Elder Law

North Carolina Elder Law Attorneys

We have the experience and skills to help you with all of your elder law, probate administration, and estate planning needs. Our elder law attorneys will explain how powers of attorney, Medicare, special needs or supplemental trusts, and Medicaid planning can effectively support a family in need of broad health care.

Attorney Mary Ann Dalton dedicates her practice to the service of the legal needs of the elderly and their families. This makes us uniquely qualified to be your life care plan partner. Her focus on elder law allows her to keep abreast of the rapidly changing laws that affect your future.

Contact the elder law lawyers of Herring Mills & Kratt PLLC, in Raleigh, North Carolina, to schedule an opportunity to meet with our lawyers.

If you answer YES to any of these questions, speak with an elder law attorney….

Concerns of clients have included …

My mother is having difficulty making decisions. How can I help her?

If your mother has sufficient mental capacity, you should consider suggesting to her to execute a power of attorney suited to her needs which will allow you to act as her agent. There is a whole range of powers of attorney and living trust documents which your mother can execute to enable persons to act on her behalf. If she does not have that level of mental capacity, North Carolina law allows you to file a petition in court in which you ask a judge to appoint you as her guardian.

My second wife and I wish to have our wills and powers of attorney drafted. I want my children from my first marriage to be in charge. What does this mean for my wife?

Estate planning is especially important for blended families. Often in second marriages one spouse has paid the living expenses and the other has accumulated wealth for the couple. It is important to review how finances and property are titled to insure the end result provides for your spouse and puts into effect the wishes of the couple. Special powers of attorney, trusts, joint tenancy accounts and life estates can be used in this regard.

I'm unmarried. What can I do to protect my assets?

Your property can be preserved for family members by establishing various types of trusts, purchasing long-term care insurance, and converting certain assets into an exempt form that will enable you to qualify for government benefits.

How can I provide for my disabled child’s well-being?

A special needs trust for the benefit of your child would provide for the continued care for your child and also preserve your child's eligibility for public benefits. In your Will, you can choose the persons to look after your child and the monies left to care for him or her.

My parents need help. My siblings cannot agree how to provide the care and financial support for mom and dad. Should I go to court to get something done?

Elder mediation is a first step to making care decisions and determining responsibility regarding the elderly or the disabled. Families should seek a certified elder care mediator to help resolve their disagreements.

Please visit our Elder Law Practice Center

Herring Mills & Kratt PLLC   Two Hannover Square, Suite 1860  Raleigh, NC 27601   919.821.1860  fax 919.821.1816
  • E. Parker Herring 1
  • David Curtis Smith
  • Bobby D. Mills 1,2
  • Anna E. Worley 1,5
  • E. William Kratt 3
  • David E. Duke
  • Mary Ann Dalton 4,6
  • Heather J. Williams
  • Stephanie C. Adams
  • 1 Board Certified Specialist in Family Law
  • 2 Member American Academy of Adoption Attorneys
  • 3 Board Certified Specialist in Estate Planning and Probate Law
  • 4 Member National Academy Elder Law Attorneys
  • 5 DRC – Certified Family Financial Mediator
  • 6 DRC – Certified Estate & Guardianship Mediator


The Raleigh, North Carolina, law firm of Herring Mills & Kratt PLLC, serves residents and businesses throughout central North Carolina, including communities such as Durham, Chapel Hill, Cary, Wake Forest, Apex, Morrisville, Holly Springs, Clayton, Pittsboro, Sanford, Smithfield, Southern Pines, Pinehurst, Greenville, Wilson, Rocky Mount, and Research Triangle Park (RTP), North Carolina.

Wake County • Durham County •Orange County • Chatham County • Lee County • Harnett County
• Johnston County • Moore County • Wilson County • Pitt County • Nash County

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