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Kelly Scott Davis
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Kelly Davis’s Answers

1,904 total


  • What is the best route to take to get my mother's financial institution (CU w/ checking, etc) to recognize & accept that I'm POA

    Her POA executed in 2000 appointed my dad (he died in 2005),, then me as next in line POA upon his death. In Dec. of 2012 Mom moved into Assist. Liv. facility due to mild dementia. Sept. 2014 she was admitted to hospital & treated for UTI, mild de...

    Kelly’s Answer

    In addition to recording the original POA with the County Clerk and Recorder's Office, due to the staleness of the document (2000 is a long time ago), you may also need to attach an affidavit of non-revocation.

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  • Looking for an elder law attorney who can give me a free initial office consultation.

    Conflict with my sibling about care for my elderly parent

    Kelly’s Answer

    Due to the complex nature of the work we do, I think you will have a hard time finding an experienced elder law attorney who will be willing to provide a free consultation. Elder law is not like family law or a personal injury practice where the number of attorneys practicing in the area drives the market and results in lawyers being willing to meet with prospective clients for free. There is not an abundance of experienced elder law attorneys and you should expect to pay something for their time.

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  • Houston, Texas - 82 yr. old man with $200,000 in assets is in a rehab for the next 19 days under Medicare w/ supplemental ins.

    I am a family law attorney - totally out of my comfort zone. I need help understanding Medicare, supplemental insurance and how his investments ($200,000) will be treated. He has no family - I and 2 other friends have been helping him. He is very ...

    Kelly’s Answer

    I'd be glad to meet with you for lunch and allow you to pick my brains over lunch, except I am not licensed to practice in Texas and you'd need to pay for the airline tickets. Rather than trying to get an education in a very complex area of the law for free, why don't you refer this matter to an experienced elder law attorney. Perhaps they will allow you to associate with them on the case. That way you won't be violating any ethical rules regarding competency. If you are serious about practicing elder law, I suggest you join the National Academy of Elder Law Attorneys and avail yourself of some of their excellent CLE's and resources. You can find a elder law attorney by going to the National Academy of Elder Law Attorneys website at www.naela.org.

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  • How do you change guardian for a disabled adult? My uncle is currently guardian for my cousin, however my uncle is uninvolved

    Has him in a care facility and has not seen him in years. While he is the legal guardian he is very difficulty to get in contact with, the facility is calling my aunt (they are no longer married and she does not have legal guardianship and my mom ...

    Kelly’s Answer

    The change in guardianship would have to be made by the Court. Either you will need to demonstrate to the Court that it is not in the best interests of the Ward for your uncle to remain as guardian or he will need to resign. If he has been as uninvolved as you say, he may be delinquent in filing his reports with the Court in which case the Court may have already terminated his appointment. He wouldn't be the first terminated guardian to have continued acting as though he still had authority. Have an attorney check the status of the court docket file.

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  • How to save elderly parents house from being taken by Medicaid once surviving spouse dies (will only - no trust).

    My elderly parents are close to requiring skilled care (at least one, my mother, within a short period of time). My parents are now worrying about the house being taken from the family by Medicaid after the surviving spouse passes on. Since we obv...

    Kelly’s Answer

    Your question has more moving parts to it than you may recognize. Just buying the house will convert an exempt asset into a countable resource so that may not be the best route to go.The only way to be sure about your parent's options will be to sit down with an experienced elder law attorney in private to discuss the circumstances of your parents' situation and figure out the option that works best for them. While it end up costing for attorney fees, it will be well worth it, even if they can only save half the value of the house.

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  • Can the government take my grandmother's house from my dad because she collected federal benefits?

    My dad is on the deed of my grandmother's property, and she is both mentally ill and poor in health. He has POA over her, but she has no will other than a living will (DNR). My grandmother collects Social Security and Medicare, so does the federal...

    Kelly’s Answer

    For Medicaid purposes (not Medicare or Social Security) Wyoming has expanded estate recovery so the State can still place a lien on the deceased's interest in a life estate or joint tenancy based on the value the moment before death. The life estate value decreases with age but it is still high. You don't break the 50% mark until the deceased is age 77. For a 99 year old person they place the value of the life estate at over 20% of the fair market value of the property. Plus they impose a penalty for transferring title to a life estate if done within five years of making application for Medicaid. If a person purchases a life estate in another person's home for fair market value and lives in it for at least a year the purchase price does not create a penalty, but the estate recovery issue eats up what benefit you might gain in the exempt purchase of a life estate, so experienced Wyoming elder law attorneys rarely use this technique. A lot of people still get hammered by using life estates. Joint tenancy is easier. They just base the recovery and penalty on the percentage of the estate. All that said it still doesn't mean we don't have ways of protecting the property if we have the right set of facts to work with.

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  • I have assets but was assigned to medicaid because of low income. What is my liability and how can I stay out of trouble?

    The marketplace application asked about income, not assets. Now, a year later they are demanding copies of financial statements. Does medicaid seek to recover from a subscriber? If so, how can I get rid of it ?

    Kelly’s Answer

    You aren't providing us with much information to go on, but generally Medicaid requires an annual reassessment to continue eligibility.

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  • 87 years old wife prevents family from visiting and taking care of father/grandfather in spite of power of attorney and trust

    93 years old man married 87 years old woman in 2006 for companionship.Both have old age mental problems,for example,the woman states that the minimum wage is $1.70.The woman abuses the 93 years old husband calling him names.They have separate ass...

    Kelly’s Answer

    Having power of attorney is not always sufficient to address a problem. The agent under a POA can not force the person who granted the power into doing anything (like moving into a safer environment). A court appointed guardian can. If you feel that your father is being abused or is in danger, then you should report the matter to Adult Protective Services.

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  • Child rights

    i need to know how to get rights taken away from somebody

    Kelly’s Answer

    Ooooooo! Need more information than that!

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  • My experience of Negligence in a nursing home has been that a medicine has been causing daily need for a seat in bathroom

    I have been receiving a medicine which causes daily diarrhea!I cannot hurry to the bathroom because Im in a wheelchair in a nursing home where ther is NO suitably accessible restroom in the entire bldg.Im an above the knee Amputee Y cant I sue wit...

    Kelly’s Answer

    You can report your situation to Adult Protective Services as a case of neglect. You can also contact the senior ombudsman. Nursing homes are licensed and regulated entities so while you may not be successful in filing a lawsuit at this time, you may have success in getting the conditions corrected. If your damages end up becoming more significant, like because you can't make it in time to a suitable facility and as a result you develop bed sores, then you may have better luck finding an attorney, but I wouldn't wish such damages on anyone.

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