Legal Services | High Country Area Agency on Aging

Legal Aid of North Carolina – Senior Law Project

The High Country Area Agency on Aging offers legal services through a contract with Legal Aid of North Carolina's Senior Law Project. The Senior Law Project operates the Senior Legal Helpline, which offers free civil legal help to North Carolinians who are 60 years of age or older. To maximize help to older adults with the greatest social and economic needs, Legal Aid maintains a list of priority areas set by its board of directors and case acceptance guidelines set by its management.

The Senior Legal Helpline helps with the following:

Life Planning: Wills (for seniors who own thier home) & Living Wills, Powers of Attorney, Healthcare POA
Housing: Tenants, Homeowners, or surviving family members facing eviction, foreclosure, or Medicaid Estate Recovery; seniors facing severe habitability issues due to a landlord refusing to make repairs or a contractor defrauding them; Other issues faced by homeowners/purchasers arising out of Option Contracts, Installment Land Contracts, Contracts for Deed, “rent-to-own” agreements, or Home Foreclosure Rescue Transactions
Elder Abuse: Physical Abuse, Financial Exploitation, Fraud and Scams
Consumer: Contracts, Collections, Repossessions
Benefits: Medicaid/Medicare, SNAP (Food Stamps), Social Security & SSI, Veteran's Benefits

Common Legal Questions for Older Adults

A will is a binding legal document that lets you specify where your property goes at your death. Any person over the age of 18 of sound mind may make a will.

If someone passes without a will, property is distributed through default rules set by the laws of intestate succession.

A living will is a legal document that allows you to control the decision about whether your life should be prolonged by certain medical procedures if you are suffering from one of three conditions:

Incurable or irreversible condition;
Unconsciousness, and to a high degree of medical certainty you will not regain consciousness; or
Advanced dementia or another condition which results in a substantial loss of cognitive ability and to a high degree of medical certainty the loss is not reversible.

Advanced directives are legal documents that help you and your loved ones make decisions if/when you are unable to do so, including Powers of Attorney, Health Care Powers of Attorney, and Living Wills.

A Power of Attorney is legal document in which you give someone (known as your agent) the legal authority to take certain actions for you regarding financial decisions.

A Durable Power of Attorney, according to the 2018 North Carolina Uniform Power of Attorney Act, goes into effect immediately and remains in effect during incapacity or incompetence. A Springing Power of Attorney is effective only once the person becomes incapacitated or incompetent.

You can give your agent power over any of the following: Real Property; Tangible Personal Property; Stocks and Bonds; Commodities and Options; Banks and Other Financial Institutions; Operation of Entity or Business; Insurance and Annuities; Estates, Trusts, and Other Beneficial Interests; Claims and Litigation; Personal and Family Maintenance; Benefits from Governmental Programs or Civil or Military Service; Retirement Plans; Taxes; All preceding subjects

A Health Care Power of Attorney is a legal document in which you give someone the power to make medical decisions for you if you are not competent or if you are not able to communicate your wishes.

A Health Care Power of Attorney comes into effect only when a physician you have named or your attending physician (if the one that you have named is not available) determines that you lack capacity to make or communicate decisions relating to your health care, unless your Health Care Power of Attorney agreement states otherwise.

The Health Care Power of Attorney Agent has the ability to make and carry out all health care decisions and mental health decisions for you, unless you limit their ability.

Legal Aid of North Carolina – Senior Law Project

Contact Information

What is a will?

What happens if I die without a will?

What is a living will?

What are advanced directives?

What is a Power of Attorney?

When does a Power of Attorney go into effect?

What powers can I give my Power of Attorney agent?

What is a Health Care Power of Attorney?

When does a Health Care Power of Attorney come into effect?

What authority does my Health Care Power of Attorney agent have?