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Kelly Scott Davis
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Kelly Davis’s Answers

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  • How can I get a medical malpractice attorney in Wyoming that will go up against Central Wyoming Neurology and their hospital.

    Had surgery in Jan 2013 by a neorologist. Contracted MRSA at the hospital. He continued malpractice by not listening to me for 7 months while I kept telling him something was wrong. I finally got my regular doctor to order an MRI after my incis...

    Kelly’s Answer

    The question that needs to be asked is when did the malpractice occur and when should it have been discovered. There are short time limits that pertain to filing a medical malpractice lawsuit. If you wait too long your case will be thrown out of court. I suggest you contact the Wyoming Trial Lawyers Association for a referral and that you do it soon. Their number is 635-0820.

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  • Am I required by wyoming law to respond to a show cause summons why i didnt show up for jury duty ?

    Convicted felon 1989 of burglary no other felonies

    Kelly’s Answer

    If a show cause summons was issued for your failure to appear, and you ignore that too, the court can find you in contempt and have you arrested.

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  • If my father is getting older and we are going to sell his house to pay for assisted living care. Can items such as an old car

    be given to a brother. Car is only worth about $1000. My other brother is concerned that would be considered a gift and WILL CAUSE IRS issues or if later if his money is gone before he dies that if he needs medaid asst. that mig...

    Kelly’s Answer

    At this point it appears that you are discovering the value of an experienced elder law attorney. There are multiple issues involved with your question with plenty of opportunity to make some costly mistakes. The IRS may not be your biggest concern, it can and may likely end up being Medicaid. An elder law attorney can guide you through the process and help you avoid the pitfalls. It would be a shame if your father's estate was wasted because no one wanted to schedule an appointment with an elder law attorney and pay a few dollars for advice that applies to your specific situation. Use the AVVO Find a Lawyer search tool to locate an elder law attorney near you.i

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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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