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Kelly Scott Davis
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Kelly Davis’s Answers

1,923 total


  • Diabetic coma & not seeking emergency help.

    Family will not call for emergency services when father is in diabetic coma. Are there any legal ramifications about this? What if he dies & no medical aid was rendered?

    Kelly’s Answer

    You can report the matter to Adult Protective Services. They will keep your name confidential. But if he is in a coma, why aren't you calling 911?

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  • I need a disability lawyer but I was working with myler and they dropped me as a client right before the hearing

    Previous lawyer did not help me collect any evidence or help me in anyway. My case was denied due to one of my diagnosis was not submitted and my primary care provider is a family nurse practitioner. Getting a referral to see a Md right now. Can p...

    Kelly’s Answer

    It sounds like you are asking about a Social Security Disability claim. I have redesignated the practice area on your question to Social Security law to get it in front of the right type of attorney.

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  • Trying to get custody of my 12 yr old daughter in California. I'm in Wyoming. How do I find a lawyer who can help me.

    My daughter is very unhappy living with her mother. They move every couple of months and her mother refuses to give me a physical address . I haven't been able to see my daughter is 4 years. Do I need a lawyer who can practice in both states ?

    Kelly’s Answer

    You will need to modify the custody order. Contact your old attorney from the original custody or divorce action or use the AVVO Find a Lawyer search tool to locate a lawyer in the state when the custody order was issued.

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  • Medicare/Medicaid and life insurance, who does it work?

    My dad is 56, works part time at Macdonalds. he has a gold card, no medical insurance. If he gets medicaid or medicare in the future, can the government take the funds from his life insurance policy after he's deceased?

    Kelly’s Answer

    While it is not asked in your question, if the insurance is a whole life policy, as opposed to term, its mere existence could prevent if from qualifying for Medicaid if its cash value is over $1,500.

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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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