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.

Client Successes

  • Assisted in reforming a $2.5M 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
  • Obtained guardianship on behalf of an international client to protect a family member who was living alone with dementia
  • 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.

Community Involvement

In the community, Andrew serves as:

  • North Carolina Bar Association, Elder and Special Needs Law Section, Legislative Co-Chair and Past Chair
  • North Carolina Chapter of the National Academy of Elder Law Attorneys, Board of Directors
  • Community Foundation of Western North Carolina, Professional Advisory Committee
  • Eliada Homes, Inc., Board of Directors
  • Asheville Creative Arts, Board Chair
  • Land of Sky Estate Planning Council
  • Memory Care, Inc., Board of Directors


North Carolina (2002)

Kentucky (2000)

U.S. District Court for the Middle District of North Carolina


Northern Kentucky University (J.D., 2000)

Western Kentucky University (B.S. Business Economics, 1996)


Best Lawyers in America, Elder Law (2018 - 2020)

Super Lawyers®, Elder Law (2018 - 2020)