BWS Update |July 2019

BWS Update |July 2019

What is A Most Form? A MOST form (Medical Orders for Scope of Treatment) is a formal medical order that goes beyond the standard healthcare directives and allows the patient to define exactly how extensive treatment should be. The American Bar Association has developed an App for your mobile device called “Mind Your Loved Ones”. The App allows users to store advance directives, medical data, emergency contacts, doctor’s information, and insurance information so emergency personnel and family will be able to access the information quickly and conveniently. Read More Celebrating 25 Years Melinda Caddell is celebrating 25 years with Brinkley Walser Stoner. Caddell, a long-time staff member has served as a receptionist for the law firm for 25 years. She started working with the law firm in July of 1994. Melinda resides in Lexington with her husband Charlie Caddell where she enjoys spending time with family and friends, and shopping. Read More Get the App & Peace of Mind The American Bar Association has developed an App for your mobile device called Mind Your Loved Ones. The App allows users to store advance directives, medical data, emergency contacts, doctor’s information, and insurance information so emergency personnel and family will be able to access the information quickly and conveniently. Mind Your Loved Ones is available for Android or Apple devices. There is an annual subscription fee of $4.99. Learn More Upcoming Events August 14: When is a Guardianship Appropriate, Mabel D. Smith Senior Center, Greensboro When Is a Guardianship Appropriate? While we often think of guardianships as pertaining to minor children, they may also apply to adults who are incapacitated or incompetent....
What is a MOST Form?

What is a MOST Form?

By David Inabinett, Attorney at Law We often talk about the importance of having Advance Directives as part of your estate plan. These documents help you maintain control over your care even if you are not in a position to make a decision for yourself. A MOST form (Medical Orders for Scope of Treatment) is a formal medical order that goes beyond the standard healthcare directives and allows the patient to define exactly how extensive treatment should be. The MOST form must be completed with your doctor. He or she will review each statement and ensure you understand the implications of your choices. Section A of the document is a standard Do Not Resuscitate order (DNR) that indicates whether you want CPR performed should your heart stop. Sections B, C and D cover various medical interventions, from administration of antibiotics to whether you wish to be put on a ventilator. After you complete the form with your doctor, you will both sign it and it will become part of your medical records. You and the doctor must review the form every year and re-sign to indicate your decisions are still the same. If you change your mind, the old form will be marked VOID and a new form completed. Healthcare providers at the doctor’s office, hospital, or long-term care facility will follow the MOST instructions and call your doctor for follow up care. (Note: EMTs in North Carolina and many other states are required to make every effort to save your life; they are not able to honor MOST or DNR agreements. Depending on your situation, you may want...
Melinda Caddell Celebrates 25 Years With Local Firm

Melinda Caddell Celebrates 25 Years With Local Firm

Lexington, NC – Melinda Caddell is celebrating 25 years with Brinkley Walser Stoner. Caddell, a long-time staff member has served as a receptionist for the law firm for 25 years. She started working with the law firm in July of 1994. Melinda resides in Lexington with her husband Charlie Caddell where she enjoys spending time with family and friends, and shopping. “Melinda has been an integral part of Brinkley Walser Stoner,” says Karen Greene, Business Manager for the firm. “For 25 years Melinda has devoted her time and energy into managing the day to day activities of the firm and more. Brinkley Walser Stoner is appreciative and grateful for Melinda’s dedication.” Congratulations, Melinda, on this milestone...
BWS Update | June 2019

BWS Update | June 2019

Protect Your Business The employer and employee relationship can be tricky to navigate. Conflict between employers and employees can have a huge impact on the growth and profitability of a business. Here are three basic steps you can take to protect your business. Read More Drones & the Law While drones can be fun to operate, they are not really toys. A number of federal, state, and local regulations apply when operating a drone for commercial or personal use. Prior to using a drone in North Carolina, you must get a permit from the NC Division of Aviation and pass NCDOT’s UAS Knowledge Test. Have fun, but be safe and obey the law. Learn More Speakers for Your Church or Group Our attorneys are happy to come speak to your group on a variety of important topics like estate planning, elder law, Medicaid planning, starting a business, or real estate law. There is no cost or obligation; we are happy to share our knowledge. We have limited slots available. Please call us at (336) 249-2101 if you are interested in scheduling someone to speak. Thank you. Read...
Know Your Rights as an Employer: 3 Basic Steps to Protect Your Business

Know Your Rights as an Employer: 3 Basic Steps to Protect Your Business

By Bradley Hunt, Attorney at Law The employer and employee relationship can be tricky to navigate. Conflict between employers and employees can have a huge impact on the growth and profitability of a business. If you own or manage a business, it is important to understand your rights as an employer and take proactive steps, so you are ready when and if employment issues arise. Do You Need an Employment Contract? Do You Need an Employment Contract? In North Carolina, employment is “at-will,” meaning the employer is generally able to hire and fire at their discretion. That said, this does not mean a current or former employee might not file suit against the company. In certain situations, you may choose to protect your business with a clear and well-defined employment agreement (or employee contract). Such agreements are common in certain industries, including high tech and media. Often included in an employment agreement is a covenant not to compete, for instance, prohibiting a well-known on-air news personality from working for a rival station in the same market or barring a high-level software designer from working for a direct competitor for 12 months after their termination. Covenants not to compete can be hard to enforce, so if you choose to use this type of agreement to protect your business, we recommend having it drafted by an employment law attorney. Federal and State Employment Laws May Differ Labor laws can be complex and may differ by state and internationally. This can be challenging, especially if your business operates in multiple states or countries. To protect your business, you should have at least...
BWS Update | May 2019

BWS Update | May 2019

What is Medicaid Planning? When we talk about estate planning and preparing for retirement, we often include a discussion on long term care expenses and how to pay for those costs. Many clients believe they have saved sufficient funds for retirement and assume they will never need government assistance. But what happens if you do? Read More Be Aware and Report Abuse Vulnerable and Elder Abuse Awareness Month runs from Mother’s Day through Father’s Day each year. An unacceptable number of senior or vulnerable adults are abused, neglected, or exploited in North Carolina. The law in North Carolina requires anyone who suspects abuse to report it. Learn more about the signs of abuse and how to help ensure the elderly and vulnerable in our communities are safe. Read More Upcoming Events Guardianship Seminar in Greensboro When Is a Guardianship Appropriate? While we often think of guardianships as pertaining to minor children, they may also apply to adults who are incapacitated or incompetent. Join attorney Drew Nelson of Brinkley Walser Stoner to learn the basics of guardianships and powers of attorney in North Carolina. Date/Time: August 14, 2019, 10:00 a.m. Location: Mabel D. Smith Senior Center, 2401 Fairview St, Greensboro, NC 27405 RSVP:...
What is Medicaid Planning?

What is Medicaid Planning?

When we talk about estate planning and preparing for retirement, we often include a discussion on long term care expenses and how to pay for those costs. Many clients believe they have saved sufficient funds for retirement and assume they will never need government assistance. But what happens if your expenses are significantly higher than planned (for example, you or your spouse require expensive long-term care), your investments do not provide as much income as expected, or you simply outlive your money? Even if you never need to apply for Medicaid, it is worth planning as if you might need that kind of assistance. What is Medicaid? Medicaid is a state and federal partnership providing medical assistance to those with low income, the elderly, pregnant women, children, and disabled individuals. The program is run by each individual state, so the rules may differ. In 2017 it was estimated that 64% of nursing home residents in North Carolina received Medicaid assistance to pay all or a portion of the cost of care. The Affordable Care Act changed the Medicaid application process and some of the income rules surrounding eligibility. Some states have approved Medicaid expansion, extending the program to additional residents who would not otherwise have any healthcare coverage. As of the date of this writing, the North Carolina General Assembly has not approved Medicaid expansion. Why Plan? Consider the following situation: A married couple with grown children owns their $350,000 home outright and has $250,000 in retirement savings and investments. One spouse falls ill and is placed in a long-term nursing facility with no expectation he will return home....
BWS Update | April 2019

BWS Update | April 2019

Review Those Estate Plans That is a great question, and at the risk of sounding like an attorney, it depends. I typically recommend clients review their estate plans every two or three years, though if you have a life change, your estate plans should change immediately. Read More Upcoming Events What if We Haven’t Saved Enough? Medicaid planning is a must for anyone who is concerned they may outlive their retirement savings. There are options within the law to protect property for the benefit of your spouse and heirs. Join attorney Ryan McNeill on May 8 to find out the rules related to Medicaid and steps you may take well in advance to protect your family. The event is free but registration is required. Date/Time: May 8, 2019, 10:00 a.m. Location: Mabel D. Smith Senior Center, 2401 Fairview St, Greensboro, NC 27405 RSVP: 336-373-7566   Hot this Weekend! Head out to the 2019 BBQ Capital Cook-Off this weekend (April 26 & 27). Enjoy entertainment and good food, and cheer on your favorite competitors! The Budweiser Clydesdales will be there, too. It looks to be a fun weekend. Learn...
How Often Should I Review My Estate Plans?

How Often Should I Review My Estate Plans?

By Ryan McNeill, Attorney at Law That is a great question, and at the risk of sounding like an attorney, it depends. I typically recommend clients review their estate plans every two or three years, though if you have a life change, your estate plans should change immediately. A life change includes such things as marriage, separation, divorce, the birth of children, death of a spouse, and so forth. If the laws related to estate planning (federal or state) are changed, it is also a good idea to discuss the impact of those changes with your estate planning attorney. When Should I Review My Estate Plans? I mentioned some obvious life changes above, but there are other conditions that might cause you to consider reviewing your plans. You inherit money or property. This may or may not change your estate plans, but it is a good idea to review how your property will be distributed on your death to make certain no changes are warranted.You dispose of property referenced in your estate plans. For example, you may decide to sell the family home and move into a retirement community. You will want to update your documents to reflect that the asset no longer exists. Some retirement communities structure their financial commitment such that some percentage of the investment will be distributed to your heirs on your death. You will need to name these beneficiaries. A loved one is injured, becomes ill, or is diagnosed with a condition that will require long-term care. You may wish to discuss a special needs trust with your estate planning attorney. This trust can...
BWS Update |March 2019

BWS Update |March 2019

Role of an Elder Law Attorney There are many areas of law and sometimes they overlap. That can lead to confusion about the different functions performed by an attorney in each role. Sometimes a client might think they need an estate planning attorney or real estate attorney, but might really need an elder law attorney due to this overlap in areas of practice Steps to Take When a Loved One Dies. Read More Steps to Take When a Loved One Dies The death of a loved one, whether it is expected or not, can throw you and your family into turmoil as you enter a period of grieving. There are so many things that must be handled, it is easy to become overwhelmed. Some things must be dealt with quickly, while others can wait a few days or weeks. Read More Upcoming Events What if We Haven’t Saved Enough? Medicaid planning is a must for anyone who is concerned they may outlive their retirement savings. There are options within the law to protect property for the benefit of your spouse and heirs. Join attorney Ryan McNeill on May 8 to find out the rules related to Medicaid and steps you may take well in advance to protect your family. The event is free but registration is required. Date/Time: May 8, 2019, 10:00 a.m. Location: Mabel D. Smith Senior Center, 2401 Fairview St, Greensboro, NC 27405 RSVP:...