Kelly Scott Davis’s Answers

Kelly Scott Davis

Cheyenne Elder Law Attorney.

Contributor Level 19
  1. How does a person with an Original Power of Attorney (POA) document get a requested Certified copy of said POA document?

    Answered over 1 year ago.

    1. James A Littlepage
    2. James P. Frederick
    3. Kelly Scott Davis
    4. E Dwight Taylor
    5. Damian Baldridge
    6. ···
    6 lawyer answers

    We encounter such requests for certified copies from time to time. What they arew asking for is a copy that has been been filed with and certified by the County Clerk and Recorder. They are trying to cover themselves in case the POA had been revoked. Once it has been filed a POA can only be revoked by filing a written revocation with the same County Clerk and Recorder. An affidavit of non-revocation usually is sufficient to get them to back off. You might have been able to avoid this problem...

    Selected as best answer

  2. Do I need an elder law attorney?

    Answered over 1 year ago.

    1. Kelly Scott Davis
    2. Robert Edward Fenster
    3. Thomas D. Boley
    4. William Ray Pelger
    4 lawyer answers

    If your gut reaction is that you need an elder law attorney, you need an elder law attorney. You haven't given much information about your mother's mental state other than to say that she has a history of emotional instability. Although you have no written agreement, if she is determined to be a vulerable adult by Adult Protective Services and they consider you to be a caregiver, you could be facing problems for withdrawing or withholding care. You should err on the side of caution and sit down...

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Elder Law/My parents asssets/nursing home

    Answered over 1 year ago.

    1. E. Alexandra Golden
    2. Emma A. Kremer
    3. Scott D Rosenberg
    4. Kelly Scott Davis
    5. Joseph L. Morana
    5 lawyer answers

    Medicaid planning is a very complex area of the law. If this is your first time dealing with it, you probably won't be able to figure it out. Most attorneys shy away from it. You need the help of an experienced elder law attorney to chart the right course. Attorney Golden is knowledgeable and has a good repiutation as an elder law attorney. Do yourself and your family a favor and take her up on her offer.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Is $7500 fair to update will, trust,poa and file for Medicaid a fair price in Florida?

    Answered 2 months ago.

    1. Francine Traiger-Poor
    2. Andrew W. Cowan
    3. Kelly Scott Davis
    4. Joseph Franklin Pippen Jr.
    5. Christopher W. Vaughn-Martel
    6. ···
    7 lawyer answers

    Comparing legal fees isn't like looking up a car value on Kelley Blue Book. The cost of legal services depends on several different factors. The complexity of your situation. The skill and experience of the attorney. Their reputation in the community. The most unpredictable element in setting a fee may be the Medicaid application. Each case is different. Around here, if you call up a tow truck operator and ask how much it is going to charge to pull you out of a mud hole he is going to ask how...

    11 lawyers agreed with this answer

  5. How can you get a relative that's financially abusing their mother,88 and not all there, to stop being able to take her money?

    Answered 7 months ago.

    1. Thomas O. Moens
    2. Paul A. Smolinski
    3. Kelly Scott Davis
    4. Andrew Gordon White
    5. Barbara Ann Bangs
    5 lawyer answers

    You haven't indicated whether Mom is competent or not. If she is, then she can do with her money what she wants. She can favor one child over another. An exception would be if, as a competent but vulnerable adult, a child was engaging in undue influence, abuse or exploitation, none of which is indicated in your post. You can report the matter to Adult Protective Services, but be prepared for the consequences if they find nothing wrong. If she is incompetent then a person can petition the court...

    11 lawyers agreed with this answer

  6. Can I write my last will and testament

    Answered about 1 year ago.

    1. Christopher Jon Finley
    2. Douglas C Martinson II
    3. Paul Rutledge Durr III
    4. Kelly Scott Davis
    5. Clarence Blake West
    6. ···
    6 lawyer answers

    Given your current medical condition, you owe it to yourself to hire an attorney to draft your Will and oversee its execution. You need the peace of mind that comes from knowing it is done right and your estate will go to those that you care about. A good elder law attorney can also help you in maintaining your dignity by discussing your wishes regarding your healthcare and treatment and then drafting advance directives that will address those wishes and see that they are followed. Use the AVVO...

    11 lawyers agreed with this answer

  7. Can I sell the house my mom left to me in her will, but that if something happened to me the house should go to my daughter?

    Answered about 1 year ago.

    1. Kelly Scott Davis
    2. Anastatia Quirk Ellis
    3. Charles Adam Shultz
    3 lawyer answers

    It is common in a Will to provide that if the first person intended to receive an inheritance should fail to survive the writer of the Will, a second person or group of persons will inherit. Those persons listed as being entitled to the remainder do not have an interest if the first person survives. If the probate is complete and your name is on the deed, unless the title states that you only have a life estate, the property is yours to sell.

    11 lawyers agreed with this answer

  8. Do I need a attorney?

    Answered about 1 year ago.

    1. Cynthia A McNicholas
    2. Kelly Scott Davis
    3. James P. Frederick
    4. William Ray Pelger
    5. Charles Adam Shultz
    5 lawyer answers

    You may not need an attorney at this point if the Agency on Aging drops its investigation, but you are still subject to having complaints filed against you in the future. As suggested, you need to keep good records. You and your mother would also benefit from seeing an elder law attorney about preparing a written personal care agreement.

    11 lawyers agreed with this answer

  9. My 78 yr old mom may need to be put in nursing home permanent,

    Answered 2 months ago.

    1. Frank Joseph Tylman Jr.
    2. Kelly Scott Davis
    3. David Michael Goldman
    4. Lawrence A Friedman
    4 lawyer answers

    Before you do anything on your own that may prove difficult and expensive down the road to cure, you need to schedule an appointment with an elder law attorney in your area who has experience in Medicaid planning. From the limited information you are able to provide on this site giving you the type of advice you need would be next to impossible. Medicaid is a very complex area of the law that is heavily dependent on the facts surrounding each case.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. So what does POA mean then? Am I authorized to inquire about his finances and medical history at the nursing home?

    Answered 5 months ago.

    1. Kelly Scott Davis
    2. Evan H Farr
    3. David L. Carrier
    3 lawyer answers

    A power of attorney is a written instrument by which a competent individual (the principal) gives someone else (the agent) the power to take action on the principal's behalf. It is not the title of the document that grants the agent authority to act. It is the language contained within the power of attorney that authorizes action. Without reading the document, none of us at AVVO can advise you regarding the scope of your authority.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

We're ready to help. Contact us today.

307-433-0921