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Alimony and Tax deadline for 2018!

The Tax and Job Cuts Act of 2017 permanently repealed the tax deduction for alimony paid under a divorce instrument signed on or after January 1, 2019. The repeal affects the alimony tax deduction currently available to the alimony payor under Internal Revenue Code § 215 and the inclusion of alimony as taxable income to the recipient under § 71. Unlike many of the other provisions affecting individual income taxation under this tax reform act, the repeal of the alimony deduction does not expire in 2025. This means that spousal support, post-separation support or alimony. paid under a divorce instrument (court order or contract/agreement) signed on or before December 31, 2018, will continue to be tax-deductible if all of the § 71 requirements are met.

To take advantage of the tax deduction for alimony, supporting spouses need to schedule a court date before December 31, 2018 to finalize post-separation support and/or alimony. Individuals planning to marry will also need to finalize a contract such as a Prenuptial or Antenptial Agreement with their potential spouse. For separated spouses, a Separation Agreement or Reunification Agreement also needs to be finalized by December 31, 2018. If you are a supporting spouse, either court ordered to pay spousal support or contracted to provide such support, you would receive a tax incentive, or deduction, in the years in which spousal support is payable. Your accountant or tax professional can educate you on how to take advantage of such tax incentives for 2018 before they are repealed. A skilled, experienced family law attorney can provide relevant legal advice regarding the obligation to pay or entitlement to spousal support and how taxes can affect your bargaining power or legal arguments to a Court. Contact a board certified specialist in family law today!

Adoption Credits and Taxes in 2018

The Tax and Job Cuts Act of 2017 threatened adoption credits for families adopting after January 1, 2018. The good news is the non-refundable baseline adoption credit is still valid for 2018 and has increased to $13,840. A tax professional can advise you on the income restrictions, if you have adopted within the last five years and other specific information related to your situation. Only a skilled attorney with experience in Adoption law can assist you in finalizing the legal status for a potentially adoptive minor child. Ashley Michael has over 10 years of experience in all types of adoptions such as stepparent adoptions, relative adoptions, ICWA adoptions (Indian child), interstate adoptions (ICPC), same-sex marriage adoptions, adult adoptions, foreign adoptions or readoptions, and contested litigation.

If you follow the media buzz surrounding the Royal Family and were excited about the wedding and the fairy tale of US celebrity meets British royalty, one thing you won’t find in the tabloids or the Washington Post is that Harry and Meghan have a prenup. The stance from Kensington Palace is prenupts are for celebrities, not royals like the Duke and Duchess of Sussex.

Prenuptial Agreements are not commonplace in the United Kingdom but prenups are on the rise in the US. CNBC reported in 2016 that prenuptials are on the rise with millennials andthat overall prenupts have increased fivefold in the past 20 years.

Why are prenups on the rise in the US and virtually nonexistent in the UK? Mainly because prenuptial contracts cannot be legally enforced in UK courts. Why is this important to non-celebrities and non-royals like me an you? In North Carolina, US citizens are able to contract prior to marriage as to all financial matters, including spousal support/alimony in the event of a separation or later divorce. Prenups can prevent lengthy court battles when the parties separate.

But isn’t a prenup a preface of a marriage destined not to last. No, if the wedding bliss does not last then a prenup is a key document, especially with the rising rate of divorce.

If you are not part of the Royal family and do not reside in the UK, then planning for a wedding may include not only picking out the cake flavor, but also making business-like decisions such as: how to divide the 401(k), how to manage household spending, who keeps the beach house previously deeded to a spouse from a family member, and how to divvy up the wedding china and gun collection in the event of a split. This discussion and a prenup may even save a marriage since potential spouses will discuss how to prepare for their joint financial future Also, you might have a prenupt and not even know it; a napkin with “ideas” about the once impending marriage which can be supported by law later upon separation may act as a prenup! Unless you are a member of the Royal Family, consider a Prenuptial Agreement written and signed by both parties before a notary. Be sure and consult a skilled family law attorney who can provide relevant legal advice to your specific situation and can also educate you on planning for your marriage and joint financial future!

In 2003, the North Carolina Legislature extended alternative dispute resolution for divorce by providing Collaborative Law as a legal substitute to the adversarial court system model.  Since that time, separating/divorcing spouses and/or parents of minor children may choose collaboration instead of fighting in a courtroom. With a Collaborative Divorce, the parties take matters into their own hands and work together to reach decisions rather than depending on courtrooms and Judges to reach verdicts about their future.

The Collaborative Divorce Process

Collaborative Divorce attorneys and other specialists (financial and mental health) are trained in a paradigm shift of non-adversarial and interest-based negotiation.  Parties sit down together with their attorneys and engage in cooperative decision-making.  Each person signs a legal contract (pledge) which provides a safe space and time to settle their legal matters without court involvement while also preserving any statutory time frames. 

Each spouse has their own collaborative law trained attorney and the 4 individuals meet together in a series of sessions to shape the process.  The legal needs, budget and time concerns of each party are discussed in a series of sessions that work towards a collaborative resolution and identify the matters in dispute.  For example, the parties may reach an immediate agreement regarding the children’s schedules, certain  financial needs, or what professionals they need to assist them, be  it financial advisors, appraisers, counselors, etc.  They might need additional data or need to brainstorm a specific topic in order to reach compromise or final result.  The communication leads to a comprehensive Separation Agreement which contain provisions that fit the parties, their children, and/or their businesses’ needs, not just what family law statutes dictate or a Judge’s discretion ultimately provides. 

Benefits of Collaborative Divorce

With Collaborative Divorce, the parties retain more control over their case outcome and can reduce legal fees and costs than litigation. 

Collaborative law uses “positive” communication strategies.  For example, interest-based negotiation emphasizes the explanation of “why” an individual wants what they are requesting instead of just focusing on an immovable hard line “position.”  The attorneys and parties shared communication creates synergy and more effective problem solving as they are in the same room to collect, discuss, and understand information from their marriage.  Clients may also benefit by learning communication skills that help divorced couples maintain or create a future of peace and consistency for their families.  During the collaborative process, the attorneys are the guides, educators and facilitators along the way.  Each party retains attorney-client privilege and confidential time to receive legal education, strategize and finalize decision-making outside of sessions with the other spouse and their attorney.

Collaborative Law Attorneys Can Help

A spouse facing a divorce, separation or family dispute should consider speaking with a trained Collaborative Divorce attorney who will analyze all legal paths to identify what shall best meet the needs for the party before filing a lawsuit. 

Ashley Michael is a founding member of Coastal Collaborative Colleagues (CCC), the only collaborative divorce practice group in Eastern North Carolina.  CCC is a non-profit organization established with the North Carolina Secretary of State in 2012 consisting of attorney, mental health and financial specialist members.  Learn more about Collaborative Divorce at www.coastalcollaborativedivorce.com

Ashley Michael is a Board Certified Specialist in the area of Family Law.  She is 1 of 3 practicing attorneys in New Hanover County to hold this distinction and 1 of 254* family law specialists state-wide, out of more than 20,000 licensed attorneys in North Carolina.  (*data as of February 2018)

What are the different types of Adoption?:

  • Direct placement
  • Relative
  • Adult and Incompetency
  • Stepparent
  • International/Foreign/Readoption
  • Agency
  • (ICPC) Interstate

(including same-sex couples if validly married; ICWA matters)

  • Termination of Parental Rights (to clear the path to Adoption)

Ashley Michael is one of few attorneys in Eastern North Carolina who has significant experience in  Artificial Reproduction Technology (ART) Litigation, Prebirth Orders, Name changes, and Gestational Carrier/Surrogacy Agreements.

Working with an Attorney during Adoption

Not all Family law attorneys provide Adoption services.  It is important to locate an attorney knowledgeable and skilled in North Carolina’s Adoption laws to assist you during this exciting and sensitive time in your family’s journey.

Ashley has built strong and consistent relationships with local courts, hospitals, Department of Social Services-Adoption and CPS divisions, and medical providers in New Hanover, Pender, Brunswick and Onslow counties.  Families in the adoption process should expect a prepared, experienced attorney and effective communication in order to meet the goals of a successful adoption and physical transfer of the adoptee. If you have questions about adoption services, please give Ashley a call at (910) 815-0085.

 

Ashley Michael is a Board Certified Specialist in the area of Family Law.  She is 1 of 3 practicing attorneys in New Hanover County to hold this distinction and 1 of 254* family law specialists state-wide, out of more than 20,000 licensed attorneys in North Carolina.  (*data as of February 2018)

Wills & Estate Administration

When a loved one dies leaving a Will, the question of who will administer the Estate is usually contained in the document. Letters of Testamentary are granted to the person named as the Executor in the Will. If the named Executor or named successor Executor is unable or unwilling to serve and no successor executor is named, the Court will follow the order of priority for qualification utilized for intestate Decedent’s estates. An intestate estate is the legal term for individuals who die leaving no Will. The order of priority for who will serve when there is no named Executor willing or able to serve or when there is no will is set forth in North Carolina General Statute § 28A-4- 1(b).

N.C.G.S. § 28A-4- 1(b) provides a prioritized list, subject to the Clerk’s discretion and what is best for the Estate, of who shall be granted Letters of Administration:


a. surviving spouse;
b. any devisee of the testator;
c. any heir of the Decedent;
d. any next of kin of the Decedent, with a person who is of a closer kinship under N.C.G.S.
§ 104A-1 having priority;
e. any creditor of the Decedent;
f. any person of good character residing in the county who applies for Letters; then
g. any other person of good character who is not disqualified to serve as personal
representative under N.C.G.S. § 28A-4- 2.

Who Cannot Be Named an Executor of a Will

There are some circumstances when the person named in the Will as the Executor or the person listed above is not authorized to serve as a matter of law. Specifically, N.C.G.S § 28A-4- 2 sets forth a list of persons who would not be able to qualify as a personal representative. No person is qualified to serve as personal representative who:


1. Is under 18 years of age;
2. Has been adjudged incompetent in a formal proceeding and remains under such
disability;
3. Is a convicted felon and whose citizenship has not been restored;
4. Is a nonresident of North Carolina and has not appointed a resident process agent;
5. Is a corporation not authorized to act as a personal representative in North Carolina;
6. Has lost that person’s rights as provided by N.C.G.S. §31A;
7. Is illiterate;
8. Is a person that the Clerk of Court finds otherwise unsuitable; or
9. Is a person who has renounced their right.

Estate Planning Attorneys Can Help Name Executors of Wills

Administering an Estate can involve a significant amount of work. Individuals named as an Executor in a Will should seek legal counsel prior to attempting to qualify. A meeting with an attorney who routinely practices estate administration will assist a named Executor in understanding, prior to qualification, what type of administration will be necessary and the steps required to complete the administration of the Estate. If you have any questions about estate administration or need help naming an Executor to your will, we would be glad to help. Just give us a call at (910) 815-0085 to set up a consultation with our expert Estate Planning attorneys here in Wilmington, NC.

An Easement Crosses My Property – What Are My Responsibilities?

Robert Frost knows that “good fences make good neighbors.” If anything makes a bad neighbor, other than a bad fence, it is a bad easement. Easements can be a significant source of contention among neighbors, causing ill will, hostility, and sometimes costly litigation. Among the issues that may arise between the dominant estate holder (the person whose property is benefited by the easement) and the servient estate holder (the person whose property is burdened by the easement) are questions regarding who must maintain the easement area, what activities are allowed under the easement, and how to enforce each party’s rights under the easement.

Responsibility to Maintain the Easement

The North Carolina Supreme Court has held that the dominant estate holder is responsible for maintaining the easement area. Green v. Duke Power Co., 305 N.C. 603 (N.C. 1982). Unless language in the easement provides otherwise, the servient estate holder has no obligation to maintain the easement area. Id. As a result, "if the character of the easement is such that a failure to keep it in repair will result in injury to the servient estate or to third persons, the owner of the easement will be liable in damages for the injury so caused." Id.

Overburdening the Easement

To determine whether the dominant estate holder is exceeding the rights under the easement, the servient estate holder should look first to the language granting the easement. If the language is unclear (as often will be the case when a dispute arises), then the analysis may turn to the intent of the parties who created the easement. It therefore may be necessary to evaluate the circumstances that existed at the time the easement was created. Depending on the language of the easement and the circumstances existing at the time the easement was created, uses not expressly allowed could be found to be in violation of the servient estate holder’s rights. See Swaim v. Simpson, 120 N.C. App. 863, 463 S.E.2d 785 (1995) and Moore v. Leveris, 128 N.C. App, 276, 495 S.E.2d 153 (1998). In other cases, the seemingly expanded use may be deemed permissible. See Chestnut Branch, LLC v. Public Interest Projects, Inc. (COA04-1406, 2006 N.C. App.). In any case, determining the dominant or servient estate holder’s rights under the easement will require a careful review of the granting language, the surrounding circumstances, and the relevant case law.

Enforcement of Easement Rights

What do you do if the easement holder is overburdening or failing to maintain the easement? A court can issue a mandatory injunction, requiring the easement holder to take certain action (such as maintaining the easement by clearing the easement area), or a prohibitory injunction, requiring the easement holder to refrain from certain action (such as using a utility easement for vehicular access). The same remedies may be available to the dominant estate holder if the servient estate holder is obstructing access to the easement. Obtaining a mandatory or prohibitory injunction against another party requires filing a complaint in the county in which the property is located and holding a hearing before a superior court judge. At the hearing, the judge has the option to impose damages in favor of the aggrieved party. The damages could be calculated to cover compensation for injuries suffered as a result of the violation or the difference in value of the easement before and after the violation.

Continuing Care Retirement Communities (CCRC’s), also known as Life Care Centers, are becoming more and more popular as a housing option for seniors. Carolina Bay at Autumn Hall, Brightmore of Wilmington, and Plantation Village are all CCRC’s located here in Wilmington.  Each facility offers the promise of an active, social, and stimulating lifestyle with all of the necessary medical care and the security of knowing that you will not have to move again as your level of care increases.

A properly qualified and experienced Elder Law Attorney may be an important part of the admissions process. A CCRC contract is extremely complex and the decision to move from your home into a CCRC is not only a difficult and important life choice, it is also a difficult and important financial choice. And as with any important financial relationship, your role as a resident and the CCRC is controlled by a contract. A qualified and experienced Elder Law Attorney may be a very important part of the team when the decision is made to move to a CCRC.  The Elder Law Attorney can assist you in contract negotiations and can explain the contract so you understand your rights and responsibilities.  Most importantly, a good Elder Law attorney can help make sure that the contract meets your needs and North Carolina statutory requirements.

CCRC’s, often in exchange for a significant fee,  may provide a full spectrum of care – from independent living, to assisted living, to skilled nursing care.  Initially the CCRC may accept only people that are healthy and are able to live independently. However, once you are admitted, you are assured that you will have care that meets your needs for the rest of your life and that you will not have to move again.  A good Elder Law Attorney can help you understand who decides when you move to the next level of care (from independent living to assisted living, for example) and what criteria is used.  You should ask the CCRC what happens if your spouse requires a different level of care than you do.  Does the contract allow you to stay with your spouse or must you live separately in different levels of care?  

 

Here are some other very important questions that a qualified elder law attorney can answer after reviewing a CCRC contract:

  1. What are the payment terms of the contract? CCRC’s offer different types of contracts (from a one payment for all services model to fee for service model to a rental agreement) and each one has pluses and minuses and different payment terms.

  2. Who owns the living space?  You, the CCRC, or someone else?

     

  3. As mentioned above, how are decisions made to move residents from one level of care to the next? Often one spouse may require a different level of care than another.  Does this mean one spouse must continue to reside in independent living while another spouse moves to the assisted level of care?

     

  4. When does a resident need to supplement services with paid care?

     

  5. What happens if a resident runs out of money?

     

  6. What happens if the CCRC runs out of money/goes bankrupt?

     

  7. Is the CCRC Medicare/Medicaid certified?

     

  8. Is long-term care insurance still required when you move into a CCRC?

     

  9. What is the financial status of the CCRC?

     

  10. What happens to your funds held by the CCRC when you pass away?

     

  11. How does a resident qualify for a refund?

     

  12. Is there an arbitration provision in the CCRC contract?

  13. If you decide to move out, what does the CCRC contract require?

 

Another good resource for CCRC’s is CARF International. CARF is one of the few organizations that accredit CCRC's.  Likewise, in North Carolina the Department of Insurance puts out a reference guide to CCRC’s that is very useful.

Making the decision to move into a CCRC involves a lengthy contract, a significant amount of research, and a hefty financial commitment. A good Elder Law Attorney can help you ask the right questions and get the right answers before making the decision to move into a CCRC.

The New York Times recently published an article concerning financial abuse of the elderly.  The article provides several disturbing scenarios concerning financial exploitation of the elderly and points out warning signs that are often missed. Links from the Consumer Financial Protection Bureau to help spot financial exploitation before it happens are also included in the article.

What the article does not include, however, is whether or not concerned relatives should consult with an attorney regarding financial exploitation of an elderly family member. A qualified Elder Law Attorney may assist in helping to prevent financial exploitation before it happens.  A good Elder Law Attorney may also aid in recovery of funds in the event financial exploitation has occurred.

It is self-evident that the best way to avoid financial exploitation is to stop it before it starts. To that end, consulting with a qualified Elder Law Attorney can be valuable and cost effective. A good Elder Law Attorney can discuss strategies to avoid financial exploitation (Trusts, correct titling of bank accounts and brokerage accounts, proper role and use of a power of attorney, correct disclosures, etc.) and can also properly advise parents and children regarding their roles, rights, and responsibilities. For example, preventing financial exploitation may be as simple as explaining the nature of a fiduciary relationship to a son or daughter and making sure the child understands they must act in their parent’s best interest instead of their own interest.   A son holding a Power of Attorney for a mother generally cannot use the mother’s assets to pay for his expenses.  A discussion with family members on the issue of separate fiduciary accounts to ensure that a parent’s funds are not used for a child’s expenses may also be helpful.

Likewise, a fiduciary must prove they have done their job correctly (this is a shift from the usual burden of proof that requires a plaintiff to show that the defendant has done something wrong). This also
means that a fiduciary must keep accurate records and must always act for the benefit of the party whose funds they are managing. Meeting with an attorney and having the attorney advise all of the family
members of each party’s proper role, including the correct recordkeeping and appropriate disclosures, may prevent financial exploitation before it happens. In other words, an ounce of prevention is worth a pound of cure.

Similarly, an attorney may give timely advice regarding filing a civil lawsuit in order to recover assets that have been taken. Too often, someone who has been exploited moves too slowly or too late and may not be able to recover any of their assets in a lawsuit.. A fiduciary (someone who has a power of attorney or a Trustee) exploiting the older person may have spent all of the money that they have taken and it may appear impossible to recover any assets. Consulting with an attorney may increase the chances of not only getting a judgment against a thieving fiduciary or caregiver, but also collecting on that judgment. Bank accounts can be frozen, real property may be liened, and sums may be recovered if the attorney is able to move quickly once the exploitation has been discovered.

Financial exploitation is becoming more and more prevalent as America ages. Consulting with an attorney may not only prevent the exploitation before it occurs, but may also increase the chances of recovery in the event an elderly parent has been exploited by a fiduciary, power of attorney, caregiver, family member, trustee, or predator.

Just over one in every eight Americans age 40 to 60 is both raising a child and caring for a parent. It is estimated that between 7,000,000 to 10,000,000 adults are caring for their aging parents from a long distance. The Sandwich Generation is the generation of adults caring for both a child and an aging parent.

Carol Abaya categorizes the different scenarios involved in being a part of the sandwich generation: (1) Traditional: those sandwiched between the aging parents who need care and/or help and their own children; (2) Club sandwich: those in their 50s or 60s sandwiched between aging parents, adult children and grandchildren, or those in their 30s and 40s, with young children, aging parents and grandparents; and (3) Open faced: anyone else involved in eldercare.

However you are sandwiched, when your parents were younger they probably functioned well enough as a team and did not need your assistance to live their lives.  But as your parents get older and cope with the death of a spouse, (statistics indicate it is usually the husband who passes away first) your relationship changes and living alone may be very traumatic for your mom, the surviving wife.  She not only has lost a lifelong partner, but she also must develop new routines around the house and a different way of interacting with family and friends.  A son or daughter’s visit to a recently widowed parent, particularly when the son or daughter has their own children, can be very difficult.  Below is a checklist to guide you and your newly solo Mom (or Dad) to determine if assistance may be needed to assist Mom who is now living alone:

1. Is it safe for your aging parent to drive? Take a ride with your Mom or Dad and let them drive. Can they drive safely?  Can they find their way to the new restaurant that they heard about from their friends?  Does the car have any unexplained dents or scratches?  This is a very delicate and difficult subject because the loss of the ability to drive is associated with a loss of independence. If you feel that it is no longer safe for your parent to drive and you believe your Mom or Dad will resent you for even introducing the subject, have their physician discuss the issue. Their Doctor should be able to give medical reasons why it is unsafe for them to continue driving.  Discuss with your Mom or Dad  alternative transportation arrangements that may be used if Mom or Dad stop driving.

2. Is the mail piling up? If the mail is piling up, then it may be because your Mom can no longer understand what the mail says or how to pay the bills.  In addition to the obvious risk of the lights being turned off, there is also the risk of financial exploitation by third parties.  Gently review the financial records with your aging parent not by asking them if they need help, but by asking them to show you what bills need to be paid and how they should be paid in the event something does happen and they require assistance.  Remember that Mom has a right to refuse your assistance and access to her bills and financial information. Explain to Mom or Dad that you only wish to discuss their bills and finances to have a better understanding if you ever need to assist in the future.

3. Are prescriptions being taken as needed and in the correct dose? Check medications to see how often they are being refilled.  Ask your Mom what medication she takes, how often, and why? Make sure to confirm with her Doctor that she has answered appropriately. Note you will need your parent’s permission or a Health Care Power of Attorney to authorize the release of medical information to you.

4. Is the house being maintained? Is the house set up to prevent falls?  Is a discolored ceiling a sign of a water leak?  Is a formerly spotless house now messy?  Has the grass been cut?  Are carpets loose or are their other tripping hazards in the home?  Lack of maintenance may indicate a lack of ability to properly maintain the home.  Falls are a significant risk for the elderly and you should carefully examine the property for any tripping hazards.

5. Is your Mom eating right? Ask your parent about meals and what he or she cooks. Is the food in the refrigerator stale or expired?  Is it full of TV dinners or repeats of the same item?  If it is, then your Mom may not be eating right or forgetting what she has already purchased.  Meals may need to be delivered to the home or you may need to make other arrangements for appropriate nutrition.

We are “sandwiched” between our own lives and children and wanting what is best for Mom or Dad. Using this checklist should help indicate when in home assistance may be required if Mom wishes to continue to live in her home or, in the alternative, that living at home may not be the best arrangement.

Remember that as long as Mom has the capacity to make her own decisions, she may continue to make her own decisions regarding her finances and health care without consulting with family or friends. If you are concerned about Mom’s ability to make her own decisions, it may be helpful to speak with qualified Elder Law attorneys who may be able to assist your Mom and her family meet the changing circumstances.

As our clients age and start planning for their long term care, clients may and their families should research local Assisted Living, Memory Care, and/or Skilled Nursing Facilities before making any decisions. Certainly we encourage and assist our clients to stay in their homes as long as they wish and as long as they can get the care they need. Nonetheless, often an Assisted Living facility may be the next best step.

 

When choosing a facility, we advise our clients to take into account their resources and their health care needs. Some clients may only need Assisted Living care while others may need Skilled Nursing care. Keep in mind that the level of care required may change as the resident ages. Likewise a resident’s ability to pay may change over time. Some clients receive enough monthly income and have enough available resources to pay privately for a facility, while other clients may need to apply for Special Assistance or Medicaid Benefits.

 

In addition, we recommend that our Elder Law clients carefully review the admission agreements and financial stability of a facility before making a deposit or signing any documents. Important provisions include cost increases, possible tax deductions of long term care payments, who decides what level of care is required, what happens if spouses need different levels of care, what happens if a resident runs out of funds, what happens to any deposits in the event of a death, etc.

 

Below is a chart that may be useful in locating local Assisted Living, Memory Care, and Skilled Nursing Facilities in New Hanover County and surrounding counties. This list also indicates if the facility accepts Special Assistance or Medicaid payments. Special Assistance is a public benefit that provides payment for care in an Assisted Living facility or Memory Care facility for those who meet the eligibility requirements. Medicaid is a public benefit that provides payment for care in a Skilled Nursing facility for those who meet the eligibility requirements. Please note when referring to the below chart that the list is non exhaustive as some facilities did not wish to be included or did not respond to requests for information.

 

Craige & Fox, PLLC does not endorse any of the below facilities, but simply provides this list as a reference. We encourage you to visit the North Carolina Department of Health and Human Services website which provides facility inspections, ratings and penalties for Assisted Living, Memory Care and Skilled Nursing Facilities in the state of North Carolina when searching for a facility for you or a loved one. And of course there is no substitute for an on-site visit to make a determination of how a facility takes care of its residents.

 

Facility

Type of Facility

Special Assistance Accepted (when beds are available)

Medicaid Accepted (when beds are available)

Ashe Gardens

300 West Ashe St.

Burgaw, NC 28425

910-259-8070

http://www.meridiansenior.com/community

Memory Care

No

Yes

Autumn Care Nursing and Rehab Center of Shallotte

237 Mulberry Street
PO Box 2337
Shallotte, NC 28459

910-754-8858

Skilled Nursing and Rehab

No

Yes

Autumn Care of Myrtle Grove

5725 Carolina Beach Road
Wilmington, NC 28412

910-792-1455

http://www.autumncorp.com/locations.aspx?facid=13

Assisted  Living and

Skilled Nursing

No

Yes

Azalea Health and Rehabilitation Center

3800 Independence Blvd.
Wilmington, NC 28412

910-392-3110

http://azaleahealth.org/

Skilled Nursing

And Rehab

No

Yes

Brunswick Cove Nursing Center

1478 River Road, Hwy. 133 S.
PO Box 916
Winnabow, NC 28479

910-371-9894

http://www.brunswickcove.com/contact.html

Assisted Living and

Skilled Nursing

Yes

Yes

Carillon Assisted Living

1125 East Leonard Street

Southport, NC 28461

910-454-4001

http://www.carillonassistedliving.com/

Assisted Living and

Memory Care

Yes

Yes

Cedar Cove Assisted Living

420 Jasmine Cove Way

PO Box 15027

Wilmington, NC 28408

910-397-7812

Assisted Living and

Memory Care

Yes

Yes

Champions Assisted Living at the Davis Community

1007 Porter’s Neck Road

Wilmington, NC 28411

910-686-6462

http://www.thedaviscommunity.org/

Assisted Living

Yes

No

Clare Bridge of Wilmington

3501 Converse Drive

Wilmington, NC 28403

910-790-8664

https://www.brookdale.com/communities/clare-bridge-of-wilmington/?_vsrefdom=national-locations/&gclid=CNr6hbPFv8UCFcIdgQod07IAKg

Assisted Living and Memory Care

No

No

Cypress Pointe Rehabilitation Center

2006 S. 16th Street

Wilmington, NC 28401

910-763-6271

Skilled Nursing

No

Yes

Dosher Memorial Hospital Extended Care

924 N. Howe Street
Southport, NC 28461

910-454-4607 or 457-7696

http://www.dosher.org/getpage.php?name=index

Skilled Nursing

No

Yes

Health Care Center at The Davis Community

1011 Porter's Neck Road
Wilmington, NC 28411

910-686-7195

http://www.thedaviscommunity.org/

Skilled Nursing and

Memory Care

Yes

Yes

Hermitage House

4724 Castle Hayne Road

Castle Hayne, NC 28429

910-675-2988

http://www.meridiansenior.com/community/hermitagehouse

Memory Care

Yes

Yes

Huntington Health Care and Retirement Center

311 S. Campbell Street
Burgaw, NC 28425

910-259-6007

http://huntingtonhc.com/

Assisted Living and

Skilled Nursing

Yes

Yes

Karon's Family Care Home

570 Oak Tree Road
Willard, NC 28478

910-285-3246

Assisted Living

Yes

No

Liberty Commons Nursing & Rehab Center

121 Racine Drive
Wilmington, NC 28403

910-452-4070

http://www.libertyhealthcareandrehab.com/libertycommons/

Skilled Nursing and Rehab

No

Yes

Liberty Hill Family Care

1874 Farmers Union Road
Clarkton, NC 28433

910-647-0216

This email address is being protected from spambots. You need JavaScript enabled to view it.

Assisted Living

No

No

Mt. Olive Family Care

Route #1, Box 204-C
2583 Red Stone Road
Whiteville, NC 28472

910-628-7755

Assisted Living

Yes

No

New Hanover House

3915 Stedwick Court
Wilmington, NC 28412

910-632-2671

http://www.meridiansenior.com/community/

Assisted Living and

Memory  Care

Yes

Yes

Northchase Nursing & Rehab

3015 Enterprise Drive
Wilmington, NC 28405

910-791-3451

Skilled Nursing and Rehab

No

Yes

Pacifica Senior Living

2744 S. 17th Street
Wilmington, NC 28412

910-452-1114

http://www.pacificawilmington.com/

Assisted Living and

Memory Care

Yes

Yes

Pender Memorial Hospital - Extended Care

Skilled Nursing Unit

507 E. Fremont St.
Burgaw, NC 28425

910-259-5451

Skilled Nursing

No

Yes

PenDu Rest Home

685 North Carolina Hwy. 50
Wallace, NC 28466

910-259-4469

Assisted Living

Yes

No

Premier Living Inc.

106 Cameron Street
PO Box 196
Lake Waccamaw, NC 28450

910-646-3132

Skilled Nursing

No

Yes

Shallotte Assisted Living

PO Box 1559
424 Mulberry
Shallotte, NC 28459

910-754-6621

http://www.shallotteassisted.com/

Assisted Living

Yes

No

Sherwood Manor Rest Home

1605 Robinhood Rd.
Wilmington, NC 28401

910-762-9531

Assisted  Living

Yes

No

Silver Stream Nursing & Rehab. Center

2305 Silver Stream Drive
Wilmington, NC 28401

(910) 362-3621

http://www.savaseniorcare.com/

Skilled Nursing and Rehab

No

Yes

Spring Arbor of Wilmington

809 John D. Barry Drive
Wilmington, NC 28412

910-799-4999

http://springarborliving.com/locations/wilmington-nc.htm

Assisted Living and

Memory Care

Yes

Yes

The Commons at Brightmore

2320 41st Street
Wilmington, NC 28403

910-392-6899

http://www.brightmoreofwilmington.com/lifestyle-choices/memory-care/

Skilled Nursing and Memory Care

No

No

The Kempton at Brightmore

2298 41st Street
Wilmington, NC 28403

910-332-6899

http://www.brightmoreofwilmington.com/lifestyle-choices/assisted-living/

Assisted Living

No

No

Trinity Grove of Wilmington

631 Junction Creek Drive
Wilmington, NC 28412

Phone  910-442-3000

http://trinitygrove.net/

Skilled Nursing and

Memory Care

No

Yes

Wilmington Health & Rehab

820 Wellington Ave.
Wilmington, NC 28401

910-343-0425

Assisted Living and

Skilled Nursing

No

Yes

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Wilmington, NC 28401
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