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Kelly Scott Davis
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Kelly Davis’s Answers

1,904 total


  • Is there funding available for persons like my daughter who need an attorney but can not pay for one?

    My daughter is in need of an attorney and the funds to pay the attorney to help her with custody and visitation rights for her and her daughter.

    Kelly’s Answer

    You haven't provided many details, but she may want to contact Legal Aid Services.

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  • My 87 year old father is about to move from NYS to Ohio to live with me. What is the best way to handle his finances?

    He does not need nursing care now but that may be in the near future.

    Kelly’s Answer

    To the "To Do List" I would add meeting with an experienced elder law attorney to discuss the benefit of having a written personal care agreement in place now should your father ever need to transition to a nursing home. If properly written it can be a valuable tool in protecting his estate from nursing home costs.

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  • ARE LONG TERM CARE NURSING HOMES EXEMPT FROM HEALTH CARE DIRECTIVES?

    I have been advised by a Medicare Sub Contractor - Cahaba Safeguard Administrators of West Allis, WS that they were in the case of my wife's two year stay. If so, what good is a Health Care Directive without notice of exemptions?

    Kelly’s Answer

    Please restate your question. It is difficult to determine what your are concerned about from the information you have provided.

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  • Before my mother goes in a nursing home, how much money can the family take out of her account before the nursing home takes it.

    How much money can the family withdrawal from the bank so the nursing home can't come back and try to take everything ?

    Kelly’s Answer

    There is nothing in your question to lead me to believe it involves a nursing home abuse issue. Nursing homes don't "take" anyones money. They get "paid" for the care they provide. If you want someone else to pay for that care then your mother either needs long-term care insurance or she needs to qualify for Medicaid. It is very likely that the "family withdrawal from the bank" will result in rendering her ineligible for Medicaid for a period of time, not to mention it possibly being a criminal act on the part of the withdrawing family member. This is not an easy area of the law. You need to consult with an experienced elder law attorney before going any further. I have therefore changed the area under which you posted your question to elder law.

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  • Sister has entered the nursing home and needs help with her estate

    Sister owns her own home needs to find nursing home that can take care of her needs. She has very little monies to pay for this.

    Kelly’s Answer

    What you describe is the classic case of a person in need of Medicaid. This is a very complex area of the law and the rules depend upon the facts and vary from state to state. What you need to do is hire an experienced elder law attorney in the state where your sister lives. 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. It will be money well spent.

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  • My friend is on Medicaid. His brother died and there will be about $10,000 for him (there is no will). Is it legal for the

    money to go to his daughter.

    Kelly’s Answer

    I don't read your question as one regarding probate but rather as an elder law/medicaid question. The inheritance will likely result in a period of Medicaid ineligibility unless managed properly. Giving the money to the daughter may be treated as a penalty triggering gift, depending upon circumstances not disclosed in your question. Your friend should consult with an experienced MT elder law attorney to determine what options are available.

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  • Can medicaid take my auto injury settlement if they have placed no lien on it?

    I am in the final steps of a personal injury motor vehicle accident lawsuit. I have signed off on my settlement amount with my lawyer. my daughter and I receive medicaid currently and have for 4 years. they have not paid any medical bills for acci...

    Kelly’s Answer

    This isn't a Medicaid lien issue as much as it is one of Medicaid's right to subrogation. Generally your PI attorney has to report the settlement if you are Medicaid. The settlement may also render you over resourced for Medicaid benefits. The resulting ineligibility may be addressed through a special needs or pooled trust. Ask your attorney on how to proceed.

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  • DPOA Error

    My mother signed a DPOA allowing my sister and I to make decisions for her when we were in Texas - and it was notarized. Since then we've transplanted her to California (which may have even nullified the DPOA?) AND have come to realize that what ...

    Kelly’s Answer

    As Larry said, to get a reliable answer you need to discuss the matter in person with an attorney in California. With that caveat, your problem in not having a healthcare POA for your mother may not be as bad as it would be if you only had a healthcare POA and nothing to allow you to handle her financial affairs. Most states have statutory provisions allowing a surrogate such as a child to make health care decisions when no advance directive or health care power of attorney exists. The fact that your mother can not sign a POA due to her having had a stroke does not mean that she can't have someone sign it for her, provided she understands the document. I would recommend that you discuss this situation in private with an elder law attorney in California. Elder law attorneys tend to have more experience in dealing with such matters.

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  • How do we have our mother put in a nursing home when she refuses?

    She is 85, has one leg amputated, sits all day , will not take her prescription meds, will not fix food for herself, is unable to keep her finances and pay bills in order. Give her money to a son who is on drugs and refuses to go to a nursing home...

    Kelly’s Answer

    Nobody can be forced to go to a nursing home against their will without a court order. You are probably going to need to petition the court to be appointed her guardian/conservator. If she is giving your brother money, you can expect that he will object. Therefore, it is important that you hire an attorney to file your petition. Use the AVVO Find a Lawyer search tool to locate an elder law attorney near to where your mother resides.

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