Andrew D. Atherton

Andrew works with families to develop a personal estate plan and navigate the complexities of government programs like Veterans Administration Benefits, Medicare, Medicaid and Supplemental Security Income (SSI). After meeting and listening to your individual situation, Andrew will build a plan to address taxation concerns, paying for medical and long-term care costs, supporting loved ones with disabilities and probate. He will work with you to accomplish your goals through the use of powers of attorney, guardianship, revocable trusts, irrevocable trusts, and Special Needs Trusts. Andrew will use the extensive knowledge gained as the legislative co-chair and past chair of the North Carolina Bar Association Elder and Special Needs Law Section, to advise you on the most recent developments in government programs as part of any plan. His personal demeanor, compassion and up to date knowledge make him particularly adept at providing families with comfort and clear direction.


  • Assisted in reforming a $2.5M special needs trust not compliant with SSI regulations, allowing it to enhance the disabled client’s quality of life and independence without the burden of medical expenses.
  • Can help you develop a personal estate plan to reduce probate costs, reduce estate tax, obtain benefits and protect assets.
  • Drafted and advocated for legislation in the North Carolina Legislature during the 2013, 2015 and 2017 sessions to protect the rights of seniors in the medicaid estate recovery program, implement the NC Able Act, and assure due process in guardianship hearings.
  • Drafted 2020 COVID pandemic response legislation.
  • Assisted injured clients with special needs trust to protect personal property and workers compensation settlement proceeds.


Northern Kentucky University (J.D., 2000)
Western Kentucky University (B.S. Business Economics, 1996)


North Carolina (2002)
Kentucky (2000)
U.S. District Court for the Middle District of North Carolina


In the community, Andrew serves as:

  • North Carolina Bar Association, Elder and Special Needs Law Section, Legislative Co-Chair and Past Chair
  • Asheville Community Theatre, Board of Directors, Vice-President
  • MemoryCare, Inc., Former President Board of Directors


Best Lawyers in America®, Elder Law (2018 – 2024)

Super Lawyers®, Elder Law (2018 – 2024)

Business North Carolina Magazine Legal Elite, Tax and Estate Planning (2023)

Get Smart Legal Today.