Elder Law Report

Power of attorney abuse represents one of the most devastating breaches of trust that can occur within families and relationships. When someone appointed to handle financial and legal affairs betrays that confidence, the consequences can be financially devastating and emotionally traumatic.Attorney Greg McIntyre tackles this crucial topic head-on, providing a clear roadmap for addressing situations where an agent under a power of attorney acts against the principal's best interests. He explains that North Carolina law offers specific remedies when agents fail to uphold their fiduciary responsibilities. The first approach involves petitioning the court for an accounting—essentially forcing the agent to present comprehensive documentation of all their actions taken on behalf of the principal. This transparency mechanism allows a judge to review the agent's conduct and, if necessary, immediately remove them from their position to prevent further damage.For cases where the misconduct is discovered later or after the principal has passed away, McIntyre outlines how civil lawsuits become the appropriate remedy. These legal actions can address breaches of fiduciary duty and seek restitution for funds that have been wrongfully converted to the agent's personal use. Throughout the discussion, McIntyre emphasizes the fundamental principle that agents must always act in good faith and in the best interest of the person who trusted them with this significant responsibility.Have you noticed concerning behavior from someone who holds power of attorney? Don't wait until the situation worsens. The team at McIntyre Elder Law has extensive experience prosecuting these cases and protecting vulnerable individuals from exploitation. Reach out today to discuss your concerns and explore your legal options for holding wrongful agents accountable.

Your home represents years of memories, hard work, and financial investment—but does your estate plan adequately protect this precious asset? In this illuminating conversation, estate planning attorneys Jane Dearwester and Jordan McIntyre share their expertise on safeguarding your real property for future generations.Drawing from her 15 years of real estate litigation experience, Jane explains why protecting property assets ranks among clients' top concerns. The good news? Multiple strategies exist to secure your real estate holdings. The attorneys break down the power of Ladybird Deeds (enhanced life estate deeds), which allow you to maintain complete control of your property during your lifetime while designating exactly who receives it after your passing—all while potentially qualifying for benefits like Medicaid without surrendering your home.For those with property in multiple states or investment real estate portfolios, trust planning offers sophisticated protection against probate complications. As Jane explains, "You only need one trust to hold multiple properties from multiple states." The conversation also addresses special considerations for South Carolina properties, where alternative approaches like joint tenancy with rights of survivorship provide similar protections in a state that doesn't recognize Ladybird Deeds.Whether you're protecting your family home or managing multiple investment properties, proper estate planning prevents your real estate from becoming vulnerable to creditors through probate. Connect with the attorneys at McIntyre Elder Law in Shelby, Charlotte, or Hendersonville to develop a customized strategy that preserves your property legacy. Visit mcrlaw.com or call 1-888-999-6600 to schedule your consultation today and ensure what you've built remains protected for generations to come.

What happens when a loved one suddenly needs nursing home care and you've done absolutely no prior planning? The financial devastation can be overwhelming, but according to elder law attorneys Greg and Jordan McIntyre, all hope is not lost.This father-son legal team walks through the stark reality of crisis planning for long-term care. They contrast the difficult path of guardianship proceedings—which require court oversight, hearings, and months of legal work—with the protection offered by properly drafted powers of attorney. As Jordan explains, "If there's a limitation on the gifting provision, it could hinder my ability to protect assets." Not all legal documents are created equal, and standard forms rarely contain the specific provisions needed for effective asset protection.For married couples facing nursing home placement, the McIntyres offer particular hope. Even without prior planning, strategies exist to implement the "community spouse resource allowance" and other legal mechanisms that can preserve significant assets for the healthy spouse. They explain how the rules allow for protecting your home and savings while still qualifying for benefits you've paid for through years of tax contributions. As Greg notes, "The real power is being able to know the rules so well that you operate out in the open... within our rules that we allow."The attorneys emphasize that crisis planning isn't about hiding assets but working strategically within established legal frameworks. While proactive planning always offers the most protection, their practice includes a dedicated department for helping families in emergency situations. Whether you're planning ahead or facing an immediate care need, understanding these legal strategies could save everything you've worked for. Schedule a free consultation to learn how proper planning can protect your family's financial future.

What happens to your bank accounts when you die? It's a deceptively complex question that goes far beyond the surface-level solution of "just add a beneficiary." In this eye-opening conversation, attorneys Greg and Jordan McIntyre unpack the hidden dangers lurking in common estate planning strategies that could leave your hard-earned assets vulnerable.The father-son legal team dismantles the popular misconception that joint ownership with rights of survivorship provides foolproof asset transfer. As they reveal, this approach can unexpectedly expose your accounts to creditor claims during probate—a risk many financial advisors never mention. They offer a smarter alternative: utilizing power of attorney relationships while maintaining beneficiary designations, providing management capabilities without the liability exposure.But the discussion goes deeper, addressing the elephant in the room that basic estate planning often ignores: long-term care needs. With 70% of Americans over 65 requiring some form of long-term care during their lifetime, the McIntyres explain why simple beneficiary designations fail to protect your assets when they're most vulnerable. They introduce specialized trust strategies that maintain your access to funds while shielding them from catastrophic care costs.The attorneys also raise important questions about the readiness of beneficiaries to receive inheritances and how trusts can provide structure and protection for younger heirs. Their holistic approach emphasizes that true estate planning prioritizes your needs while living, not just asset distribution after death.Ready to gain clarity on protecting your financial legacy? Schedule a free consultation with McIntyre Elder Law by calling 1-888-999-6600 or visiting mcintyrederlaw.com/scheduling. Your financial security deserves more than a simplistic solution.

Have you ever worried about what would happen to your hard-earned assets if you faced a lawsuit or creditor claims? The truth might surprise you.Attorney Jordan McIntyre begins with a reality check that makes many clients uncomfortable: there's no such thing as a litigation-proof life or estate plan. However, that doesn't mean you're powerless. Through strategic planning, you can create multiple layers of protection that significantly reduce your risk exposure while ensuring your wealth passes according to your wishes.Jane Deere-Wester and Jordan explore four powerful protection strategies that work together like Russian nesting dolls to shield your assets. They discuss how properly structured trusts can discourage contests through specific provisions, while beneficiary designations offer a simple yet effective tool anyone can implement today without legal assistance. Jane shares a personal cautionary tale of discovering her ex-husband remained as a beneficiary on an account years after their divorce—a common oversight with potentially serious consequences.For business owners and real estate investors, placing assets within properly structured LLCs provides crucial separation between personal and business liabilities. Taking this protection further by incorporating these entities into your estate plan creates multiple barriers against potential claims. We also tackle the often-uncomfortable subject of prenuptial agreements, which have become increasingly important in today's world of blended families and multiple marriages.The podcast wraps up with practical advice on implementing these strategies and emphasizes that protecting your legacy isn't about overnight solutions but rather thoughtful planning that honors the lifetime of work you've invested in building your wealth.Ready to create your own comprehensive asset protection plan? Reach out to our offices in Hendersonville, Shelby, or Charlotte, and let us help you secure your legacy for generations to come.

What happens when you can't make decisions for yourself? Who handles your finances or communicates with your doctors? The answer might surprise you—especially if you haven't prepared the right legal documents.Attorneys Brenton Begley and John Miller dive deep into the world of Powers of Attorney (POAs), revealing why these documents are critical for everyone, regardless of age or health status. They expertly break down the differences between General Durable POAs for financial matters and Healthcare POAs for medical decisions, explaining how comprehensive documents serve as your shield when unexpected events occur.The conversation tackles one of the most common hesitations people face—the fear of losing control. Both attorneys provide practical insights into options like "springing" Powers of Attorney that only activate under specific circumstances, while emphasizing that selecting someone you truly trust is paramount. As John notes, "You have to trust the person that you're appointing as an agent" since they'll be making significant decisions on your behalf.Perhaps most compelling is their warning about waiting too long. Once incapacity occurs, it's too late to create these documents, leaving families with no option but expensive, time-consuming guardianship proceedings. The attorneys share valuable guidance on selecting the right agents, navigating family dynamics, and ensuring your affairs remain in trusted hands even during your most vulnerable moments.Ready to protect yourself and your loved ones? Visit www.mcelderlaw.com to schedule your free consultation or call 704-259-7040 to learn how McIntyre Elder Law can help you create Powers of Attorney tailored to your specific needs.

The silent epidemic of elder abuse affects countless seniors, yet many families don't recognize the warning signs until significant harm has occurred. Attorneys Brendan Begley and Jordan McIntyre tackle this critical issue head-on, revealing how cognitive decline creates vulnerability and opens the door to exploitation.Financial exploitation stands out as the fastest-growing form of elder abuse, with seniors losing billions annually to scammers, unethical caregivers, and even family members. The attorneys explain the sobering reality that willingness doesn't equal consent when cognitive impairment is involved—seniors may sign over deeds or write checks without truly understanding the consequences or remembering previous transactions.What makes this issue particularly heartbreaking are the risk factors that compound vulnerability. Beyond cognitive decline, social isolation emerges as perhaps the most insidious threat, where seniors knowingly accept exploitation simply to maintain human connection. The podcast reveals surprising forms of abuse that often go unrecognized, including misuse of the very legal systems designed to protect vulnerable adults, like unnecessary guardianship proceedings when less restrictive alternatives exist.The attorneys offer practical solutions for both prevention and remedy. While Adult Protective Services and litigation can address exploitation after it occurs, establishing a comprehensive estate plan before cognitive issues arise provides the strongest protection. A properly executed power of attorney grants trusted individuals not just decision-making authority but legal standing to intervene if exploitation occurs—a critical distinction many families discover too late.Ready to protect yourself or your loved ones? Schedule a free consultation today by calling 888-999-6600 or visiting mcintyrederlaw.com and take the first step toward securing peace of mind for your family's future.

What makes an asset truly valuable? At McIntyre Elder Law, we've discovered that the answer isn't always about dollars and cents. Sometimes, a seemingly ordinary item – like a four-foot metal chicken sculpture that barely fit in an attorney's SUV – becomes the pivotal element in resolving an estate dispute. Why? Because it connected our client to precious memories of her father sitting beside it on the porch.These unexpected treasures represent something beyond monetary worth. They embody our stories, our connections, and the unique legacy we hope to leave behind. While traditional assets like bank accounts, retirement funds, and real estate form the backbone of estate planning, we've learned that baseball gloves from high school, comic book collections, and even China sets can carry immeasurable personal significance.Pets represent another frequently overlooked but emotionally critical asset. For many clients across Western Carolina, ensuring proper care for their beloved animals is a top priority. Through specialized pet trusts, we can designate caregivers and allocate funds specifically for their continued wellbeing. This approach honors the deep bonds that make pets genuine family members deserving protection through thoughtful estate planning.What truly sets effective estate planning apart is customization. Each plan we create reflects the unique values, priorities, and circumstances of the individual it serves. Whether litigating to protect cherished possessions or planning ahead to safeguard what matters most, we focus on developing solutions that honor your specific wishes. After all, your estate plan isn't just about distributing assets – it's about preserving the culture, memories, and legacy that make your family unique.Ready to protect what matters most to you? Call us at 1-888-999-6600 or visit mcelderlawcom/scheduling to arrange your free consultation with one of our experienced estate planning attorneys. Let us help you create a plan that truly reflects what's important to you.

In this engaging episode, we introduce John Miller III, the latest addition to our Hendersonville office. John's journey from growing up in Asheville to practicing law in North Carolina is filled with insights relevant to anyone interested in the legal profession. With a wealth of experience in real estate law, he brings valuable expertise to estate planning, underscoring the importance of protecting your assets and your loved ones. As a seasoned attorney, John has navigated thousands of real estate transactions, gaining a profound understanding of how property ownership works and its implications for estate plans. This episode dives deep into how John's background complements the needs of our community, particularly as it relates to serving the growing retiree population in Hendersonville and surrounding areas. Listeners will discover how building personal connections with clients has transformed John’s approach to law, moving beyond mere transactions to foster meaningful relationships. He emphasizes the importance of understanding clients’ values and goals for effective estate planning, making this episode a must-listen for anyone interested in how to safeguard their legacy. Join us as we discuss the future of our firm and our vision for expanding our reach to provide tailored legal service to those who need it most. We invite you to connect with us for a free consultation to discuss how estate planning can protect your assets and ensure your peace of mind. Don’t miss out on this insightful discussion!