Dec 9, 2021 | Elder Law |
By Attorney, David Inabinett Placing a loved one in a long-term care facility is often one of the hardest decisions a family must make. As our population has aged, the number and type of these facilities have increased to accommodate the need. There are active adult communities, assisted living facilities, special care units (memory care, palliative care, and others), program of all-inclusive care for the elderly (PACE) facilities, and traditional residential skilled nursing care facilities. Also available are progressive care campuses or continuing care retirement communities (CCRT’s) that offer residents a continuum from independent living through full nursing care. The search to find the “best” or “right” facility can be confusing and stressful. The challenges are compounded when a sudden health issue requires a quick decision. Not all long-term care facilities are created equal, and you want your loved one to have the best care possible. Here are some things to consider and some resources available here in North Carolina to help you make your decision: North Carolina adult care facilities are licensed and inspected by the state. There is a star rating system based on the annual inspection results. You may search by county, city, or facility name. This is a good place to start but should not be the only factor in your decision. The search page is located at http://www.ncdhhs.gov/dhsr/acls/star/search.asp. Look at Medicaid’s nursing home comparison tool located at http://medicare.gov/nursinghomecompare/search.html. You can choose up to three facilities to compare. Note: Medicare is implementing a new star rating system. You can find a thorough explanation of the new rating system and how to review the facilities...
Nov 22, 2021 | Employment Law |
By Attorney, Bradley Hunt The landscape of traditional employment is changing. Whether you’re a traditional employee or a contract one, you should know what type of employment agreement you are signing or adhering to. Understanding the difference between an employee and an independent contractor is important. Traditional vs. Contract According to the Internal Revenue Service (IRS), there are three categories that must be examined to determine if a person is an employee or an independent contractor. These three categories include: Behavioral Control – covers facts that show if the business has a right to direct and control what work is accomplished and how the work is done, through instructions, training, or other means.Financial Control – covers facts that show if the business has a right to direct or control the financial and business aspects of the worker’s job.Relationship of the Parties – covers facts that show the type of relationship the parties had. Unlike behavioral control, relationship of the parties may include details related to but not limited to written contracts, employee benefits, and permanency of the relationship. Independent Contractor While there are many differences between being a traditional employee and a contract worker, there is one main element that applies to contract employees. For a contract worker, the IRS states that “An individual is an independent contractor or 1099 employee if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.” As a contract worker knowing what state or federal laws, rules, or guidelines are applicable to your line of work...
Oct 30, 2021 | Just Great Info, News |
According to the National Domestic Violence Hotline, “More than 1 in 3 women and 1 in 4 men in the US will experience rape, physical violence, and/or stalking by an intimate partner.” This is just one of many frightening statistics related to domestic violence. Domestic violence impacts everyone, not just the victim. From lost days at work or underperformance to the impact on children who may see and mimic and perpetuate this behavior, we all pay the price. That’s why since 1987, October has been designated as “Domestic Violence Awareness Month.” What began as a way for organizations to shine a spotlight on domestic violence issues has now turned into a movement to develop and advance resources for victims and survivors of domestic violence on a national level. Domestic Violence Statistics According to the North Carolina State Bureau of Investigation (NCSBI), “There were 134 victims of domestic violence-related homicide in 2020,” with 77 victims being classified as female and 57 being identified as male. Additionally, the NCSBI reports six commonplace relationships between victim and offender. These relationships are: Current or former spousesPersons who are living together or have lived togetherRelated as parents and children, including others acting as parents of a minor child or as grandparents of grandchildrenHave a child in commonCurrent or former household membersPersons who are in relationship or have been in a relationship Signs of Domestic Violence Abuse often starts with small things and escalates. Abusers often apologize and promise never to hurt you again, but without professional help, they will likely repeat this abuse. Just a few signs of domestic violence include: Trying to distance...
Oct 1, 2021 | Auto Accidents |
After a year of limited driving for many, it’s easy to see that traffic has gotten back to normal.Surprisingly, accidents during the pandemic were up. According to 2020 data collected by theNational Safety Council, “42,060 people are estimated to have died in motor vehicle crashes in 2020. That marks an 8% increase over 2020 in a year where people drove significantly less frequently because of the pandemic. Accidents can happen anywhere to anyone. The most common causes of accidents arespeeding, driver inattention, fatigue/drowsiness, and alcohol and drug impairment. In our statealone in 2020, the North Carolina Department of Transportation shares: There were 416 speed-related deaths and 18,332 speed-related crashes.Speeding was a contributing factor in 25 percent of all fatal crashes.91 percent of speed-related fatalities occurred on non-interstate roads; 9 percent occurred on interstate highways. Accidents are unpredictable and unplanned. No matter if you are driving to your local grocerystore or taking a long-distance trip to see friends or family, there are steps you can take to keepyou, your passengers, and other drivers safe: As a driver you should always be well rested before driving anywhere. This is especiallyimportant if you are driving a long distance. Being fatigued or exhausted before gettingbehind the wheel increases your risk of crashing. If you have multiple licensed drivers inthe car, try taking shifts so each person has time to relax. 2. Obeying the speed limit is another way to stay safe while driving. Speed limits aredesigned not only to keep you safe but to keep other drivers around you safe. As a driver you should always be aware of any imminent weather that...
Sep 7, 2021 | Elder Law, Just Great Info |
No matter your age, being geographically separated from family is tough. For seniors, this separation can turn everyday routines into a serious challenge. If you notice a neighbor or community member struggling in this way, you may be wondering how you can best help. The answer to this question can also get complicated, which is why the legal firm of Brinkley Walser Stoner collaborated with Beverly Nelson of Stand Up for Caregivers on this resource list. How to Help Seniors at Home Caring for a home can be a burden for seniors living alone. Tasks that once were handled relatively easily — like taking care of the lawn, doing dishes, and keeping up on laundry – become more difficult to complete. Consider these options: If it’s within the budget, you could look into helping seniors hire a home cleaning service.Seniors may also appreciate help from specialty pros, like furniture cleaners. Searching for a reputable pro is easy with Angi, which also provides customer reviews and ratings.You can also help seniors who live alone by getting out and running errands.If cooking has become difficult, consider meal and food delivery like Meals on Wheels. Helping Seniors Around Town Driving can be unsafe or inaccessible for seniors. But that doesn’t mean it’s a ticket to social isolation and loneliness, which should be avoided. According to a report in the Journal of the American Geriatrics Society, seniors who stop driving are nearly twice as likely to become depressed. Do not despair — transportation help is available: Most communities offer free public transportation for adults who are 65+.If you’re highly motivated, you could set...
Sep 2, 2021 | Just Great Info |
Lexington, NC – Brinkley Walser Stoner, PLLC, congratulates its ManagingMember, David E. Inabinett, on his 25th anniversary with the firm. Inabinett joinedBrinkley Walser on September 3, 1996, immediately after graduating from theWake Forest University School of Law. “It is amazing to me how quickly the years have passed,” says Inabinett. “If I hadthe opportunity to go back, I would not change too much. I get tremendoussatisfaction from helping clients. Brinkley Walser Stoner is my idea of what a lawfirm should be. I have had incredible mentors and role models through the years,including Walter F. Brinkley, R.B. Smith & Charlie McGirt, to name a few. And I’vetried to pass along my knowledge to younger associates. I hope I will be able tocontinue to do so for many years to come.” To celebrate Inabinett’s 25 years of service, the firm has donated $500 in his honor to the LexingtonArea Community Foundation Endowment Fund, a cause he has supported for many years. TheFoundation funds various community organizations in the area, and we are proud to honor Inabinett inthis way as he works diligently for our firm and our community.About Brinkley Walser Stoner, PLLC Brinkley Walser Stoner prides itself on providing new and cutting-edge legal counsel built on afoundation of knowledge and integrity. Brinkley Walser Stoner’s attorneys are first and foremostcounselors, advising clients on their legal rights and options for appropriate solutions. Practice areasinclude business law, real estate, litigation, elder law, estate planning, injury and disability, criminaldefense, traffic and DWI, banking, family law, municipal, governmental, and education law, amongothers. Brinkley Walser Stoner is an AV rated firm by Martindale-Hubble ®. The firm has...
