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David B. McLean

David B. McLean, Attorney and Counselor at Law

David B. McLean

David B. McLean, Attorney and Counselor at Law

David B. McLean

David B. McLean, Attorney and Counselor at Law

David has been practicing in the areas of Elder Law, Medicaid, Guardianship, Probate and Estate Planning since 1999. He brings to this area of law a keen interest in issues surrounding the aging population and a desire to make complex issues easily understandable. The more a client understands the workings of the Medicaid system or how the Court handles a guardianship action, the better equipped the client is to make good decisions. David’s practice of law has also been greatly informed and enhanced by his experience in counseling courses, gained as he obtained a Masters of Divinity.

David obtained his Bachelor of Arts at Furman University in Greenville, SC, majoring in Political Science and French, and his Masters of Divinity at the Southern Baptist Theological Seminary in Louisville KY, emphases in higher education and world religions. He obtained Juris Doctor from Wake Forest University School of Law. He also participated in the Legal Clinic for the Elderly while at Wake Forest.

Firm Description

SERVICES

ESTATE PLANNING is preparation for the future, where you may state how your estate should be distributed following your passing:

Last Will and Testament
Trusts—Revocable and Irrevocable

ADVANCE DIRECTIVES are documents that nominate agents to handle your personal, medical and financial affairs during your lifetime, if you are ever cognitively impaired and cannot speak for yourself:

Continuing (a/k/a “Durable”) Power of Attorney
Health Care Power of Attorney
Advanced Directive For a Natural Death (“Living Will”)

MEDICAID is a government-regulated and financed program that can help with the costs of long-term care in a skilled nursing facility or in assisted living. It can be very difficult and challenging to obtain eligibility for Medicaid. We can help explain the laws and regulations governing Medicaid in a logical, clear way. We continually monitor changes in Federal and North Carolina law regarding eligibility for such programs. From the extensive Medicaid application to approval by the Department of Social Services, we can professionally assist in the process.

GUARDIANSHIP is a proceeding before a county Clerk of Superior Court, to recognize that someone who is cognitively impaired needs to have their rights protected by someone else, as Guardian. Guardianship can be “of the Person,” “of the Estate,” or both.

PROBATE (ESTATE ADMINISTRATION) is the Court-supervised process for paying a deceased person’s debts and carrying out his or her wishes as contained in their Last Will. Or, probate may mean following the laws of the State for a person who dies without a will. The process begins with the filing of the Last Will and Testament at a county Courthouse’s Estates Division, if an Executor has been named in the Will, or with the appointment of an Administrator, if there is no Will. From start to finish, we assist with all legal services necessary to complete the Probate/Estate process.

SPECIAL NEEDS TRUSTS (also known as “supplemental needs trusts”) are established for the benefit of a disabled beneficiary. This process allows the beneficiary to receive gifts, settlements or judgments from lawsuits, inheritances or other funds, and yet not lose his or her eligibility for certain needs-based government programs, such as Medicaid or SSI.

Hours

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Cost

What Is an Elder Law Attorney?

Main Office

1100 Revolution Mill Drive
Studio 2
Greensboro, NC 27405

On the web

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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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Medicaid’s Eligibility and Transfer Rules

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
Medicaid’s Eligibility and Transfer Rules

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.

READ MORE
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.

READ MORE
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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