Upstate Elder Law- A Division of LawyerLisa, LLC

Service(s)

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  Elder Law Lawyers

  Upstate Elder Law- A Division of LawyerLisa has a dedicated team of lawyers, legal professionals, and Elder Care Coordinators that utilize our skills and experience to deliver timely results when our clients need us most. Our knowledgeable team navigates trusts, social security issues, Medicaid applications, Medicaid penalties, Medicaid repayment, placement options, caregiver options and payment, intent to return home, house clean outs and sales, power of attorney issues, budgeting, home safety checks, approved expenses, spend downs, paying for long term care, and so much more!

  Counties Served

  • Statewide
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  Wills

  Wills and Trusts

  Drafting the appropriate legal documents that convey your wishes is only half the battle.  A will or trust must also be properly funded. Developing a comprehensive plan that includes your wishes and the proper execution of them is important.  Discount estate planners or online "lawyer-assisted" document generating websites usually do not address all of the issues that may come up.  If you don't know what could go wrong or what you are leaving out, how can you fix it?

  Advance Directives

  We draft the necessary advance directives to help you avoid family fighting, lack of proper care and options down the road, and probate court. Our attorneys will recommend the correct durable power of attorney for your particular situation and draft it so that the options your agent might need in the future will be available to them. We also assist our clients with the necessary health care directives. We will make sure you understand how the health care power of attorney works and that you have the proper agents and backups in case you are unable to make your own health care decisions. We prepare living wills and HIPAA authorizations consistent with your wishes.

  Counties Served

  • Statewide
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  Power of Attorney

  Fiduciary Appointments

  We can assist you with selecting the appropriate fiduciaries to manage your finances and make health care decisions in the event you are unable to do so.  A fiduciary is someone who has a special relationship of trust and good faith with regard to the transaction for the beneficiary.  They generally use their judgment to decide what would be best for the beneficiary.  

  Counties Served

  • Statewide
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  Legal Guardianship

  Guardianships

  For Incapacitated Adults:

  Under South Carolina law, the definition of an Incapacitated Person is a "person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, or other cause (except minority) to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person or property." S.C. Code of Laws 62-5-101

  If someone is believed to be incapacitated and unable to make their own health care decisions, a Guardianship Action can be filed with the Probate Court to have that person legally declared an Incapacitated Person and have a Legal Guardian appointed with the authority and responsibility over their health and health care decisions.  

  If the person was previously competent and designated an Agent in their Health Care Power of Attorney, a guardianship proceeding can generally be avoided and the Health Care Power of Attorney can be used by the appointed Agent to make health care decisions for the now incapacitated person.

  In the event of a parent's death:

  If you care for a child or incapacitated person, your will or trust should nominate someone to be appointed the legal guardian over them, in the event of your death.  A surviving parent who lives with and has custody of a minor child will normally automatically continue to have sole custody, but in the event they are unable or unwilling to, it is important to nominate alternates for this important role.

  Conservatorships

  If someone is believed to be incapacitated and unable to make their financial decisions, a Conservatorship Action can be filed with the Probate Court to have that person legally declared an Incapacitated Person and have a Legal Conservator appointed with the authority and responsibility over their finances and financial decisions.  

  If the person was previously competent and designated an Agent in their Durable Financial Power of Attorney, a conservatorship proceeding can generally be avoided and the Durable Financial Power of Attorney can be used by the appointed Agent to make financial decisions for the now incapacitated person.

  Counties Served

  • Statewide
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  Medicaid

  Medicaid Planning

  Medicaid planning is generally done in advance of when Medicaid may be needed. Medicaid currently has a five year look-back period on asset transfers.  This means that any gifts of any amount can be scrutinized by the agency and a penalty period can be imposed based on the amount of the transfers made during that five year window. Our Life Care Planning team can assist with the application process.

  Counties Served

  • Statewide
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  Care Management

  Our life care planning team works to simplify the legal complications in your life and help you and your family plan ahead for your aging needs. Life Care Planning is a holistic, elder-centered approach to elder law that helps families navigate the journey through the long term care maze.

  We can help address various needs beyond your legal documents:

  • We manage risk and can plan for the various options as you age
  • Assistance with finding, paying for, and getting good long term care as it is needed
  • Facility and hospital visits and check-ins
  • Driving limits and options
  • Addressing caregiver burnout
  • Isolation and limited contact with family members or family members that live far away
  • Addressing cognitive declines
  • Planning that addresses needs ranging from independent living at home, living at home with assistance, retirement community living, assisted living, to nursing home care
  • Navigating public benefit options such as Medicare, Medicaid, Veteran’s compensation, Aid and Attendance, Respite Care Vouchers, and Medicaid Home and Community Based Waivers
  • Updating estate planning documents to reduce the burden on agents and trustees
  • Protecting vulnerable adults and minimizing exploitation risks
  • Preserving real estate
  • Minimizing conflict amongst heirs

  Counties Served

  • Statewide