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Kelly Scott Davis
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Kelly Davis’s Answers

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  • My Mother is 77 years old and wants me to take her power of attorney to cover everything money wise to medical

    We need to know where to find free papers to download and print for Maine?

    Kelly’s Answer

    I really like it when people that try to avoid spending a very little on an attorney bring in Do-it-Yourself powers of attorney that they downloaded off the Internet. Usually they are coming in because they have found out that the documents they have don't get them to where they want or need to be. By then it is often too late to do anything easy to correct the situation (like draft powers that will work) and the cost in attorney fees to fix the problem far exceed the original cost of attorney prepared POAs. Do yourself a favor and take your mother to an experienced elder law or estate planning attorney. Don't be penny wise and pound foolish.

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  • Can an elder person assign all financial responsibilities to an agent in a Power of Attorney Agreement?

    To clarify, can the elder person agree to give-up the right to manage their own money (e.g., write checks or make withdrawals)? I am asking this because my grandfather is somewhat incapacitated -- he has days when he is incoherent. He's very ...

    Kelly’s Answer

    Your question is much more complicated than you may imagine, particularly when you state that your grandfather is "somewhat incapacitated." There are options like irrevocable trusts that would achieve your goal, but they come with a price should he need long term care in the future. Depending upon the level of his competency, any action he takes may or may not be voided. You might also find Adult Protective Services getting involved. You really need to sit down in private with an experienced elder law attorney to figure out the best course to pursue. It will be money well spent. You can locate one by using the AVVO Find a Lawyer search tool or going to the website of the National Academy of Elder Law Attorneys at www.naela.org.

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  • What kind of trust fund will fulfill my needs stated in the details below? What kind of attorney can help me set it up?

    I was advised by my caseworker to open up a trust fund so I can move some $$ out of my bank. She said I will then be able to continue receiving assistance from the state with my Medicare part B premium. It turns out that though I do qualify fo...

    Kelly’s Answer

    It sounds like the caseworker is recommending a special needs trust. Depending upon how much you are talking about, you may be looking at a pooled trust which is a type of special needs trust. The advantage of using a pooled trust is that the trust document has already been written and you are just establishing an account that is governed by that instrument, thereby saving you the expense of hiring an attorney to do the drafting. A consultation with an experienced elder law attorney would well be worth the cost in figuring out which way to proceed.

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  • Is it acceptable for a nursing staff to collectively be incompetent from the presiding physician and Director of nursing down?

    Type I Diabetes involves really basic concepts and plans of action to effectively manage the disease of 1 man!Generally a Dr creates a "sliding" scale to follow Check the blood sugar,get the result prepare an injection matching the scale WHICH MUS...

    Kelly’s Answer

    • Selected as best answer

    While my colleagues are correct in saying that you need an attorney, while that process runs it's course, it must seem like the nursings staff is trying to kill you. If you have been type I for 42 years, it would probably be safe to say that you know more about handling your disease than anyone else, including the nursing home doctors, nurses, and dieticians. The sliding scale that is used works well for newer diabetics but not for those who are seasoned and may have a higher insulin resistence. I would suggest that you contact the senior ombudsman about getting relief. You should be able to find the number posted on a bulletin board at the facility or you can google it.

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  • 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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