Kelly Scott Davis’s Answers

Kelly Scott Davis

Cheyenne Elder Law Attorney.

Contributor Level 18
  1. My father passed away in his car parked out front of the hospital after an appointment. He went unnoticed approx. 6-8 hrs.

    Answered 10 months ago.

    1. Steven L Shaw
    2. Justin Eric Elder
    3. Jacob Brian Smith
    4. Kelly Scott Davis
    5. Ruth Elaine McMahon
    6. ···
    13 lawyer answers

    This really isn't a probate question. It deals with a personal injury/wrongful death claim. To get your question before the right type of attorney, I have changed the practice area. Don't delay in contacting a personal injury attorney. There are some short time limits in which you need to file a lawsuit. Most personal injury attorneys do not charge for the initial consultation. If they feel you have a case, they may take it on a contingency basis.

    19 lawyers agreed with this answer

  2. Are motels required to provide phones in the rooms?

    Answered over 1 year ago.

    1. George Costas Andriotis
    2. Josh P Tolin
    3. Kelly Scott Davis
    4. Jeffrey Ira Schwimmer
    5. Judy A. Goldstein
    6. ···
    7 lawyer answers

    You don't need a probate attorney. You need one who litigates wrongful death claims. I changed your practice area to get your question in front of the right type of lawyer.

    15 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Can I sue Nursing Care Home for Severe Dehydration, Malnutrition, fall, bruises, now in Hospital, for all this abuse & neglect?

    Answered 8 months ago.

    1. Ajay Mohan Kwatra
    2. Kelly Scott Davis
    3. Asmik Jasmine Gevorkyan
    4. Christian K. Lassen II
    5. Jeffrey Mark Adams
    6. ···
    9 lawyer answers

    If you currently have the power of attorney of the individual you may want to use it to request medical and nursing home records now, in case the person passes away and your authority under the power of attorney terminates. Then you can use the AVVO Find a Lawyer search tool to locate an experienced attorney who does nursing home abuse cases and make an appointment. They will want to review the records.

    15 lawyers agreed with this answer

  4. My elderly father caregives my mother (alzheimers) at their home. He refuses needed services (nurse, repair.) What can I do?

    Answered over 1 year ago.

    1. Kelly Scott Davis
    2. Brittany Green Gloersen
    3. Adam Troy Rauman
    3 lawyer answers

    While your father is doing his best as caregiver, it doesn't sound like he is fully capable of handling the situation himself. This is a very common situation. Unfortunately the only solution may be for you to petition the court for a guardianship. The important consideration should be your mother's health. You need to consult with an elder law attorney to review your options.

    14 lawyers agreed with this answer

  5. I am the P.O.A. for my mother who is in an ALF. I want to take her to a better ALF, can I?

    Answered 8 days ago.

    1. Kelly Scott Davis
    2. Helena Kempner Kobrin
    3. Anthony Greg Mowry
    4. David Michael Goldman
    5. Tony Anthony
    6. ···
    7 lawyer answers

    What are they threatening to do? You indicate that your mother does not suffer from diminished capacity so I assume she is competent to make her own decisions in the matter of where she stays. You, as her agent should have the power to carry out her wishes, but a lot depends on the scope of the POA. This may well be a situation where a letter from her attorney may be sufficient to cause them to back off. If she doesn't already have an elder law attorney, you can locate one near to where she...

    Selected as best answer

  6. What is elder law?

    Answered 12 months ago.

    1. Kelly Scott Davis
    2. Michael Leo Potter
    3. Jonathan Stuart Frank
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    “Elder law” is defined by the American Bar Association’s Standing Committee on Specialization as a holistic approach to the practice of law, akin to trusts and estates, which includes: • Health and personal care planning (advance directives and powers of attorney) • Pre-mortem planning (wills, trusts, powers of attorney, etc.) • Fiduciary representation (executors, trustees, attorneys-in-fact, etc.) • Legal capacity issues (guardianships and conservatorships) • Public benefit...

    13 lawyers agreed with this answer

  7. Father suddenly mentally incapacitated with property in life trust to me. How can I get title to the property?

    Answered over 1 year ago.

    1. Michael Charles Doland
    2. Charles Adam Shultz
    3. Kelly Scott Davis
    3 lawyer answers

    The best thing you can do for your father and yourself is get with an elder law attorney who is experienced with Medi-Cal rules. The worst thing you can do is begin moving assets out of the trust before getting competent legal advice.

    13 lawyers agreed with this answer

  8. I just got a $50K life insurance policy as the beneficiary so does it cancel my Oregon state medicaid and SSI?

    Answered over 1 year ago.

    1. Kelly Scott Davis
    2. Diane L Gruber
    3. Kathryn F Gapinski
    3 lawyer answers

    Holding on to the check, sending it back or refusing to cash it could also be considered enough to cause you to lose your benefits. You may however be able to put the check in a special needs or pooled trust and still retain your benefits. The funds in the trust get spent on you, but are not available for Medicaid/SSI purposes. A 1st party or d4A special needs trust is going to cost you money to set it up. They are complicated and can take time getting it approved by the State and SSA. You may...

    13 lawyers agreed with this answer

  9. How does my buddy find a lawyer to help him with a personal injury case on a contingency bacis

    Answered 7 months ago.

    1. Kelly Scott Davis
    2. Richard Todd Rosenstein
    3. Benjamin Claude Allen Jackson
    4. David Ian Schoen
    5. Christian K. Lassen II
    6. ···
    8 lawyer answers

    There are many good personal injury attorneys in Wyoming. Most take cases on a contingency basis. You should use the AVVO Find a Lawyer search tool to locate one. Be aware that this may be a Workers Comp case.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Medi-Cal recovery for elder's long-term care

    Answered about 1 year ago.

    1. Kelly Scott Davis
    2. Ann Saponara
    3. Kelvin P. Green
    4. Ian A. Scharg
    4 lawyer answers

    You are missing the fact that unless your son falls within one of the narrow catagories of exemptions the transfer will trigger a penalty period if you make application for Medi-Cal within the next five years. It's not just about the taxes. That doesn't mean the transfer can't be done. You will just need to be prepared to deal with the consequences. Rather than forging ahead, you should consult with a good elder law attorney in your area who has experience in Medi-Cal planning.

    12 lawyers agreed with this answer

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