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Kelly Scott Davis
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Kelly Davis’s Answers

1,923 total


  • Can my mothers doctor force her out of her home. she is 83

    mothers 83

    Kelly’s Answer

    You really haven't provided enough information to give meaningful advice. Generally, if in the doctor's opinion your mother's continued residence in her home is a threat to her health, safety and welfare, he can and may be required to report them matter to Adult Protective Services. They will investigate the situation and if they agree an involuntary guardianship action may be commenced. Then it would be the court who orders the removal. You should schedule an appointment with an elder law attorney near your mother's hometown to discuss the situation in private.

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  • What will i need to get a motorcycle left my my dad when he passed way

    My sister has it at this time as well as the death certificate

    Kelly’s Answer

    It doesn't just magically happen. There is a lot more to it then dad having died. As Jacob states, much more information is needed to answer your question, but assuming that your father lived in Wyoming and only his name is on the title and his estate is under $200,000 and does not contain any real property, after dad has been dead for 30 days, proven by his death certificate, title can be transferred in equal shares to all of his children. You will then need to get your sibling(s) to transfer their interest in the motorcycle to you. Rather than trying to do it on your own, you would be well advised to work through a probate attorney.

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  • False report to police considered elder abuse?

    I am 75 years old. My daughter and I are having a dispute over how I am handling my affairs. The other night I went out to friends to a local restaurant for drinks and dinner. She called the police claiming that I had just had surgery and couldn't...

    Kelly’s Answer

    Attorneys Shields and Karamaros are giving you good advice when they suggest that you visit with an elder law attorney regarding your will, trust or powers of attorney sooner rather than later. Having a good power of attorney in place can avoid the need for a guardianship/conservatorship and at least in some jurisdictions you can state who you might want or not want serving as your guardian/conservator should the need ever arise.

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  • Can a Judge grant Medicaid coverage over Private insurance?

    I'm headed to mediation and my ex gave advised that in order to save on deductibles and copay I should move my two dependents to his Medicaid plan. I also want to save money but he is claiming for Medicaid and is lying about his income Will a cou...

    Kelly’s Answer

    Medicaid is a payor of last resort meaning private insurance pays first. Heed Attorney Johnson's warning. People don't get it rouble reporting the facts. They get in trouble when they try to hide information.

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  • Is the a statue of limitation on Forgery and theft over $20,000 worth of jewerly

    I am elderly and disabled. I lost my son in a fire. And this person took full advantage of my grief

    Kelly’s Answer

    In spite of your age and disability, yours really isn't an elder law question. I have changed to practice area to criminal to get it in front of the right kind of attorney.

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  • Person on medicaid receives 75K. Is it best to roll off Medicaid....use up money...then go back on Medicaid?

    Person is in nursing home. Money is from relative that passed away.

    Kelly’s Answer

    Determining what would be the appropriate action to take in this case depends upon facts that are not provided in your question. Medicaid planning is a very complex area of the law and the solution to be applied in one case may not be appropriate in another. Yes, a person can roll off Medicaid and just spend the money down on nursing home care, but is that the best solution or is it just the easiest? To me doing so would be just throwing the money away without obtaining any benefit for the individual. The money spent consulting with an experienced elder law attorney who could explore the facts and options would be money well spent.

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  • Revoking StepMother named first DPOA and Sister named Second DPOA over Father after stroke and Dementia.

    My StepMother and Sister are first and second DPOA over my Father. He is unable to make financial/medical decisions. My StepMother will not disclose the finances. She is unable/unwilling to pay Bills in a timely fashion and is paying late fees/...

    Kelly’s Answer

    You have mentioned that the agent under the DPOA has failed to provide you with an accounting. Unless the document requires an accounting to persons other than the principal, your father, you have not right to that information. Your choices then are to petition the court for a guardianship/conservatorship under which the mishandling of funds could be raised, or you can report the matter to Adult Protective Services. They will investigate the matter and you still may end up needing to petition the Court for a guardianship/conservatorship.

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  • Is there an attorney for the elserly

    Need to put together a family limited estate

    Kelly’s Answer

    Do you mean a family limited partnership? Why do you think having a FLP will solve the problems you are facing? The best advice has already been given. Find an experienced elder law attorney using the tools and sites that have been provided, make an appointment to sit down and discuss the issues your are having. An experienced elder law attorney will not only be able to determine whether a FLP is even appropriate, they should be able to offer other reasonable solutions.

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  • My 86 yr old mother with demintia, has an income of approximately $4100 per month, will she be eligiblble for medicaid in ny?

    1994 put home in life estate for 3 daughters,has 50% of one daughters home , can you transfer part or remaining interest to help qualify for medicaid

    Kelly’s Answer

    If you schedule an appointment and meet face-to-face with an experienced elder law attorney, you will discover that most likely there is something that can be done. Unfortunately you will need to provide much more detailed information to the attorney than can possibly be given in this Q&A forum. To locate an elder law attorney near you use the AVVO Find a Lawyer search tool or go to the website of the National Academy of Elder Law Attorneys at www.naela.org.

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  • Can my sister who is appointed power of attorney for my 92 yr old dad take his car away legally?

    sis has main power of attorney,I am backup he has alzheimers and refuses to stop driving is 92 I have his car tracked by gps in real time but we need to keep him from driving pretty soon,

    Kelly’s Answer

    You are facing a common problem. When to take the keys away. Your father may not recognize the risks to himself or others. Like many seniors, to him the car may be more of a symbol of his independence. That won't help if someone gets hurt. I suggest you go to the AARP website and view the "We need to talk" video on when it it time to stop driving and techniques that may help. The link to that video is www.aarp.org/home-garden/transportation/we_need_to_talk/. Good luck.

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