Kelly Scott Davis’s Answers

Kelly Scott Davis

Cheyenne Elder Law Attorney.

Contributor Level 18
  1. Elder abuse???

    Answered about 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

    1 person marked this answer as helpful

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

    Answered about 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

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

    Answered 5 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

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

    Answered 6 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.

    Selected as best answer

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

    Answered 7 days 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...

    9 lawyers agreed with this answer

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

    Answered 2 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.

    9 lawyers agreed with this answer

  7. 2 siblings have brainwashed my 94 year old mother and have taken over financial and health care POAs. What can we do?

    Answered 6 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

  8. Is a licensed agency responsible for actions of referred caregiver who never went to home. Imposter stole and mental tormented.

    Answered 6 months ago.

    1. Denise Leydon Harvey
    2. Kelly Scott Davis
    3. Lawrence A Friedman
    4. Carol Cioe Klyman
    4 lawyer answers

    You indicate that there is a lawsuit. What does your attorney say about its status? None of us have seen the contract or the pleadings so we can't comment.

    9 lawyers agreed with this answer

  9. If it is stated in a will the person wants a ground burial but no funds are available can they be cremated in place of it

    Answered 7 months ago.

    1. Nicholas Isaac Andersen
    2. Kelly Scott Davis
    3. Anastatia Quirk Ellis
    4. Dennis Michael Phillips
    4 lawyer answers

    I person should never count on funeral instructions contained in their Will to be followed. Think about it. If you say you want buried in your Will, that document might not be found until after the funeral and if they cremate you it is too late to do anything about it. Even if you tell your wishes to all your friends and family they may forget. The safest and best way to handle your funeral and make your wishes known is to go to the funeral home and purchase a pre-paid funeral plan. The funeral...

    9 lawyers agreed with this answer

  10. Can I file a claim for caregiver fees on an Estate?

    Answered 9 months ago.

    1. Kelly Scott Davis
    2. Celia R Reed
    3. Kari Dawn Coultis
    3 lawyer answers

    In order to have a successful claim against the estate you will probably need to have had a written care agreement in place, otherwise the heirs can claim you acted out of love and affection. You need to make an appointment and consult with a probate attorney.

    9 lawyers agreed with this answer

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