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Mitchell C. Payne

Payne, Black & Pickelsimer, LLC

Mitchell C. Payne

Payne, Black & Pickelsimer, LLC

Mitchell C. Payne

Payne, Black & Pickelsimer, LLC

MITCHELL C. PAYNE is a Partner in the law firm of Payne, Black & Pickelsimer, LLC and a shareholder in ElderLaw Services of South Carolina, P.A. He received his Masters in Accounting from the University of South Carolina’s Moore School of Business, and his Law Degree from the University Of South Carolina School Of Law. Mr. Payne has been representing South Carolina families for over 25 years, concentrating his practice in the fields of Asset ProtectionElder Law, Medicaid Eligibility, Veteran’s BenefitsLong Term Care Planning, Disability and Special Needs Law, Nursing Home Law, Incapacity, Estate Planning, Wills, TrustsProbate, Estate Administration, Guardianship, Business Disputes, Business Succession Planning, and Litigation, relating to Breach of Fiduciary Duty, Exploitation of Vulnerable Adults, Abuse of Power of Attorney, and all Probate Court matters.

Mr. Payne was a founding board member of the Carolina's Chapter of the National Academy of Elder Law Attorneys; a Past President of the South Carolina Chapter of NAELA; and a Charter Member of the Academy of Special Needs Planners. Mr. Payne currently service on the Elder Law Committee of the South Carolina Bar and the Board of Directors of South Carolina NAELA, and is a frequent lecturer on Elder Law, Medicaid, Public Benefits, Asset Protection, and the rights of senior citizens and those with disabilities. 

Our goal is for our firm to become South Carolina’s Premier Source for Elder Law, Estate Planning, Long Term Care Planning, Planning for Disabilities and Special Needs, and Asset Protection Planning; and the place you turn for assistance in obtaining Medicaid or other Public Benefits.  

From our offices in Rock Hill, SC, and Columbia, SC, the lawyers at Warner, Payne & Black pride themselves in aggressively achieving the goals and preserving the dreams of South Carolina families. 

The attorneys at Warner, Payne & Black have represented clients in cities and towns throughout the Carolinas, including Columbia, Rock Hill, York, Clover, Lancaster, Chester, Lexington, Charlotte, Pineville, Indian Land, Sun City Carolina Lakes, Charleston, Greenville, Kershaw, Camden, Florence, Cheraw, Chesterfield, Orangeburg, Myrtle Beach, Hilton Head, Augusta, Aiken, Beaufort, Gaffney, Spartanburg, Gastonia, Sumter, Lexington, Winnsboro, Newberry, Pageland, Greenwood, Georgetown, and Savannah, Georgia. 

Firm Description

• Elder Law • Estate Planning • Medicaid and Medicare • Long Term Planning • Guardianships • Wills and Trusts • Taxation • Probate and Estate Administration

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What Is an Elder Law Attorney?

Main Office

PO Box 10352
Rock Hill, SC 29731

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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.

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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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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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