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Albemarle Tradewinds February 2020 Web Final

February edition of the Tradewinds now online

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What Can I Do?<br />

by: Stella Knight<br />

Question: My widowed aunt lives alone in another city.<br />

She is in fairly good health, but I feel she may be an<br />

easy target for unscrupulous individuals. Recently, I<br />

learned that Aunt Penny withdrew a large sum of money<br />

to “help a friend.” Apparently, as my aunt’s neighbor<br />

tells me, this “friend” is a woman who works at the<br />

beauty salon where my aunt gets her hair done. The<br />

friend had fallen behind on her car payments and was in<br />

danger of losing her car. Aunt Penny has always been<br />

a kind-hearted woman, but I’m afraid this woman took<br />

advantage of her. I learned that last week the friend borrowed<br />

some additional funds – apparently, she needed<br />

the money to pay for her child’s summer camp. If this<br />

continues, Aunt Penny may not have sufficient funds to<br />

take care of herself. Plus, I doubt this friend intends on<br />

repaying my aunt the money she borrowed. How can I<br />

protect my Aunt Penny?<br />

Concerned Nephew<br />

Answer: You have good reason to be concerned. Kindhearted<br />

individuals, regardless of their age, are always<br />

easy targets for the unscrupulous. However, several<br />

things concern me with regard to your aunt’s situation.<br />

First, assuming this “friend” is legitimately in need of the<br />

money, your aunt should have her sign a promissory<br />

note. This promissory note to your Aunt Penny should<br />

outline the amount borrowed and the terms of payment<br />

(amount of payment, date of payment, interest rate and<br />

when the debt will be paid in full). If possible, this note<br />

should be secured. It’s not too late to try to get something<br />

in writing.<br />

Second, do you believe your Aunt Penny is competent?<br />

If so, opening the lines of communication and discussing<br />

a durable power of attorney or a revocable trust would<br />

Second Amendment News<br />

by:Ben Barnhill<br />

be a viable option. These legal documents enable your<br />

aunt to appoint you (or another family member or a professional<br />

individual) to manage her financial affairs. By<br />

“turning over the financial reigns” to someone else, your<br />

aunt will no longer have daily control over her finances.<br />

This alternative may make it more difficult, if not impossible,<br />

for individuals to borrow money from her.<br />

If your aunt could truthfully say she doesn’t control her<br />

finances, the pressure would be taken off her to deal<br />

with similar situations in the future.<br />

If you believe your Aunt Penny is losing her mental faculties<br />

and is no longer competent to make her financial<br />

decisions, you may have to seek court intervention – a<br />

guardianship. General Guardianship means that you<br />

petition the Court to have your aunt declared judicially<br />

incompetent. Thereafter, you (or another individual)<br />

would be appointed guardian. A general guardian is a<br />

court-appointed fiduciary to manage your Aunt Penny’s<br />

financial and medical decisions. You may think this is an<br />

intrusive step to take. If you aunt is incompetent, your<br />

options are limited.<br />

Remember that implementing either of these suggestions<br />

is for your aunt’s protection. As her nephew, you<br />

have a moral responsibility to protect your aunt from<br />

herself and unscrupulous individuals. Many times, older<br />

people are “easy target” for scams – whether it’s instant<br />

sweepstakes, telemarketers, repairmen or “friends.” It’s<br />

our moral responsibility to protect those that are vulnerable.<br />

It’s not easy, and you may experience some resentment<br />

from your aunt for “meddling in her affairs.” On the<br />

other hand, Aunt Penny may be grateful to you for taking<br />

the time and the interest in her.<br />

Stella Knight<br />

Attorney<br />

Estate Planning & Elder Law<br />

Wills and Trusts<br />

Power of Attorney & Living Wills<br />

Asset Protection<br />

Guardianships for Adults & Children<br />

Probate<br />

Licensed in North Carolina<br />

751 Body Rd, Hertford NC 27944<br />

(252)264-3600<br />

Home Visits Available<br />

Ask us about<br />

Proximity Marketing<br />

Call Scott 252-312-2302<br />

Step Up --- Take a Stand<br />

As I write this, it strikes me as ironic. I never thought<br />

I would find myself, once again, taking a stand in<br />

defense of our natural rights to self defense as codified<br />

in the second amendment to the US Constitution.<br />

Yet, here I am.<br />

I have spent my life in the service of our great nation and<br />

the Republic that governs us. I served 34 years as a US<br />

Army officer with most of it spent in Army Special Forces<br />

and other areas of the Special Operations Community.<br />

Every soldier takes an oath to protect and defend the<br />

Constitution of the United States against all enemies<br />

foreign and domestic as did I.<br />

Now retired, I am greatly concerned when I see well-funded<br />

organizations undermining the basic freedoms granted<br />

by God as natural law and enshrined in our Constitution.<br />

We saw the effects of their subversion in Virginia with<br />

the election of an anti-gun legislature and rapid passage<br />

of draconian laws that with a stroke of a pen turn 10’s of<br />

thousands of Virginians into instant felons.<br />

That gives me great concern that this could happen in<br />

North Carolina. There is hope though in that Virginia has<br />

joined a grass roots movement declaring 2nd Amendment<br />

Sanctuary Counties. This was done with great success.<br />

Now I see this movement take root in North Carolina.<br />

There are over 40 counties who have proclaimed sanctuary<br />

status or are considering it and the numbers increase<br />

daily. Pasquotank County will consider such a resolution<br />

on 3 <strong>February</strong> <strong>2020</strong>. We shall see what the outcome<br />

brings.<br />

It’s my fervent hope that we join with other counties sending<br />

a bold message to Raleigh that we will not support<br />

sweeping anti-freedom gun laws envisioned by those<br />

who would take our freedoms away.<br />

30 <strong>Albemarle</strong> <strong>Tradewinds</strong> <strong>February</strong> <strong>2020</strong> albemarletradewinds.com

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