Kelly Scott Davis’s Answers

Kelly Scott Davis

Cheyenne Elder Law Attorney.

Contributor Level 18
  1. Can i sue doctors and hospice and persons caring for my dad for wrongful death?

    Answered about 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...

    9 lawyers agreed with this answer

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

    Answered about 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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  3. 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.

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  4. 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.

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

    Answered 7 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.

    Selected as best answer

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

    Answered 9 months 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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  7. 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 about 1 month 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

  8. Is a Revocable trust a good idea to protect my primary residence from possible Medicaid Estate recovery after my death?

    Answered 3 months ago.

    1. Kelly Scott Davis
    2. Loraine M. DiSalvo
    3. Drew Norman Early
    4. Diane Beth Weinberg
    4 lawyer answers

    Under federal law a revocable trust is treated as an available asset so it won't protect the house. Certain irrevocable trusts, however can do the job, but you have to give up ma lot and then wait 5 years before making application for Medicaid. There are other ways of accomplishing what you want, depending upon state law, but the cost of doing it wrong would be great. Your best course of action would be to consult with an elder law attorney experienced in Medicaid planning in your state. Use...

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  9. Am I liable for my father's nursing home fees?

    Answered 5 months ago.

    1. Kelly Scott Davis
    2. Richard Todd Rosenstein
    3. David Ian Schoen
    4. Luca Cristiano Maria Melchionna
    5. Roger Banks
    6. ···
    6 lawyer answers

    The likelihood of finding an American attorney who is familiar with elder law in Italy is remote. The issue is whether there is a filial responsibility law in Italy and whether it can be enforced in the US. Since your father is an Italian citizen, I suggest you contact the Italian embassy. I will change the practice area of your question to get it before attorneys would do international law. Perhaps they have an answer.

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  10. 2 siblings have brainwashed my 94 year old mother and have taken over financial and health care POAs. What can we do?

    Answered 8 months ago.

    1. Kelly Scott Davis
    2. Ryan Wesley Collier
    3. Lawrence A Friedman
    4. John P Corrigan
    4 lawyer answers

    You can either petition the court for guardianship, which will no doubt be fought by your siblings, or you can report your concerns to Adult Protective Services who will investigate and take action if they determine elder abuse has occurred.

    9 lawyers agreed with this answer

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