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Kelly Scott Davis
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Kelly Davis’s Answers

1,926 total


  • My question is regarding resource limits on Medi-Cal.

    Hello and thanks in advance for the help ! I live in California and I am on Social Security Disability (SSDI). I will be on Medicare starting October 1st of 2015. Since SSDI is my only income, I would be eligible for financial assistance thru Medi...

    Kelly’s Answer

    The only way you will get a meaningful answer to your question is to make an appointment with an elder or medical law attorney. There are just too many variables to address in this type of forum. Use the AVVO Find a Lawyer search tool to locate a suitable attorney near you or go to the website of the National Academy of Elder Law Attorneys at www.naela.org. You should expect to have to pay for a consultation using some of the excess money in your checking account, but it will be worth it.

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  • Does a shoplifting ticket go on your permanent record?

    About a week ago I got a shoplifting ticket for $300. I was told it's not mandatory to go to court but I was given a court date. Would it be beneficial to go or just pay the ticket? Also is this going to go on my permanent record, can it be removed?

    Kelly’s Answer

    Yes, it will go on your record if you don't contest the ticket and just pay the fine. No you won't be able to have it removed without an attorney. There are a lot more facts that would be needed to give you a better answer. For now you should hire an attorney to represent you. If you can't afford one, then go to court and ask the judge to appoint one for you. Depending upon the circumstances and your prior record, it might be possible to get a deferment, but you will need a lawyer.

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  • What steps do my boyfriend and I need to take to get temporary custody/guardianship of his 5 year old daughter?

    My boyfriend's 5 year old daughter has been living with us for a few weeks now, we have her enrolled in kindergarten (as per her mother's request) and just found out her mom is in jail (again). My boyfriend is not on the birth certificate, but the...

    Kelly’s Answer

    Your boyfriend will need to petition the court for appointment as guardian. The court may not grant it though unless he can establish he has priority and that the guardianship is in her best interests. Your statement that your boyfriend "is not on the birth certificate, but there was an open child support case filed at one point, in which he did not do a paternity test but did not deny the child" isn't very clear. Either he was found to be the parent and child support was ordered or it wasn't. I am really surprised that Family Services hasn't stepped in. For now his best course of action would be to hire a family law attorney.

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  • Can my mothers doctor force her out of her home. she is 83

    mothers 83

    Kelly’s Answer

    You really haven't provided enough information to give meaningful advice. Generally, if in the doctor's opinion your mother's continued residence in her home is a threat to her health, safety and welfare, he can and may be required to report them matter to Adult Protective Services. They will investigate the situation and if they agree an involuntary guardianship action may be commenced. Then it would be the court who orders the removal. You should schedule an appointment with an elder law attorney near your mother's hometown to discuss the situation in private.

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  • What will i need to get a motorcycle left my my dad when he passed way

    My sister has it at this time as well as the death certificate

    Kelly’s Answer

    It doesn't just magically happen. There is a lot more to it then dad having died. As Jacob states, much more information is needed to answer your question, but assuming that your father lived in Wyoming and only his name is on the title and his estate is under $200,000 and does not contain any real property, after dad has been dead for 30 days, proven by his death certificate, title can be transferred in equal shares to all of his children. You will then need to get your sibling(s) to transfer their interest in the motorcycle to you. Rather than trying to do it on your own, you would be well advised to work through a probate attorney.

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  • False report to police considered elder abuse?

    I am 75 years old. My daughter and I are having a dispute over how I am handling my affairs. The other night I went out to friends to a local restaurant for drinks and dinner. She called the police claiming that I had just had surgery and couldn't...

    Kelly’s Answer

    Attorneys Shields and Karamaros are giving you good advice when they suggest that you visit with an elder law attorney regarding your will, trust or powers of attorney sooner rather than later. Having a good power of attorney in place can avoid the need for a guardianship/conservatorship and at least in some jurisdictions you can state who you might want or not want serving as your guardian/conservator should the need ever arise.

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  • Can a Judge grant Medicaid coverage over Private insurance?

    I'm headed to mediation and my ex gave advised that in order to save on deductibles and copay I should move my two dependents to his Medicaid plan. I also want to save money but he is claiming for Medicaid and is lying about his income Will a cou...

    Kelly’s Answer

    Medicaid is a payor of last resort meaning private insurance pays first. Heed Attorney Johnson's warning. People don't get it rouble reporting the facts. They get in trouble when they try to hide information.

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  • Is the a statue of limitation on Forgery and theft over $20,000 worth of jewerly

    I am elderly and disabled. I lost my son in a fire. And this person took full advantage of my grief

    Kelly’s Answer

    In spite of your age and disability, yours really isn't an elder law question. I have changed to practice area to criminal to get it in front of the right kind of attorney.

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  • 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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