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Kelly Scott Davis
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Kelly Davis’s Answers

1,918 total


  • Person on medicaid receives 75K. Is it best to roll off Medicaid....use up money...then go back on Medicaid?

    Person is in nursing home. Money is from relative that passed away.

    Kelly’s Answer

    Determining what would be the appropriate action to take in this case depends upon facts that are not provided in your question. Medicaid planning is a very complex area of the law and the solution to be applied in one case may not be appropriate in another. Yes, a person can roll off Medicaid and just spend the money down on nursing home care, but is that the best solution or is it just the easiest? To me doing so would be just throwing the money away without obtaining any benefit for the individual. The money spent consulting with an experienced elder law attorney who could explore the facts and options would be money well spent.

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  • Revoking StepMother named first DPOA and Sister named Second DPOA over Father after stroke and Dementia.

    My StepMother and Sister are first and second DPOA over my Father. He is unable to make financial/medical decisions. My StepMother will not disclose the finances. She is unable/unwilling to pay Bills in a timely fashion and is paying late fees/...

    Kelly’s Answer

    You have mentioned that the agent under the DPOA has failed to provide you with an accounting. Unless the document requires an accounting to persons other than the principal, your father, you have not right to that information. Your choices then are to petition the court for a guardianship/conservatorship under which the mishandling of funds could be raised, or you can report the matter to Adult Protective Services. They will investigate the matter and you still may end up needing to petition the Court for a guardianship/conservatorship.

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  • Is there an attorney for the elserly

    Need to put together a family limited estate

    Kelly’s Answer

    Do you mean a family limited partnership? Why do you think having a FLP will solve the problems you are facing? The best advice has already been given. Find an experienced elder law attorney using the tools and sites that have been provided, make an appointment to sit down and discuss the issues your are having. An experienced elder law attorney will not only be able to determine whether a FLP is even appropriate, they should be able to offer other reasonable solutions.

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  • My 86 yr old mother with demintia, has an income of approximately $4100 per month, will she be eligiblble for medicaid in ny?

    1994 put home in life estate for 3 daughters,has 50% of one daughters home , can you transfer part or remaining interest to help qualify for medicaid

    Kelly’s Answer

    If you schedule an appointment and meet face-to-face with an experienced elder law attorney, you will discover that most likely there is something that can be done. Unfortunately you will need to provide much more detailed information to the attorney than can possibly be given in this Q&A forum. To locate an elder law attorney near you use the AVVO Find a Lawyer search tool or go to the website of the National Academy of Elder Law Attorneys at www.naela.org.

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  • Can my sister who is appointed power of attorney for my 92 yr old dad take his car away legally?

    sis has main power of attorney,I am backup he has alzheimers and refuses to stop driving is 92 I have his car tracked by gps in real time but we need to keep him from driving pretty soon,

    Kelly’s Answer

    You are facing a common problem. When to take the keys away. Your father may not recognize the risks to himself or others. Like many seniors, to him the car may be more of a symbol of his independence. That won't help if someone gets hurt. I suggest you go to the AARP website and view the "We need to talk" video on when it it time to stop driving and techniques that may help. The link to that video is www.aarp.org/home-garden/transportation/we_need_to_talk/. Good luck.

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  • If special needs trust ONLY holds land(10 acres), do I prepare taxes or will taxes be owed?& how will property taxes be payed?

    *special needs trust will only hold property(acres of land)nothing else, is that considered income, will I pay taxes or need CPA to prepare taxes ? * how would annual property taxes(county, school, & water taxes) be paid if SNT only will conta...

    Kelly’s Answer

    I sounds like you are discovering just how complex the law governing trusts and public benefits can be. If the trust needs cash to operate, which it does, then the options are to sell or borrow, both of which depends upon the language contained within the SNT document. Go back to the attorney who drafted the SNT for advice..

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  • Am I liable to be sued for my elderly mother (accident, etc.,) as I have power of attorney and am also on her house title?

    My elderly mother is driving with macular degeneration in her eyes. The eye doctor has not said she can't drive, however, my sisters and I know she shouldn't be. If she should hit someone and be sued, am I liable since I have power of attorney a...

    Kelly’s Answer

    It would be unlikely that you would be held liable for the actions of someone else such as your mother. You can only be held liable for injuries caused by your own actions or failure to act. Just being the agent under a power of attorney doesn't give you any authority to prevent her from driving. You would need to be appointed by the court as her guardian to have that kind of power. If you think that her eye doctor is misdiagnosing her condition or otherwise unaware of your concerns, schedule an appointment where you can discuss the situation. After all, the doctor hasn't ridden with her. You won't be the first child that has had to do that. With that said, you could be held liable if you let her car insurance lapse, but that would be as a result of your own failure to act.

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  • I won a case

    I won a case against ams for transactional mesh. My question is do they they have a certain time to distribute the money? Do they have a time limit?

    Kelly’s Answer

    Winning a lawsuit is just the first step. Getting paid is another. Talk to your attorney.

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  • I have medicaid and I can't get an appointment. I'm very sick and feel like I'm going to die. What do I do?

    I have medicaid and I can't get an appointment. I'm very sick and feel like I'm going to die. What do I do? They said the doctor is full for 2 years. I read there have already been lawsuits over this obama care/ medicaid stuff because people diein...

    Kelly’s Answer

    If you feel like you are going to die and can't get in to see a doctor, go to the emergency room.

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  • My parent has a home in Michigan,she is moving to an Assisted living facility in North Dakota.will a Ladybird deed work here?

    I am told the ladybird deed may not work if she becomes a resident of NORTH DAKOTA . If so ND i believe has a similar program..will we need to apply there

    Kelly’s Answer

    I am not licensed in North Dakota, but I do know that in many states an individual is rendered ineligible for Medicaid if they have a residence in another state. You need to talk to an experienced elder law attorney in North Dakota. There aren't many but you can go to the website of the National Academy of Elder Law Attorneys at www.naela.org or use the AVVO Find a Lawyer search to to locate one.

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