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Kelly Scott Davis
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Kelly Davis’s Answers

1,971 total


  • Will her disability and medicare/Medicaid be in jeopardy if she receives this money?

    My 57 year old niece, who is terminally ill and receives social security disability as well as medicare and Medicaid, is about to inherit $20,000.00 from her deceased father's trust. She would like to use the money to purchase a used and small tr...

    Kelly’s Answer

    Your niece could establish an account for herself in a "pooled trust" and then assign her inheritance to that separate trust account. For persons under age 64 such transfers do not result in a penalty for Medicaid eligibility and would allow the funds to be used for her benefit without disqualifying her from Medicaid for being over-resourced. It would give her some time to find the right home.

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  • My brother, who I haven't spoken to in years has accused me of Elder Abuse which is CATEGORICALLY false, and I can prove it

    My brother, who's a vengeful person had a letter from his lawyer sent to me with outrageous accusations of elder abuse. I haven't spoken with him in 7+ years. My father has a relationship with my brother thats more like a best friend, than a son. ...

    Kelly’s Answer

    I don't practice law in WA, but I know that in many States maliciously filing a false report with Adult Protective Services is a criminal act. Right now I have to agree with the advice that has been given. Since they could be setting you up, it would be folly for you to try to respond to your brother's attorney without first consulting with an attorney of your own in private. How do you know you can't afford a attorney unless you ask?

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  • Why is it "legal" for a trust attorney to draft a trust, giving the trustee all kinds of powers, when the courts won't allow it?

    I'm a trustee. Through my Mom's wishes, beneficiaries ideally will not get a dist. of principle but only a dist. off the income generated from investments. The trust gives me full discretion to invest and to distribute principal or income. Con ar...

    Kelly’s Answer

    I agree with Steve Zelinger. It sounds like you need to talk to an attorney who does special needs trusts. These are complex instruments in which the trustee is granted discretionary authority to make distributions that "supplement but do not supplant" public benefits. This area of law is not familiar ground to most attorneys but elder law attorneys deal with the issues. You should use the AVVO Find a Lawyer search tool to locate an elder law attorney near you or go to the website of the National Academy of Elder Law Attorneys at www.naela.org or google the Academy of Special Needs Planners.

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  • Is it possible to revoke a Power of Attorney? Do you need to file an injunction with an attorney?

    I have been told that a person I don't know has been appointed as POA in my cousin's will. My cousin had severe dementia and my not have been of sound mind when this was done. This person will not tell me the name of the attorney hired by my co...

    Kelly’s Answer

    You are fortunate to have a member of the National Academy of Elder Law Attorneys in Montrose. Give Lincoln Anderson a call at 970-318-1228. I have worked with him in the past on a matter.

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  • Question concerning elderly parent and Power of Attorney.

    There are 3 siblings, two sisters and one brother. The elderly mom lives with the son by choice but he is not taking care of her properly and her health is failing and her money is not being spent on her. Adult Protective Services says that their ...

    Kelly’s Answer

    This is not a health care question. I have changed the practice area to "elder law" to get your question before the right type of attorney.

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  • Getting power of attorney?

    My brother is 59 and a paraplegic he has abuse drugs so bad that he is in the hospital and has completely lost his mind and is very mentally ill. The problem is my father is still alive and because he thought he would go first put his house in m...

    Kelly’s Answer

    A power of attorney is not something you "get." It must be given and in order for your brother to give your father his power of attorney your brother must be competent. You say your brother "is completely incompetent and out of his mind." If this is true you have your answer. Your father or you will need to petition the court to be appointed as your brother's guardian/conservator. Since his actions seem rather erratic (which in and of itself is not an indication of incompetency) expect him to contest the appointment. If you have any hope of success, you will need an experienced attorney. I recommend using an elder law attorney as they are generally more familiar with the issues this will involve.

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  • How does someone get executiveship on a relative that has passed away?

    My sons mom recently passed away.he found out that she had a pension that he is possibly entitled too. In order to process his claim they are saying he needs to apply for executive ship..

    Kelly’s Answer

    To get appointed as executor by the court a probate will need to be opened, but depending upon the size and character of the estate it may only be necessary to use an affidavit or perhaps just a verified claim. You or your son if he is not an adult should schedule an appointment with a probate attorney to discuss in private how best to proceed.

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  • I need help finding an address for my brother in law. who can help me? I have to file an exparte conservator ship in Claifornia

    My brother in law got my mother in law to give him power of attorney over her estate. I have video proof that she was not in her right mind. He took advantage of that and took advantage of her. We had been given a house from my in laws in a living...

    Kelly’s Answer

    If you suspect that your brother is financially exploiting your mother, you should report the matter to Adult Protective Services. They will investigate. From the fact statement you have provided I would strongly recommend that you hire an attorney and not try to do this on your own.

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  • Need to find out if my dad can use a living trust or similar trust to divert funds to qualify for medicaid waiver at clinic.

    84 year old dad wants to sign up for clinic in Florida where he resides. Receives monthly pension of $802 & SS of $1,455= $2,257 which is $157 over the $ 2,100 income limit. Clinic covers all his medical/prescription needs as long as his monthly i...

    Kelly’s Answer

    As Attorney Pippen has stated, what your father needs to become income qualified is called a "Miller Trust." It is a fairly common tool. Special needs trusts are used when a person has too many assets to qualify for Medicaid and are very complex. I don't practice in Florida, but in most states special needs trusts are only available when the intended Medicaid recipient is under age 65. Your question does not indicate an "over-resourced" issue. You should consult with an experienced elder law attorney as they are the ones most familiar with Medicaid law. Use the AVVO find a lawyer tool to locate one near you.

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