Kelly Scott Davis’s Answers

Kelly Scott Davis

Cheyenne Elder Law Attorney.

Contributor Level 18
  1. How do I move Kim's money so that she will get va benefits and Medicare asst. without them taking it all

    Answered 10 months ago.

    1. Kelly Scott Davis
    2. Inga L Stevens
    3. Lawrence A Friedman
    4. Clifford Michael Farrell
    5. Vance Tate Davis
    5 lawyer answers

    Medicaid, not Medicare, should be your concern. Medicaid is a means tested program, meaning that a person can only have a limited amount of resources in order to qualify. You need to talk in private with an elder law attorney who does Medicaid planning in your mother's state to get advice and have the options explained. .

    9 lawyers agreed with this answer

  2. What documents do i need to attach to my power of attorney?

    Answered 11 months ago.

    1. James Donald Garrett
    2. Joseph Michael Pankowski Jr
    3. Kelly Scott Davis
    3 lawyer answers

    If you don't know any attorneys in Israel, contact the Israeli embassy.

    9 lawyers agreed with this answer

  3. What can I do if I think my ex-sister-in-law took advantage of my elderly mother and stole some property from her?

    Answered 11 months ago.

    1. Lisa Beaird Shoalmire
    2. Kelly Scott Davis
    3. Adam Nelson Rieck
    3 lawyer answers

    It is up to your mother to pursue your sister-in-law since it is your mother who is being harmed. If she is unable to due to incompetency, then a guardianship will need to be filed. The issue will be whether the transfer was intended as a sale or a gift. Hopefully there was some documentation to show the intention that the property was being sold. If your mother suffered from diminished capacity when the transfer was made, or if she was exploited or otherwise defrauded into the transfer, then...

    9 lawyers agreed with this answer

  4. When a parent goes to a long term care facility how does the family protect their assets and pay only minimal taxes on them?

    Answered about 1 year ago.

    1. Frank Louis Buquicchio
    2. Edwin Drantivy
    3. Dagmar Pollex
    4. Kelly Scott Davis
    4 lawyer answers

    Often the family has to decide whether taxes or preserving the estate from nursing home costs are are more important. You may be able to have one, but not the other. The critical facts that need to be disclosed to an elder law attorny are how much fixed income does your parent have and how much and for how long does the long term care policy pay.

    9 lawyers agreed with this answer

  5. How do i get full ownership of a house that is in my name and my mothers name with four other siblings involved?

    Answered about 1 year ago.

    1. Joseph Michael Pankowski Jr
    2. Kelly Scott Davis
    3. Lawrence A Friedman
    3 lawyer answers

    Even if she wants all the other kids to have the house, all she owns is 1%. Depending upon what the power of attorney says, if your mother can't act on her own behalf, you can either buy out her 1% interest or it can be gifted to you, but be careful. If you exceed your authority under the power of attorney you could be accused of exploitation. Since she will be moving to an assisted living facility and may in the future need Medicaid, there is a particular high risk of having problems arise....

    9 lawyers agreed with this answer

  6. I need advice on estate planning, wills and trusts.

    Answered about 1 year ago.

    1. James A Littlepage
    2. Kelly Scott Davis
    3. Christopher Daniel Leroi
    3 lawyer answers

    As Attorney Littlepage states, neither a Living Revocable Trust or a Will enables you to protect assets from a Medicaid lien. While an Irrevocable Trust might work for Medicaid protection, provided it is established more than five years before you make application, the terms and conditions that are required are so onerous and restrictive that most people don't want to give up that much control. One of the simplest and best tools for protecting your assets from Medicaid recovery is a durable...

    7 lawyers agreed with this answer

  7. We need a will, DNR and medical power of attorney.

    Answered about 1 year ago.

    1. Kelly Scott Davis
    2. Christopher Daniel Leroi
    3. John W Weaver
    4. Dennis Edward Valentine
    5. Michael A Kirtland
    6. ···
    6 lawyer answers

    Estate planning for merged families is always a tricky issue. There is always the chance that he could remarry and your children would be cut out of the estate. The two of you need to sit down with an experienced attorney to discuss your goals and how to achieve them. It is important to get it right.

    7 lawyers agreed with this answer

  8. Can the sibling with Med. POA order med. staff not to share info. about hospitalized father with his adult other children?

    Answered 7 months ago.

    1. Kelly Scott Davis
    2. David B. Carter Jr.
    3. Michael Leo Potter
    4. David J. Hutchinson
    4 lawyer answers

    It doesn't matter what your father said. It's what he put in writing that controls. It is possible that the POA document he signed does not waive the physician/patient privelege. If so the son with the POA may not be in a position to give out this information. The son with the medical power of attorney may not be responding to your calls, emails, or text messages, but have you tried having your lawyer write him a letter?

    Selected as best answer

  9. My mom has her few assets in an "estate". She needs to go into assisted living. Can they take her "estate" for payment?

    Answered 11 months ago.

    1. Geneva Nicole Perry
    2. Evan H Farr
    3. Kelly Scott Davis
    4. James P. Frederick
    4 lawyer answers

    As has been pointed out, estate planning is a little different from Medicaid planning. In estate planning we worry about transferring assets upon death. In Medicaid planning we worry about paying for long term care. At the time the estate plan was prepared, long term care and Medicaid may not have been the promary concern, but since your mother went to an elder law attorney I would expect that some language and documents are included in the estate plan that allow the client to shift from an...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. My mom was put in a nursing home to let an ulcer heal on her foot, while she was in there her stump broke down.

    Answered 11 months ago.

    1. Ruth Elaine McMahon
    2. Kelly Scott Davis
    3. Justin Eric Elder
    4. Joseph Michael Pankowski Jr
    5. Bryan Daniel Doran
    6. ···
    6 lawyer answers

    I agree with the advice given by my colleagues. In the meantime you may wish to contact the Senior Ombudsman. If you report your mother's care to Adult Protective Services the nursing home may require that she be moved to another facility "to keep her safe."

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

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