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Kelly Scott Davis
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Kelly Davis’s Answers

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  • What kind of lawyer can protect an elderly persons home & assets and get one of them on Medi-cal for Alzheimers w/o repaying it.

    I was told by a family member that an Elder Law attorney will only protect their assets in order to take them for himself and that they should see a Family law attorney. Does the couple need to get a divorce? How many lawyers will they need to see...

    Kelly’s Answer

    In regards to the comment by your family member that "an Elder Law attorney will only protect their assets in order to take them for himself, " I recall reading several years ago about a California elder law attorney who got caught doing just that. If my memory serves me right not only was he disbarred, but he got to go to jail. There are other, more recent cases of similar nature across the country, but they are the exception, not the norm. The same can be said about other practice areas and professions. Most elder law attorneys are very conscientious, ethical and love what they are doing. As the other responders have said, the elders about whom you ask don't need to get divorced. They should visit with an experienced elder law attorney. You can locate one by using the AVVO Find a Lawyer search tool or by going to the website of the National Academy of Elder Law Attorneys at www.naela.org. As a condition to joining NAELA members must pledge to support the Academy’s Aspirational Standards for the Practice of Elder Law.

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  • How likely will I become a nurse?

    Becoming a nurse was always in my heart until I was charge with terroristic threatening first degree and domestic battery 2nd degree, the case was nolle prossed a year ago. Can my record get expunged? Is there a chance of me exploring my dream car...

    Kelly’s Answer

    Your question really isn't about elder law. It deals with criminal law. Therefore to get you before the right type of attorney I have changed the practice area.

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  • What would the cost be to file this? Would the person filing have to pay?

    Brother is is not capable of handling his affairs.

    Kelly’s Answer

    Cost to file what? You question as posted in this practice area doesn't say to what you are referring.

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  • Taking over Parents finances

    I've noticed my father 75 is accusing others of taking his money locked in a cabinet. He will also repeat the same story if you are around him for 4hrs and is forgetting conversations. In additon, gets irrate at normal situations thst come up. My...

    Kelly’s Answer

    How do you know that your father will not sign a POA? I can't tell you how many times I have heard that from family members only to discover that once the parent is in the elder law attorney's office, where the attorney can explain what a POA is, how unlike a guardianship it doesn't take away their right to control their lives, and how they can revoke the document, they change their mind. Then the issue is whether they have the requisite capacity to execute a POA. That is a legal determination and is something that an experienced elder law attorney may be comfortable in making. While your father may be displaying signs of diminished capacity, that is not an all or nothing diagnosis. Think in terms of a dimmer switch instead of an on/off switch. You may want to discuss your situation with an experienced elder law attorney about doing POAs before just dropping the hammer and filing for guardianship. You can locate one in your area by going to the website of the National Academy of Elder Law Attorneys at www.naela.org.

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  • In the state of Wyoming, can a woman (wife) file divorce from her husband for emotional and verbal abuse and win?

    He has told me more than once (please excuse language) don't you ever f'ing shut up. He controls how many times a wk I go to town even though my health (fibromyalgia) depends on my water exercise at least 3 times per wk. He keeps track of how long...

    Kelly’s Answer

    • Selected as best answer

    Wyoming has a "no fault" divorce law which means you don't need to allege a reason for filing for a divorce other than "irreconcilable differences." And he is going to have a hard time dropping you from his insurance. The best thing you can do for yourself is contact a family law attorney for advice. You can use the AVVO Find a Lawyer search tool or contact the Wyoming State Bar Lawyer Referral Service at www.wyomingbar.org.

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  • Is there a way to keep my mom who is 80 years old from losing home life insurance and income

    my dad fell and had a brain injury he's been in the hospital for 6 monthshe is mentally gone cannot get up and walk is very violent and they are going to release him from the hospital to go homebecause my mother inherited a half of a house the oth...

    Kelly’s Answer

    You have a lot of issues going on in your question, end of life and hospice, Medicare, Medicaid eligibility, community property, and more which you appear to be blending together. It is more than can be practically covered in this type of Q/A forum. The best advice would be for you to schedule an appointment with an experienced elder law attorney who can ask you questions, flesh out the facts, break down the issues into manageable components and give meaningful answers. There are a lot of good elder law attorneys in your area. Use the AVVO Find a Lawyer search tool to locate one or go to the website of the National Academy of Elder Law Attorneys at www.naela.org.

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  • My elderly neighbor needs a local lawyer to advice her on 51 yr old son squatter. what type of lawyer deals with this.

    her 51 yr old son divorced move back in. takes her money. before he moved back she was independent 70 yr old widow. she owns property. he takes all the rent money plus dips into her social security check. she is left penniless. now he want to rem...

    Kelly’s Answer

    Has she complained about him exploiting her or expressed a desire to have her son removed? Would she contact an elder law attorney if she was given the name and number? What is her level of competency? These are questions that are not answered in your posting. It may be that she consents to what is going on, but it is also common for seniors who are being exploited or abused by a family member to not say anything out of fear of the consequences. That does not change the fact that the son's behavior may be inappropriate if not illegal. You may want to contact Adult Protective Services to report the matter. Many states has mandatory reporting requirements. Go to the New Jersey Adult Protective Services website at www.state.nj.us/humanservices/doas/services/aps for more information.

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  • I have an order of protection placed on me from my soon to be ex wife,she continues to text me isn't she breaking the order.

    I have currently filed for divorce and my wife out a protection order out on me,so that I can't see my kids or go to my house but she's still texting me,what can I do to make it stop?

    Kelly’s Answer

    You need to discuss this with the attorney in the divorce action you filed.

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  • Hello. I just want to simply know what my rights are as an aunt? Do I have legal rights to see my niece and nephew?

    My nephew is 6 1/2 and my niece is 4. I have invested so much time and money in them the past 4 years just for their parents to throw it all away. I want to know legally if I can call them whenever and get pictures of them as well. I know this may...

    Kelly’s Answer

    A simple answer your question is that you are not the parent of these children, you have no rights. If you want to gain any rights, your will need to get a court order out of Ohio. To assess your chances of success based upon the facts you have provided, you need to talk to a family law attorney in that state. I have changes the practice area in your question to get it in front of the right type of lawyer.

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  • How do you add a name to a deed? House is paid in full.

    Parents are, dad 93 and mom 87 would like to add my name to make it easier when they are gone/

    Kelly’s Answer

    I would add to the list of unintended consequences the possibility that by putting your name on the house, they are likely to be making a gift that will trigger a penalty should either or both of them need to enter a nursing home and make application for Medicaid at anytime during the next five years. Before acting, have your parents consult with an experienced elder law attorney.

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