.

Guardianship or Conservatorship

If you have a family member who is no longer able to handle his or her own affairs, Davies Law can petition to have that person evaluated by a physician, declared incompetent, and help you determine a suitable guardian.

In contrast, if you have been served with a petition for incompetence, Davies Law will explore alternatives to general guardianship, including a Durable General Power of Attorney and limited guardianship. Should it be determined that no feasible alternative is available, we may explore a medical evaluation to respond to any petition for incompetence and seek the removal of an unwanted guardian.

If it is determined by the court that the respondent or alleged incompetent person would benefit from a guardian ad litem, Davies Law can serve in that capacity to investigate the situation and make appropriate recommendations to the court regarding what is in the best interest of the respondent or alleged incompetent person.

Ms. Davies has served as the guardian of the estate for elderly clients in accordance with her appointment by the Clerk of the Superior Court. She has also served as a guardian ad litem for respondents. Davies Law counsels general guardians, guardians of the estate and guardians of the person in their roles for the judicially-determined, incompetent adult. We also assists guardians with the preparation of the requisite inventories, annual accounts, and other documentation with the Clerk of the Superior Court, Estates Division or Probate Court.

Davies Law has worked with individuals and closely-held businesses in North and South Carolina for over a decade, assisting them with their tax and wealth planning needs. Contact Davies Law, PLLC for an initial consultation. Our phone number is (704) 295-1001. Alternatively, you may contact us via email from our secure and private contact form.