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Carole Spainhour MBA, JD

ElderLaw Carolina

Carole Spainhour MBA, JD

ElderLaw Carolina

Carole Spainhour MBA, JD

ElderLaw Carolina

About Carole Spainhour

Carole is principal of ElderLaw Carolina and her role is to use her knowledge and experience to guide the client in planning for later in life transitions.  Her goal for the planning process is to put the client's wishes into a plan that will accomplish their intentions  and also avoid unnecessary costs, conflict and stress in the event of difficult transitions .   She  introduces clients to the range of resources, legal tools  and community services and public programs available to help them.  “We should have done this years ago” is a common comment made by clients after working with Carole.

Carole has been selected by her peers to be included in  Best Lawyers in America in the field of Elder Law since 2008, including again in 2016. Carole frequently speaks to lawyers and the public about elder law related issues. She gained valuable insights from her nine years on the Ethics Committee at Watauga Medical Center in Boone NC, and demystifying End of Life decision making, along with the prevention of elder exploitation and abuse are her two primary pro bono interests.

Firm Description

Carole Spainhour Attorney has provided focused expertise in North Carolina Elder Law and Estate Planning since 1996. Carole is also licensed in South Carolina and has an office in Greenville, SC.

Carole has been selected by her peers for inclusion in The Best Lawyers in America in the specialty of Elder Law since 2010. She has been a member of the National Academy of Elder Law Attorneys since 1999. She is an accredited attorney for Veterans Administration benefits.

Ms. Spainhour served as Chairperson of the NC Bar Association Elder Law Section, and as Chapter Editor of the NC Estate Administration Manual published by the Estate Planning and Fiduciary Law Section of the NCBA, and was a member of the Ethics Committee for Watauga Medical Center in Boone, NC for several years. She serves as a Trustee for the Clabough Foundation, a charitable foundation serving Western N.C.. Her practice areas include:

  • Elder Law
  • Estate Planning
  • LLCs and Family Partnerships
  • Medicaid and Medicare
  • Long Term Care Planning
  • Guardianships
  • Wills and Revocable Trusts
  • Special Needs Trusts
  • Estate and Gift Taxation
  • Probate and Estate Administration
  • Charitable Gifting

This website is for general informational use only and may not be relied upon as legal advice. No attorney client relationship is offered or available through this website or through email communication.

Hours

Please contact this attorney for firm hours by clicking here.

Cost

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What Is an Elder Law Attorney?

Main Office

Orange Street Professional Park
32 Orange Street
Asheville, NC 28801

On the web

View Firm Website


Medicaid 101
What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

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How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

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Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

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What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

READ MORE
How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

READ MORE
Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

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Medicaid Planning Strategies

Careful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.

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Estate Recovery: Can Medicaid Take My House After I’m Gone?

If steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.

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Help Qualifying and Paying for Medicaid, Or Avoiding Nursing Home Care

There are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.

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Are Adult Children Responsible for Their Parents’ Care?

Most states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.

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Applying for Medicaid

Applying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.

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Alternatives to Medicaid

Medicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.

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ElderLaw 101
Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

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Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

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Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

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Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

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Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

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Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

READ MORE
Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

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Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

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Long-Term Care Insurance

Understand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.

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Medicare

Learn who qualifies for Medicare, what the program covers, all about Medicare Advantage, and how to supplement Medicare’s coverage.

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Retirement Planning

We explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.

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Senior Living

Find out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.

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Social Security

Get a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.

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Special Needs Planning

Learn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.

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Veterans Benefits

Explore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.

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