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Legal Assistance

 

At times, you may find that legal consultation and/or representation is needed. There are many types of legal services available and many types of legal specialties. The American Bar Association offers a "Consumer Guide to Legal Help" which can help guide you as you determine which type of attorney is right for you. The NC State Bar Legal offers a "Specialist Directory" (2006 version) to connect you with attorneys in NC who specialize in particular areas and who are certified by the NC State Bar . If you want to find out more about attorneys who specialize in areas of law frequently impacting seniors, read the section below on Elder Law Attorneys.

Chatham County Courthouse
Wake County Courthouse
Lee County Courthouse
Moore County Courthouse

 

If you need legal assistance but cannot afford an attorney, there are options available. To find out information about free - or "pro bono" - services, read the American Bar Association's "Consumers Guide to Legal Help - Finding Free Help".

Legal Aid may be able to offer assistance. There are income guidelines for qualification. Below is contact information for each county or use their central intake number 1-866-219-5262.

Legal Aid of NC

Go! Chatham County 1-866-219-5262
1-919-542-0475
Go! Durham County 1-866-219-5262
1-919-688-6396
Go! Johnston County 1-866-219-5262
1-919-934-5027
Go! Lee County 1-866-219-5262
1-919-542-0475
Go! Moore County 1-866-219-5262
1-919-542-0475
Go! Orange County 1-866-219-5262
1-919-542-0475
Go! Wake County 1-866-219-5262
1-919-828-4647

 

If you feel that you need a short consultation before deciding how to proceed, try the online NC Find-A-Lawyer service. This online service is available 24 hours a day. An online form is filled out and you will be referred to an attorney in your area. There is no charge for the referral, however the attorney may charge up to $30 for an initial consultation of up to 30 minutes. This might be a good choice for finding out about your rights as a tenant. This is a service on the NC Bar Association. They can be reached at 1-800-662-7407. Please note that they do not provide referrals to pro-bono or volunteer lawyers.

AARP offers a Legal Services Network for members. Membership is $12.50 per year. They have arranged special rates with attorneys who have been screened and interviewed and have attended a LSN orientation. Their bar standing has been checked and their malpractice insurance verified. The website, as of July 2006, listed one participating attorney in Durham. Call 1-800-424-3410 for more information. An initial consultation (up to 30 minutes) is free. Legal services may be provided at a 20% reduction off the usual rates.

Orange County Courthouse

 

The American Bar Association offers a "Consumer Guide to Legal Help" which can help guide you as you determine which type of attorney is right for you. This valuable online guide is set up with the following categories:

The links above are for North Carolina specifically. The site offers this service for every state.

For an excellent online source of "do-it-yourself" legal information on a variety of topics, go to NOLO. They offer forms and software for sale, but also offer short online synopses of information on many topics at no charge.

In NC, if you want to represent yourself in a family law matter, the 26th Judicial District SelfServe Center website is available to assist.

If you need information on wills, powers of attorney, living wills, registries, trusts, etc., try our sister site, the Full Circle of Care Caregiver Website designed to help family caregivers keep aging relatives safely at home in the least restrictive environment for as long as possible. Forms legally viable in NC are accessible and information about what these documents are and how to implement them is also available.

 

Full Circle of Care Caregiver Website

Intertwining lives, Intertwining services

 

Through Older American's Act funds, local Senior Centers may offer limited legal assistance through coordination with local Legal Aid agencies. Typically this type of help involves an information session at the Senior Center on the topic of wills and living wills. If you are interested in this type of learning and assistance, contact your local Senior Center to inquire about the availability of the program.

 

 

Elder Law Attorneys

Attorneys often specialize in a particular area. The area of Elder Law is different from general law because it offers joint, multiple or family unit representation versus the predominant individual representation often found in trusts and estates law and because of the specialization in areas of law often needed by seniors and their family members.

There are fourteen areas that define Elder Law as a specialty. They are:

  1. health and personal care planning

  2. pre-mortem legal planning, including trusts

  3. post-mortem legal planning

  4. fiduciary representation

  5. legal capacity counseling, guardianship, and conservatorship

  6. public benefits advice (Medicare, Medicaid, etc.)

  7. insurance matters

  8. resident rights advocacy

  9. housing counseling

  10. employment and retirement counseling

  11. income, estate, and gift tax counseling

  12. tort claims against nursing homes

  13. litigation in judicial and administrative jurisdictions

  14. age or disability discrimination in employment and housing

The National Elder Law Foundation is licensed by the American Bar Association to certify attorneys in Elder Law using these areas of law. Their website identifies the criteria used to certify an attorney as an Elder Law attorney.

If more than one individual is represented by an Elder Law attorney, there must be no conflicts between them. Elder Law is holistic and multidisciplinary. The holistic approach plans for all environmental and personal needs, as well as asset and financial protections. The multidisciplinary aspect reaches beyond the legal profession to include other professions serving seniors and their families. Some Elder Law attorneys offer in-house non-lawyer consultations with professionals who can assist in non-legal areas. However, any services offered by someone other than an attorney, even if provided within the office of an attorney, may not carry the protections normally afforded a client-attorney relationship.

If an attorney in the yellow pages of the phone book or one that you heard of through a friend calls themselves an Elder Law attorney, the American Bar Association recommends looking for the statement, "Accredited by the American Bar Association to certify lawyers in the specialty area(s) of ____________" in the program's descriptive materials or on their certificate. Or, you can always search for a certified Elder Law attorney through nationally recognized legal organizations.

 

Go! National Elder Law Foundation Search for an Elder Law Attorney
Go! National Academy of Elder Law Attorneys Member Consumer Registry
Go! National Academy of Elder Law Attorneys
     Questions to Ask When Looking for an Elder Law Attorney

 

 

 

Quick Reference:

Gavel

 

Go! Full Circle of Care Caregiver Website on Legal Issues for Seniors
Go! National Academy of Elder Law Attorneys - Questions & Answers
Go! NC State Bar Legal Specialist Directory
Go! NC Bar Association Lawyer Referral Service       1-800-662-7660
Go! NC Bar Association's Online Find-A-Lawyer
Go! American Bar Association's Consumer Guide to Legal Help
Go! Finding Attorneys Nationwide
Go! Wake Forest University's Elder Law Clinic (medical & health specialists)
     1-336-758-6116
Go! Administration on Aging's Legal Hotlines for Seniors
Go! Pro-Bono Service (service for those who cannot afford to pay)
Go! Pro-Bono Service Outside North Carolina
Go! AARP Legal Services Network Guide to Finding Legal Help
Go! National Elder Law Foundation Search for an Elder Law Attorney
Go! National Academy of Elder Law Attorneys Member Consumer Registry
Go! National Academy of Elder Law Attorneys
     Questions to Ask When Looking for an Elder Law Attorney

 

*Picture Credits:
Chatham County Courthouse - Home & Ideas Magazine; Lee County Courthouse - Kanoy Architecture; Moore County Courthouse - Kirk Tours; Orange County Courthouse - Alliance for Historic Hillsborough; Wake County Courthouse - Wake County; Legal Aid of NC - Legal Aid of NC

 

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