Kelly Scott Davis’s Answers

Kelly Scott Davis

Cheyenne Elder Law Attorney.

Contributor Level 19
  1. Can a person with dementia, who has been declared incompetent legally change their pre-existing will in Washington State?

    Answered over 1 year ago.

    1. Arthur Colby Parks
    2. Kelly Scott Davis
    3. James Marston Brown
    4. James P. Frederick
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    It depends. As you can see from the responses by some very good attorneys, the answer is all over the place. In some states, mine own included, by statute a person declaired incompetent by the court may still have capacity to execute a Will. Just because a person is legally incompetent, does not mean that they lack testamentary capacity. It is just difficult. The attorney drafting and overseeing the execution the Will needs to evaluate and document capacity.

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  2. Can A senior that no longer has a drivers license own and purchase a car in their name?

    Answered 9 months ago.

    1. Kelly Scott Davis
    2. Lawrence A Friedman
    3. Gregory John Barry
    4. William Ray Pelger
    4 lawyer answers

    In answering your question, because of her physical condition as you describe, I am going to jump ahead a little and assume that down the road your mother may need Medicaid. In determining eligibility for Medicaid your mother can own a vehilce that is necessary for her transportation and it is an exempt asset (at least for a while). She does not need to be the one who drives the vehicle and she will not be penalized. If she purchases the car and puts it in your name, it will be treated as a...

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  3. My spouse and I would like my 81 year old mother to come live with us; she doesn't want to. I'm her caregiver, paid by the

    Answered about 1 year ago.

    1. Kelly Scott Davis
    2. Richard Marc Katz
    3. Ivette M Santaella
    4. Christopher Coppola
    5. Jacqueline A. Cara
    5 lawyer answers

    It isn't about your convenience. So long as your mother is competent, she can do as she pleases, even if that means making bad choices regarding her health care. If, however, she is incompetent, then you should pursue a court ordered conservatorship. Expect that she may not be happy about it if you go that route, so before stating down that path, I suggest you talk to her doctor (even if your mother hasn't been in the office in a while) to find out what they might say about her mental state.

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  4. Can i sue doctors and hospice and persons caring for my dad for wrongful death?

    Answered over 1 year ago.

    1. Kelly Scott Davis
    2. Christian K. Lassen II
    3. Tatiana Kadetskaya
    4. David Ian Schoen
    5. Josh P Tolin
    6. ···
    7 lawyer answers

    Are you saying that your father should not have been on hospice or are you upset that he died while in hospice care? The purpose of hospice is to provide a person who has a terminal condition and will die within six months with comfort care, also known as palliative care. The goal is to make the terminally ill comfortable and allow them to pass with dignity. To receive hospice care the patient has to be certified terminal by a doctor. Both a stroke and pneumonia may have been sufficient to...

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  5. Siblings of a parent who is not even deceased are demanding (through a lawyer) an account of that parents money.

    Answered over 1 year ago.

    1. John P Corrigan
    2. Kelly Scott Davis
    3. Rosemary Jane Meagher-Leonard
    4. Jonathan Stuart Frank
    5. Lawrence A Friedman
    6. ···
    6 lawyer answers

    Attorney Corrigan may have hit the nail on the head when he says that the letter may be a shot over the bow. Unfortunately, many people think that when they are being kept in the dark they become suspicious. Unfortunately, as a fiduciary of the father, the child with the power of attorney may be prohibited from providing the information. If the siblings don't end up filing for a guardianship in which they would try to prove the father is incompetent, they could still file a report with Adult...

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  6. Elder abuse???

    Answered over 1 year ago.

    1. Emma A. Kremer
    2. E. Alexandra Golden
    3. Joseph L. Morana
    4. Kelly Scott Davis
    5. Lawrence A Friedman
    6. ···
    7 lawyer answers

    Follow Attorney Kremer's advice and call the Elder Abuse Hotline. Your name will be kept confidential. Often seniors who are being abused by a family member are afraid to speak out, but Adult Protective Services has experience handling these issues.

    9 lawyers agreed with this answer

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  7. Can a notary notarize a contract in which they are the payee,

    Answered over 1 year ago.

    1. Justin Eric Elder
    2. Robert E. Millsap III
    3. Kelly Scott Davis
    4. John S. Palmer
    5. William Thomas Schemmel
    5 lawyer answers

    In every jurisdiction in which I have worked or needed documents notarized, a notary can not notarize a document in which they, their employer or a family member has any interest. The question then becomes what constitutes an interest. The quick way to find out would be to contact the Secretary of State.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Are there legal guidelines to help me determine the difference between a "helpful granny" and a "financially abused elder?"

    Answered 12 months ago.

    1. Kelly Scott Davis
    2. Arnold Garson Cohen
    3. Lawrence A Friedman
    4. Gregory William Schulz
    4 lawyer answers

    If you believe she is being financially exploited by the grandkids, report the matter to Adult Protective Services. They will investigate. I would be concerned that by making these gifts your friend may be rendering herself ineligibile for Medicaid if she needs to go to the nursing home and apply for public benefits anytime during the next five years.

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  9. Mom diagnosed with Depression and Anxiety and now dementia is she able to sign POA finances?

    Answered about 1 year ago.

    1. Kelly Scott Davis
    2. Judy A. Goldstein
    3. Donna R Blaustein
    3 lawyer answers

    None of these diagnoses, by themselves, would render your mother incompetent to sign documents. It is a matter of degree. Her statement that it is too late may be a reflection of her depression. While she may refuse to go see an elder law attorney, most experienced elder law attorneys make house calls.

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  10. I'm just at my wit's end. Is there anyone in this whole wide world who can stop a son from taking financial advantage of his mom

    Answered 6 months ago.

    1. Lawrence A Friedman
    2. Dorothea Elaine Laster
    3. Kelly Scott Davis
    4. Elisse Vickers Woelfel
    5. Kathy Elizabeth Roux
    5 lawyer answers

    APS should be the proper agency to handle elder abuse and exploitation, but if when they go out to visit she refuses their assistance there isn't much they can do. You may need to petition the court to be appointed as her guardian/conservator. To figure out your best option I recommend that you consult in private with an elder law attorney. The courts usually authorize payment of legal fees out of the ward's assets once the guardianship/conservatorship is approved. Use the AVVO Find a Lawyer...

    9 lawyers agreed with this answer

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