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Kelly Scott Davis
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Kelly Davis’s Answers

1,906 total


  • Does a notarized document written after a Last Will and Testament supersede the Will?

    My grandfather already had a will stating he wanted his home sold and split among his three children then in February of 2015 he wrote a document that was notarized stating he left his home and contents to my mother. He could not get into his law...

    Kelly’s Answer

    Having a document notarized does not make it a Will. There are other specific requirements that must be met. Wyoming does recognize holographic Wills without them being witnessed, but they must be entirely in the handwriting of the testator. You need to have a lawyer examine the document.

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  • What is the widower entitled to if the spouse goes on Medicaid (PA)?

    My grandfather is unresponsive in a long term rehab center. He is 65 (December Birthday), has Medicare and Bankers Life/Colonial Penn Plan N. He is about to run out of covered days. The thought was to put him on Medicaid, but we don't know what th...

    Kelly’s Answer

    Use the AVVO Find a Lawyer search tool to locate an elder law attorney in your area experienced in doing Medicaid planning or go to the website of the National Academy of Elder Law Attorneys at www.naela.org, Not only are there a lot of moving parts to your question, there can be many different solutions. An elder law attorney can sort it out.

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  • Are there rights for sibling who is not power of attorney to get mother moved to better room at nursing home?

    Mother is living in squalor at nursing home. The son who has Power of Attorney will not have her moved to a better room.

    Kelly’s Answer

    If you think the son is not doing the right thing you can petition the court to be appointed as guardian/conservator.

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  • Diabetic coma & not seeking emergency help.

    Family will not call for emergency services when father is in diabetic coma. Are there any legal ramifications about this? What if he dies & no medical aid was rendered?

    Kelly’s Answer

    You can report the matter to Adult Protective Services. They will keep your name confidential. But if he is in a coma, why aren't you calling 911?

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  • I need a disability lawyer but I was working with myler and they dropped me as a client right before the hearing

    Previous lawyer did not help me collect any evidence or help me in anyway. My case was denied due to one of my diagnosis was not submitted and my primary care provider is a family nurse practitioner. Getting a referral to see a Md right now. Can p...

    Kelly’s Answer

    It sounds like you are asking about a Social Security Disability claim. I have redesignated the practice area on your question to Social Security law to get it in front of the right type of attorney.

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  • Trying to get custody of my 12 yr old daughter in California. I'm in Wyoming. How do I find a lawyer who can help me.

    My daughter is very unhappy living with her mother. They move every couple of months and her mother refuses to give me a physical address . I haven't been able to see my daughter is 4 years. Do I need a lawyer who can practice in both states ?

    Kelly’s Answer

    You will need to modify the custody order. Contact your old attorney from the original custody or divorce action or use the AVVO Find a Lawyer search tool to locate a lawyer in the state when the custody order was issued.

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  • Medicare/Medicaid and life insurance, who does it work?

    My dad is 56, works part time at Macdonalds. he has a gold card, no medical insurance. If he gets medicaid or medicare in the future, can the government take the funds from his life insurance policy after he's deceased?

    Kelly’s Answer

    While it is not asked in your question, if the insurance is a whole life policy, as opposed to term, its mere existence could prevent if from qualifying for Medicaid if its cash value is over $1,500.

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  • My Mother is 77 years old and wants me to take her power of attorney to cover everything money wise to medical

    We need to know where to find free papers to download and print for Maine?

    Kelly’s Answer

    I really like it when people that try to avoid spending a very little on an attorney bring in Do-it-Yourself powers of attorney that they downloaded off the Internet. Usually they are coming in because they have found out that the documents they have don't get them to where they want or need to be. By then it is often too late to do anything easy to correct the situation (like draft powers that will work) and the cost in attorney fees to fix the problem far exceed the original cost of attorney prepared POAs. Do yourself a favor and take your mother to an experienced elder law or estate planning attorney. Don't be penny wise and pound foolish.

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  • Can an elder person assign all financial responsibilities to an agent in a Power of Attorney Agreement?

    To clarify, can the elder person agree to give-up the right to manage their own money (e.g., write checks or make withdrawals)? I am asking this because my grandfather is somewhat incapacitated -- he has days when he is incoherent. He's very ...

    Kelly’s Answer

    Your question is much more complicated than you may imagine, particularly when you state that your grandfather is "somewhat incapacitated." There are options like irrevocable trusts that would achieve your goal, but they come with a price should he need long term care in the future. Depending upon the level of his competency, any action he takes may or may not be voided. You might also find Adult Protective Services getting involved. You really need to sit down in private with an experienced elder law attorney to figure out the best course to pursue. It will be money well spent. You can locate one by using the AVVO Find a Lawyer search tool or going to the website of the National Academy of Elder Law Attorneys at www.naela.org.

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