Kelly Scott Davis’s Answers

Kelly Scott Davis

Cheyenne Elder Law Attorney.

Contributor Level 18
  1. Do I need an elder law attorney?

    Answered about 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

  2. Elder Law/My parents asssets/nursing home

    Answered about 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

  3. 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 5 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

  4. Can I write my last will and testament

    Answered 10 months 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

  5. 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 10 months 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

  6. Do I need a attorney?

    Answered 12 months 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

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

    Answered 2 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

  8. My husband died last week. No will. We've been separated over 2 years but still married. We lived on a small farm (40 acres). I

    Answered over 1 year ago.

    1. Kelly Scott Davis
    2. Joseph Franklin Pippen Jr.
    3. Michael S. Haber
    4. James Paul Sadler
    4 lawyer answers

    You were still married so you still have rights in the estate. So to do his kids. It doesn't sound like they will take your word for it, so I recommend you contact a probate attorney first thing Monday morning. It is a race to the courthouse to see who gets appointed as Administrator. Expect that they may not agree to your appointment and may try to make waves but it is important to be appointed. Don't worry about not having money. There appears to be enough in the estate to cover attorney fees...

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  9. How to best choose an Elder Law attorney for Medicaid Planning?

    Answered 24 days ago.

    1. Brian A. Raphan
    2. Stephen Jay Silverberg
    3. Kelly Scott Davis
    4. Ivette M Santaella
    5. Patricia Ambrose Mayer
    6. ···
    7 lawyer answers

    Anyone can claim to be an elder law attorney. The question is how much experience do they have in handling cases similar to yours. Yes, experience does matter. No, the techniques, plans, and forms are not straightforward. Just as the facts and relationships surrounding every person's life are different, so to are the solutions needed to handle their situation. If you are looking at how to best choose an elder law attorney (and our skill levels are not all the same) I suggest you go to the...

    10 lawyers agreed with this answer

  10. Mother in nursing home on Medicaide. Gave me home in 1995 but kept life time estate, with warranty deed. Can. I sell home?

    Answered 4 months ago.

    1. Gregory Herman-Giddens
    2. Kelly Scott Davis
    3. Joseph Franklin Pippen Jr.
    4. David Michael Goldman
    5. Joel Steven Weissler
    5 lawyer answers

    Depending upon the value of the house and your mother's age, selling the house under the POA (if it gives you that authority) will generate cash which will result in your mother becoming ineligible for Medicaid benefits until it is spent down. The length of time during which she is ineligiuble can be reduced by taking several different measures. You need to talk to an elder law attorney to find out whether selling her share of the house is even a good idea.

    10 lawyers agreed with this answer

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307-433-0921