Jack T. Carney
Carney Law, LLC
The focus of my law practice is helping people develop a thoughtful estate plan to better protect their loved ones in the event of death or disability. I want to use my knowledge and experience to help families avoid problems and disputes during normal life transitions. I also handle a variety of probate and trust matters, including estate administrations, guardianships and conservatorships.
General business planning is usually a part of estate planning for business owners. I often help clients get their business house in order during the estate planning process, ensuring that the proper documents are in place to ensure a smooth operation and eventual succession.
I have a particular passion for special needs planning, which is estate planning for the benefit of someone who is developmentally disabled or who may be receiving needs-based government assistance. Special needs planning can greatly enhance such an individual’s life. It is also necessary to be even more deliberate and thoughtful in a special needs plan, as we are providing for someone who will likely never be able to care for themselves.
- Elder Law
- Estate Planning
- Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
- Probate
- Probate Administration, Probate Litigation, Will Contests
- Special Needs Planning
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Free Consultation
We are willing to provide a no-obligation consultation for estate planning services. We are unable to provide a fee quote until after we learn about a client's situation. If the client decides to engage us, the initial meeting is included in the total cost. - Credit Cards Accepted
- Alabama
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- English
- Attorney
- Sirote & Permutt, P.C.
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- Tulane University School of Law
- J.D
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- Pro Bono Service Certificate of Appreciation
- Alabama Access to Justice Commission
- In recognition of providing 50 or more hours of pro bono service to low income residents in Alabama
- L. Burton Barnes, III Award for Public Service
- Birmingham Bar Association
- Birmingham Bar Association
- Member
- - Current
- Activities: Member of the Small Firm/Solo Section
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- Certified Elder Law Attorney (CELA)
- National Elder Law Foundation
- Website
- Website
- Q. Need guardianship and conservatorship advice for mother with dementia in Alabama.
- A: It sounds like a difficult situation. If you have a durable power of attorney for your mother, you should be able to handle the sale of the home and managing all of her financial matters without court involvement. A guardianship/conservatorship can be a lengthy and costly court proceeding. It at all possible, seek to avoid it. If your mother has any legal capacity, she may be able to still sign a power of attorney. If not, then court action is your only option to sell the property. If the house is in her name, only your mother or her duly authorized legal representative (agent under a power of attorney or convervator) can sell the home for her. Hope this helps and at least gets you started ... Read More
- Q. How to obtain a letter of testamentary in Alabama for property and bank access?
- A: I am really sorry for your loss. Your best bet is to contact an attorney. They should bill your hourly for the services and if the Will is well drafted, it should be fairly easy. James Griffin is a great lawyer and I would highly recommend him!
- Q. Is there a way around Medicare’s five year look back policy?
- A: I cannot give you a specific recommendation, as these types of elder law matters are highly fact specific. However, you might want to look into the caregiver child exemption. Normally you cannot transfer the home within 5 years of the application for Medicaid benefits or it will result in a transfer penalty. However, if a child resided in the home with the person needing care for two years AND that child provided care that kept the person out of a nursing home, Alabama Medicaid allows the home to pass to the child without penalty.
There are other exceptions to the transfer penalty rules. Another example is the disabled child exemption. If a child is "disabled," then the person ... Read More
