South Carolina Elder Legal Questions

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10 legal questions have been posted about elder law by real users in South Carolina. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
South Carolina Elder Questions & Legal Answers
Do you have any South Carolina Elder questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 10 previously answered South Carolina Elder questions.

Recent Legal Answers

You should contact your local bar association and ask for a probate attorney referral. Most probate lawyers will handle the case from start to finish and agree to get paid once the case is concluded.    
You should contact your local bar association and ask for a probate attorney referral. Most probate lawyers will handle the case from start to finish... Read More

Am I responsible for my Motherโ€™s care?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Talk with an elder lawyer.  To find one near you, see the website of the National Academy of Elder Law Attorneys (www.naela.org).
Talk with an elder lawyer.  To find one near you, see the website of the National Academy of Elder Law Attorneys (www.naela.org).
Unlike Medicare and Social Security, Medicaid, which pays for long term care, does not have a trust fund.  It is paid out of the general tax revenues.  That is why we must pay all we can before Medicaid will pay. If you would like to discuss protecting your assets and income with a local elder lawyer, you can find one on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More
Unlike Medicare and Social Security, Medicaid, which pays for long term care, does not have a trust fund.  It is paid out of the general tax... Read More

How do I get my husband returned to the home?

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
You may want to contact an elder lawyer near you.  You can find one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
You may want to contact an elder lawyer near you.  You can find one using the Find a Lawyer function on the website of the National Academy of... Read More
Read the document carefully.  Many Durable Powers of Attorney provide that the successor agent shall serve if the first named agent is unable or unwilling to act.  You may not need to do anything beyond sign a dated letter stating that you are unable to act and attach it to the Durable Power of Attorney.... Read More
Read the document carefully.  Many Durable Powers of Attorney provide that the successor agent shall serve if the first named agent is unable or... Read More
You can find an elder lawyer near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).
You can find an elder lawyer near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).
If the lease makes him responsible, yes.
If the lease makes him responsible, yes.
You may want to contact a local elder lawyer to ask about South Carolina's law on an agent's duties and the remedies available if an agent breaches his duties.  You can use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.com)
You may want to contact a local elder lawyer to ask about South Carolina's law on an agent's duties and the remedies available if an agent breaches... Read More
You have asked several questions. Because a caregiving agreement is a personal service contract, it may well end if the caregiver becomes incapacitated -- but does not end if the person receiving care becomes incapacitated. Ordinarily the agent under a Durable Power of Attorney granted by the person receiving care would have authority to fire the caregiver.  That person does not have to be a relative. If the caregiver is the agent under a Durable Power of Attorney granted by the person receiving care and is thought to be exploiting or abusing the person needing care AND the person now lacks legal capacity to revoke the Durable Power of Attorney, it may be necessary to seek a guardianship. Please consult a local attorney handling guardianships.  You can find a local elder law attorney using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)    ... Read More
You have asked several questions. Because a caregiving agreement is a personal service contract, it may well end if the caregiver becomes... Read More

How can I receive my mothers social security check since she now lives with me since my father passed away.

Answered 12 years and 7 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer
First of all let me make it clear that this answer in no way implies that a lawyer/client relationswhip has been created. I practice both medicine and law in S.C. with law offices in both Charleston and Columbia, S.C.   If you wish to visit my web site it is www.michaelsribnicklaw.com If you wish we can petition the probate court to make you  your mother's conservator/guardian and then I will draw up a Durable Power of Attorney both in matters of health care and financial management.  As I do not solicit clients, you may also call the S.C. bar lawyer referral service at (803)-799-6653. Finally, you do not mention your finances.  If you qualify, you may be able to get a lawyer at a reduced rate from the public defender's office for civil matters. Regards to you, Michael Michael G. Sribnick, M.D., J.D., LLC  www.michaelsribnicklaw.com... Read More
First of all let me make it clear that this answer in no way implies that a lawyer/client relationswhip has been created. I practice both medicine... Read More