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Equity Preservation Project

Hosted by the North Carolina Bar Association Elder and Special Needs Law Section

  • To qualify for nursing home Medicaid benefits, individuals must satisfy complicated financial eligibility rules. The rules involve a concept called Medicaid estate recovery- which requires states to attempt to recover Medicaid benefits for nursing home services from a recipients probate estate after death. Because the only asset a Medicaid recipient is allowed to keep and still qualify for Medicaid benefits is the home, Medicaid’s claim typically results in the forced sale of a recipients home after death. The NCBA Elder and Special Needs Law Section seeks to address wealth inequalities among racial and ethnic groups and break the cycle of poverty reinforced by Medicaid estate recovery policy and implementation. Through the project, the Section will provide direct pro bono legal services to low-income families and consultation services to legal services lawyers working directly with these communities.
  • This project expects to engage 25 volunteer attorneys. The section plans to provide webinars on Medicaid Estate Recovery Planning techniques for legal services attorneys and staff. Services may be in person or remote, depending on the need. Volunteer attorneys will use their own computers and phones to communicate with clients, and in person services may be provided at volunteer attorneys’ offices or offices of legal services law firms.
  • This is a statewide project. Areas of law served will include: benefits (government, veterans, etc.) and elder law. Targeted populations include low-income residents of NC, people with disabilities, and seniors. Types of services to be rendered include client advice and counseling, client intake and interviewing, and document drafting.

Volunteer information coming soon!