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South Carolina Elder Legal Questions

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10 legal [2, *]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.
Elder Law
South Carolina

Recent Legal Answers

I need a probate attorney that will give me a free consultation and will be paid out of the estate

Answered 2 years and 8 months ago by attorney Stephen Arnold Black   |   1 Answer
Stephen Arnold Black
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 Answer

Am I responsible for my Mother’s care?

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
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).

I think I'M legally married in the state of S.C.. We've been together since 1993. How can state take all his income for nursing home?

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
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 Answer
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 Answer

How do I get my husband returned to the home?

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
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 Answer

i want to be removed as power of attorney for my Aunt. How do I transfer it to my brother who is listed as an alternate?

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
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 Answer
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 Answer

Who is good lawyer in Summerville SC specialized in Medicaid and Elder Law?

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
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).

Who is legally responsible in the case of a fire if the owner was not living in the house, but a relative was?

Answered 5 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
If the lease makes him responsible, yes.
If the lease makes him responsible, yes.

I HAVE A BROTHER WHO PASSED RECENTLY. MYSELF AND SISTER ARE NEXT OF KIN, THERE WAS NO WILL.HE HAS ABOUT 15K IN UNCLAIMED CHECKS AND NO OTHER ASSETS.

Answered 6 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
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 Answer

Does a caregiver agreement remain valid after the person receiving care becomes incapacitated?

Answered 7 years ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
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 Answer
You have asked several questions. Because a caregiving agreement is a personal service contract, it may well end if the caregiver becomes... Read Answer

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

Answered 12 years and 10 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer
no photo
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 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... Read Answer
Elder Law
South Carolina

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