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Kelly Scott Davis
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Kelly Davis’s Answers

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  • Served a 3 day to vacate notes butvthe person will not live. I cant a Ford to go further what should i do?

    person is not complying to a three day vacate notice and is refusing to leave is asking for me to pay back $270 that is already been paid towards rent she has been staying in my house as a guest the money was for utilities in the room in space tha...

    Kelly’s Answer

    This is a small claims court matter. Go to the Circuit Court and get their forms.

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  • In 2005 I had gastric band installed, ln 2013 I started have problems i.e. could not keep food down, heartburn, 2014 I

    attempted to contact the dr. that did the surgery, I was informed that his dept has been shut down. I contacted another dr. who informed me that It was installed wrong. This is why i'm having problems. do I need a atty.

    Kelly’s Answer

    You need to consult with a medical malpractice attorney ASAP. There are severe limitations on how long you have to file a lawsuit after discovering or learning about your injury. Use the AVVO Find a Lawyer search tool to locate a medical malpractice attorney in the state where the surgery was done.

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  • Does an immediate annuity exempt a person from having an 'asset' causing them to be (in-)eligible for medical assistance?

    An old strategy for appearing as having no assets and hence eligible for medical assistance was to purchase an immediate annuity for a life payout (income stream) and applying for medical assistance for nursing care. I wonder if A) it works well w...

    Kelly’s Answer

    • Selected as best answer

    I don't practice law in MN so you will need to check with an elder law attorney in that state, but under federal law an annuity will be treated as an available resource or as having generated a penalty unless it is immediate, pays a fixed rate, is actuarially sound meaning that it must pay out before the actuarial life expectancy (which rules out the life period annuity), irrevocable, and name the state as the remainder beneficiary after the spouse.

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  • My boyfriends brother changed the locks on our home the day after my boyfriends funeral. How can I undo this?

    My boyfriend of 13 years was killed in a car wreck. He had no will. His brother has locked me out of my home. He has not gone to court or anything. How can he do this and how can I undo it? He told me he would sell my home to me again, but now has...

    Kelly’s Answer

    Has your boyfriend's brother petitioned the court to open a probate and been appointed as personal representative? If not then one must question his authority to act. Is your name on the deed or lease? I assume that you have personal property to which he has denied you access. There is enough going on in your question and not enough information presented that you should schedule an appointment with a probate attorney for some advice on how to proceed.

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  • When someone applies for Medicaid in Georgia, are VA Aid & Attendance benefits not counted as qualified income?

    My mother is 99 years old and resides in a nursing home in Georgia. A Medicaid application was submitted on her behalf earlier this month. She receives Social Security and VA Aid & Attendance benefits . She has no other assets or property. Th...

    Kelly’s Answer

    Lilburn is close enough to Atlanta that you would be wise to drive in to see Drew Early. Call him for an appointment.

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  • Protecting assets from Medicaid.

    My mother has dementia and is living at home still with a caregiver who stops in to assist regularly. My question is protecting her bank account which has about $150K. Is she free to invest in precious metals with her cash, put them in a safe de...

    Kelly’s Answer

    • Selected as best answer

    Well, I guess having her commit fraud and going to jail would be one way to get long term care. I don't mean to be flip, but you really do need to consult in private with an experienced elder law attorney. Medicaid planning involves one of the most complex areas of law. It is not a DIY project.

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  • My parents created a will with an attorney in 2005 which left everything to me except $5k executor fee to my cousin,

    whom they appointed as POA for them. After my father's death in 2011, my mother changed the will to 1/3 to this cousin, 1/3 to another cousin who had medical POA and 1/3 to me. I have a witness that the POA cousin and his wife were at the ...

    Kelly’s Answer

    Having read the comments, all I would add is a strong recommendation that the asker make an appointment with a probate attorney to discuss this matter in private and assess the case. It is easy for a non-lawyer to become blinded by their own passions so that they can't see the whole picture. There is a reason why even attorneys will talk to other attorneys about their own legal problems.

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  • Can I get a POA even though my sister already has one for my mother

    My sister has POA for my elderly mother (85 years old) and she lives with her. My mother suffers from alzheimer's and my sister is her proxy. My mother cannot feed herself, use the bathroom on her own and I just found out she has bed sores. My...

    Kelly’s Answer

    As an elder law attorney, I disagree with the advice regarding the ability of your mother to execute a new power of attorney. The mere diagnosis of Alzheimer's does render your mother incapacitated or incompetent. Capacity is not an all or nothing determination. Even with Alzheimer's she may still have sufficient capacity to understand and execute a new document although it would require a careful assessment by an experienced elder law attorney to find out. The problem would be getting her to the attorney. I doubt if your sister would be willing to cooperate. Since bed sores can be life threatening, you should immediately report this matter to Adult Protective Services. Then you should look into petitioning the court to be appointed as guardian.

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  • What is the best way to orchestrate the transfer of real estate from both spouses to one spouse for PACE application purposes?

    We are planning to hire an elder law attorney to complete the PACE application for my father. He currently is taken care of by my mother and both live at home. The program is perfect for him but they have assets (real estate) in both their names...

    Kelly’s Answer

    You should discuss this in private with the elder law attorney you are planning on hiring. Medicaid planning involves some very complex issues and each case is different. Simply ask the attorney what he or she will do and have it spelled out in the fee agreement.

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  • Brother with DPOA will not tell me where my Mother is.

    Brother and Mother live in Texas, and I am in California. Mother was in an Independent Living Facility, but after a fall, was admitted to in-patient rehab facility. She is no longer there and brother will not tell me where she is. He said she doe...

    Kelly’s Answer

    I would agree with Attorney Paxton's assessment and would only advise that you don't make too much of the $10 sale price. I assume that since you are being kept out of the loop that you had to get that number off the deed. The transfer of title generally requires that consideration be given. By custom a "$10 and other valuable consideration" figure is used. It doesn't matter if the actual sales price was $500,000 or $1,000, the deed usually recites $10.

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