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Finding the Best Long-Term Care Facility for a Loved One

Finding the Best Long-Term Care Facility for a Loved One

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...
Employment: Am I an employee or 1099?

Employment: Am I an employee or 1099?

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...
Brinkley Walser Named to “2022 Best Law Firms” for Elder Law and Trusts & Estates

Brinkley Walser Named to “2022 Best Law Firms” for Elder Law and Trusts & Estates

Lexington, NC – David Inabinett, Managing Member of Brinkley Walser Stoner, PLLC, announced today that the firm has been recognized in the 2022 edition of U.S. News-Best Lawyers “Best Law Firms” in the Triad for its work in Elder Law and Trusts & Estates Law. “The attorneys at Brinkley Walser Stoner strive to provide the best possible experience for our clients at a time when they need it the most,” says Inabinett. “It is truly an honor to be recognized by our colleagues and peers. I never take for granted the work our firm does and the impact we have on those in the community.” Firms included in the 2022 edition of U.S. News – Best Lawyers® “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients and peers. To be eligible for a ranking, a firm must first have a lawyer recognized in The Best Lawyers in America®, which recognizes 6% of lawyers practicing in the United States. Brinkley Walser Stoner prides itself on providing new and cutting-edge legal counsel built on a foundation of knowledge and integrity. Brinkley Walser Stoner’s attorneys are first and foremost counselors, advising clients on their legal rights and options for appropriate solutions. Practice areas include business law, real estate, litigation, elder law, estate planning, injury and disability, criminal defense, traffic and DWI, banking, family law, municipal, governmental, and education law, among others. Brinkley Walser Stoner is an AV-rated firm by Martindale-Hubble®. The firm has offices at 10 LSB Plaza in Lexington and in the First Citizen’s Building, 620 Green Valley Road, Suite 306, in Greensboro. Visit Brinkley Walser...
Domestic Violence Awareness Month

Domestic Violence Awareness Month

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...
Back To Your Regular Driving

Back To Your Regular Driving

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...
A Community Resource Guide for Providing Services and Aid to Seniors

A Community Resource Guide for Providing Services and Aid to Seniors

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...
Celebrating 25 Years with Brinkley Walser Stoner

Celebrating 25 Years with Brinkley Walser Stoner

September 3, 2021, marks David Inabinett’s 25th anniversary with Brinkley Walser Stoner,PLLC. The Lexington native started as an associate in 1996 immediately after graduating fromWake Forest University School of Law in Winston-Salem and was appointed Managing Memberof the firm in 2009. His main areas of practice are Estate Planning & Administration, Real EstateLaw, Elder Law/ Medicaid, and Nursing Home Planning, Public School Law, and Business andCommercial Law. Inabinett is a member of the National Association of Elder Law Attorneys(NAELA) and has been selected once again by his peers for inclusion in the 28th edition of TheBest Lawyers in America® in the fields of Elder Law, and Trusts and Estates. “I went into the field of law to make a difference,” says Inabinett. “Helping clients through someof the most difficult and challenging moments in their lives is immensely satisfying, as is workingwith clients and organizations to move important initiatives forward in our community. If I had achance to go back and choose my career again, I would still choose the law. That said, I wouldtell my younger self to take more intentional time to develop skills, hobbies, and relationshipsto enrich my life and ultimately my law practice!” “I have been fortunate to have the opportunity to call David not only a mentor but also a friendfor the past 18 years,” says Bradley Hunt, a member attorney at the firm. “His level-headedapproach and thoughtful insight into the practice of law simply cannot be measured. Theguidance he has provided and shared with me over the years has taught me more about beinga lawyer, about being a professional, than I can truly put...
David Inabinett Celebrates 25 Years with Brinkley Walser Stoner

David Inabinett Celebrates 25 Years with Brinkley Walser Stoner

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...
“Excellence in Practice” – Elder Law, Trusts & Estates

“Excellence in Practice” – Elder Law, Trusts & Estates

Lexington, NC – David E. Inabinett, Managing Member of Brinkley Walser Stoner, has been selected once again by his peers for inclusion in the 28th edition of The Best Lawyers in America in the fields of Elder Law, and Trusts and Estates. “Knowing the work I do is making a positive impact is something I never take for granted,” says Inabinett. “With the unpredictable year we’ve all had, I’m thankful for my peers and their consideration in selecting me to be among this esteemed list of lawyers. Being able to serve my community, their families, and their needs is important to me. I’m forever grateful that I still get the opportunity to do just that.” Inabinett is a proud member of the National Academy of Elder Law Attorneys (NAELA™). Best Lawyers® is proud to embark on the 28th edition in the United States, marking the landmark 40th year for our esteemed listings. Since 1981, Best Lawyers has produced the most reliable, unbiased source for legal referrals. We highlight the extraordinary accomplishments of those in the legal profession with a list of outstanding lawyers compiled by conducting exhaustive peer-review surveys. We are honored to announce the 28th Edition of The Best Lawyers in America®. Each year, Best Lawyers honors approximately 5% of practicing lawyers in the United States, exemplifying the work of the most elite and top-rated lawyers in the country. About Brinkley Walser Stoner, PLLC Brinkley Walser Stoner prides itself on providing new and cutting-edge legal counsel built on a foundation of knowledge and integrity. Brinkley Walser Stoner’s attorneys are first and foremost counselors, advising clients on their legal rights and options...
How To Avoid Labor Lawsuits

How To Avoid Labor Lawsuits

By Bradley Hunt, Attorney at Law How To Avoid Labor Lawsuits As a business owner, you must be prepared to deal with problems or challenges that may impact the growth and future success of your company. Whether you’re operating a small business with 1-5 employees or an organization with 20 employees, here are three steps that you should take to protect yourself and your business from employment lawsuits. Step One: Understand State and Federal Employment Laws Having a basic understanding of both federal and North Carolina labor laws is a good start to avoiding a labor lawsuit. North Carolina is an “at-will” employment state, meaning an employer can hire and fire an employee at their discretion. While North Carolina may be an “at-will” state, this does not mean that an employee is powerless when it comes to filing a suit against a company. Setting clear expectations and following state and federal employment laws is a good start. Having an employment contract or agreement could save you the trouble of dealing with a lawsuit. Step Two: Follow Wage Guidelines Employers often get into trouble trying to avoid paying overtime or misclassifying employees as part-time or 1099 (to avoid paying benefits) when they are treated as full-time direct hires. All employers should be following the rules as it relates to overtime pay, contract, part-time or full-time employees. Some of these classification rules can be tricky, especially related to contract vs. direct hire employees. If you are not certain, you may wish to consult with an employment attorney. For an overview of employee rights regarding overtime pay, visit the North Carolina Department...
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