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Vance Tate Davis

Vance Davis’s Answers

2,939 total


  • How do I get power of attorney and do I have an fraud claim against my aunt?

    I'm taking care of my grandma who has dementia. My aunt will not turn over the power of attorney to me so I can get the proper medical care in my home. My aunt still holds the check book and I learned that she now has a quick claim deed on my gra...

    Vance’s Answer

    I would suggest using the "find a lawyer" tab here on Avvo to search for an experienced local Elder Law (or perhaps guardianshIp) attorney and schedule a consultation. Take a copy of the deed, POA and any other relevant documents with you to the consultation. An action seeking a conservatorship and/or a suit to set aside the deed will both have significant pros/cons that need to be carefully considered. One of the potential ramifications could be that grandmother's house ends up becoming subject to a Bureau of TennCare estate recovery claim at some future point, with nobody in the family owning it. That's just one of the many items that need careful and deliberate consideration in choosing what to do here.

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  • Do I have to show Social Services her bank information

    I'm the POA for my mother but the hospital report to Social Service that my sister is taking her mom do I have to do Social Services her bank statements

    Vance’s Answer

    Your question is a bit unclear. You would have a duty to provide your mother with an accounting of the transactions and if someone else has been appointed as mother's legal representative, then you'd have to share the information with that person as well. In regards to DSS, probably won't be helpful to refuse to cooperate. If you are potentially the target of an investigation by APS then you should work on consulting and hiring a lawyer to protect your interests right away. I state this because you have marked APS as a topic under this posting. DSS would also require financial records if mother is seeking assistance with paying for nursing home or assisted living care.

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  • Can he transfer his pension and Social Security Benefits into a trust qualify for Medicaid? What about his homestead Condo?

    My mother and step father live in Florida. My step father is in need of full time nursing home care. Currently, he does not qualify for Medicaid to pay for the long term care. The nursing home stated we should create a trust and transfer his 2 ...

    Vance’s Answer

    As Mr. Naples indicated, best to consult with an experienced local Elder Law attorney. You can use the "find a lawyer" tab here on Avvo to start searching for one. A QIT is not a "do it yourself" project.

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  • Will I still be able to collect my social security and s.s.i. medicaid, food stamp, medicarebenefits now that I have a felony 6?

    recently I pleaded guilty to a charge that I think they still classified it wrong, and I primarily did it cause I wanted to save my life outside of jail. my job, my apt. my things in storage, my federal govt benefits. my car. I lost my job and was...

    Vance’s Answer

    I agree with the prior response on SSI (benefits available unless you are a "fleeing felon" or incarcerated for 30 or more days). SNAP and TANF benefits could be affected, depending on the nature of the felony conviction. Here's a link to more information: http://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2015/07/30/states-rethink-restrictions-on-food-stamps-welfare-for-drug-felons
    A "Work Opportunity Tax Credit" may be available for employers hiring someone with a felony conviction so that's something you might want to investigate with your local unemployment office.

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  • What do we need to now in order to guarantee Mom qualifies for Medicaid in the future?

    Hello, I would like some help with a general overview of elder law. My mom lives in Texas, but I live in Nevada. She is only 72 years old, but she is dealing with cancer and diabetes now. I worry about her future and do not want to wait un...

    Vance’s Answer

    I agree with the prior responses and it is particularly important to consult an attorney in the state where mother would be seeking benefits since there are some differences between the states and how they implement specific regulations. For a general overview, you might want to look at elderlawanswers.com. That will not, however, be a substitute for getting professional advice tailored to your mother's specific situation and this can be a highly complex topic. A lot of people, including lawyers who lack familiarity with Medicaid regulations, make big mistakes in planning, so the best thing to do would be to use the "find a lawyer" tab here on Avvo to search for a competent Elder Law attorney in the area where mother resides.

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  • Who is responsible for obtaining and paying for my medical records: the DDS adjudicator or my non-attorney representative?

    I hired a non-attorney advocate to handle my social security disability claim. I'm concerned about their due diligence in providing DDS with my pertinent medical records.

    Vance’s Answer

    If you want to win your claim, then consider yourself responsible for obtaining the medical records. DDS will often do a pretty good job of obtaining the records that you, through the information you provide on the application and disability appeal report, and those records won't cost you anything...but the key is being thorough with providing information. You need to be tracking where records might be and working together with your representative to make sure those are obtained and submitted into the claims record. Whatever is obtained by your representative will, almost always, cost you. In some situations, medical providers MIGHT provide you with copies of your records free of charge, which helps reduce your expenses. But the biggest thing you can and should be doing is tracking where you receive treatment and making sure they are obtained by DDS or by you, working with your representative. I'll add that it is good idea to review the claims file before hauling off and ordering a ton of records. Obtaining records can be expensive and there's no need to obtain the same documents that DDS already has requested, unless that request does not get fulfilled. I agree with the prior comments about choosing a non-attorney advocate, though I think much depends on the individual advocate (and the firm he/she works with) as there are some who are very skilled at their work. Since you are concerned about the records, I'd suggest a discussion with your rep about what is currently showing up in the file.

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  • How do I go about putting the house in my name? Also, after I pass away will my wife be able to keep the house?

    I just recently won my house from Medicaid because I am a disabled child.

    Vance’s Answer

    I am assuming that you were able to get Medicaid/TennCare to agree that there should not be an estate recovery action against the home due to your status as a disabled child of a person who used Medicaid benefits and was eventually found not subject to Medicaid estate recovery. You will want to consult with a local probate attorney most likely to get the home showing up in your name rather than your deceased parent's name and discuss the best mechanism for having your wife inherit the home in the future after you pass. I should point out that you could likely be taking a non-marital property and could be converting it into marital property (subject to division in the event of a divorce), depending on how you choose to structure this transaction so I strongly urge you to first discuss all of the relevant facts with a local attorney before you do anything. You can use the "find a lawyer" tab here on Avvo to find an appropriate local probate attorney/real property attorney for a consultation.

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  • Can my friend get reimbursement for the money that was taken from his SS benefits for a payee he didn't need

    Posting this for a friend. He is on SSDI. He was his own payee for two years. He had a social worker at the time who decided to, without the permission of my friend, to call social security and arrange a payee. She never told him she was doing it,...

    Vance’s Answer

    I read the question, the responses (with which i agree) and your comments. If the amount at issue is $1,000.00, then I would see if perhaps the local Legal Aid program could offer free assistance. If not, then that's a pretty small amount to try to litigate over and may simply not be worth the likely aggravation. Just my $0.02

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  • Can that person get SSI? Is it based off the individuals income or the parents income? They live with parent.

    If a parent of an adult person has guardianship and makes a lot of money

    Vance’s Answer

    I agree with Ms. David. There aren't enough facts here to give you an accurate determination of whether the SSI recipient should be getting SSI or not. However, SSA does a pretty thorough analysis to determine if a person is entitled to SSI, so it would be doubtful they've overlooked something here.

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  • If I am buying a 300$ house and someone gives me the money to buy it as a gift and everything in my name is there any problems?

    300$ House and some one is giving me money to buy it as gift but I was wondering is there any illegal problems that can come up even if all the bills to the house and the owner ship is in my name and I own it?

    Vance’s Answer

    There aren't enough facts here to give you an answer. The gift of $300K would be something the donor of the gift would have to report to IRS. Beyond that, impossible to say what issues could arise without knowing more. You can use the "find a lawyer" tab here on Avvo to find a local attorney for a consultation to discuss, in detail, the concerns and whether there could be problems in the future.

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