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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.
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.

Chatham County |
1-866-219-5262
1-919-542-0475 |
Durham County |
1-866-219-5262
1-919-688-6396 |
Johnston County |
1-866-219-5262
1-919-934-5027 |
Lee County |
1-866-219-5262
1-919-542-0475 |
Moore County |
1-866-219-5262
1-919-542-0475 |
Orange County |
1-866-219-5262
1-919-542-0475 |
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.

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.

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:
-
health
and personal care planning
-
pre-mortem
legal planning, including trusts
-
post-mortem
legal planning
-
fiduciary
representation
-
legal
capacity counseling, guardianship, and conservatorship
-
public
benefits advice (Medicare, Medicaid, etc.)
-
insurance
matters
-
resident
rights advocacy
-
housing
counseling
-
employment
and retirement counseling
-
income,
estate, and gift tax counseling
-
tort
claims against nursing homes
-
litigation
in judicial and administrative jurisdictions
-
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.
National Elder Law Foundation Search for an Elder Law Attorney |
National Academy of Elder Law Attorneys Member Consumer Registry |
National Academy of Elder Law Attorneys
Questions to Ask When Looking
for an Elder Law Attorney |
Quick
Reference:

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