Skip to main content
Kelly Scott Davis
Avvo
Pro

Kelly Davis’s Answers

1,971 total


  • Hi. I am looking into the collection process in Wyoming for a property. I am a creditor.

    The property was put into corporate ownership to avoid collection, but this is a tort judgment. Is there an assignment order process that can be done in Wyoming for such a situation?

    Kelly’s Answer

    You're going to need to meet with a lawyer in person to show documents and discuss details. In addition to the AVVO Find a Lawyer tool you can also contact the Wyoming State Bar Lawyer Referral Service at 307-432-2107.

    See question 
  • We have durable/general financial and healthcare POAs on parents can we do caregiver contract to pay my sister their primary cg?

    what clause do I look for in POA? are there sample contracts that meet NH requirements? do we have to withhold income tax and report it? or can my sister take care of that?

    Kelly’s Answer

    You are fortunate that there are several good elder law attorneys near you in Manchester, NH. In addition to using the AVVO Find a Lawyer tool you can go to the website of the National Academy of Elder Law Attorneys at ww.naela.org to locate one. As has been indicated by Tate and Larry, drafting a personal care agreement is something that you really need to leave to an experienced elder law attorney if you want to avoid problems down the road with Medicaid, the IRS, and the State Department of Labor.

    See question 
  • Is it illegal for me to use mom's money to prepay her funeral?

    I am my mother's medical legal advocate, but do not have power of attorney. Her Dr says she needs to go into a nursing home. She has a type of dementia that changes her personality more than her memory. She has extra money to spend down before she...

    Kelly’s Answer

    • Selected as best answer

    If you, your mother or her ex would consult with an experienced elder law attorney I think you would learn that one of the more common tools used in Medicaid planning is the purchase of an irrevocable pre-paid funeral plan. She is going to need it sooner or later, regardless of whether she goes to a nursing home.

    See question 
  • Do caregivers of parents have any rights?

    My elderly father recently was kicked out of his house of 50 years, which was traumatic for him. There are many dysfunctional dynamics in my family, and my two brothers are extremely abusive to both my Dad and me. Their verbal abuse is severe. M...

    Kelly’s Answer

    I think your situation goes beyond just having new durable powers of attorney prepared. If you have moved into your father's apartment "to help him out," both you and he might benefit from having a personal care agreement prepared by an experienced elder law attorney. There are several good ones in your area. A personal care agreement is a complex contract that has to be in writing, but it, along with good powers of attorney, can help define the relative rights of you and your father and make sure you are properly compensated for your services. Use the AVVO Find a Lawyer tool to locate an experienced elder law attorney or go to the website of the National Academy of Elder Law Attorneys at www.naela.org.

    See question 
  • What should I do?

    Medicaid sent me an approved paper that they will pay the amount for my daughters braces. It's already been over a year now. And we (Dentist and I) have not heard anything from Medicaid yet. We have been trying to contact them. And we even dropped...

    Kelly’s Answer

    You are fortunate that there are many good elder law attorneys in the Denver area. You should schedule an appointment with one and show your paperwork. It might be a matter that can be cleared up with a phone call or letter. 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.

    See question 
  • My Dad may need Medicaid. Only asset My parents have besides car is mobile home. Can their mobile home be protected from a lien?

    Mobile home is worth approximately $50,000. They have a joint will with each other as first beneficiary and my 2 sisters and I dividing property should they both pass. I have POA. Is a special needs trust needed?

    Kelly’s Answer

    Your parents need to consult with an experienced elder law attorney regarding their options. (See my response to your second posting of this question.) Special needs trusts are only available in limited situations for persons under age 65. I would be surprised if the Medicaid office will give you much information on how to protect the asset. They generally aren't in the business of telling someone how to plan for Medicaid eligibility, only in determining whether the measures that have been worked.

    See question 
  • Is it a possibility to transfer the title of my parents' mobile home to one of children to prevent Medicaid from placing a lien?

    My parents live in their mobile home in Washington state. They are low income and qualify for Medicaid. Most likely Dad will go to a state funded facility first but mom may need this also in the future. Just wondering if ther is a way to protec...

    Kelly’s Answer

    Medicaid is the health care provider of last resort for many Americans. It is a "means" tested program for persons in need with limited assets and income. They will look-back 60 months (5 years) to see if any transfers of assets have been made. If any transfers for less than fair value have occurred, during that period, a penalty will be imposed equal to the length of time that the transferred assets could have been used to privately pay for nursing home care. That penalty will be imposed against both of your parents. There are exceptions. For instance, the personal residence is treated as an exempted asset that does not need to be sold to pay for care at least for a period of time. Only exemptions may be available, depending upon the surrounding facts. Needless to say, the rules are very complex. and do not lend themselves to DIY planning. Your parents should consult with an experienced elder law attorney about their options. One can be located in their neighborhood by using the AVVO Find a Lawyer search tool or by going to the website of the National Academy of Elder Law Attorneys at www.naela.org.

    See question 
  • Do I need a lawyer to help with a guardianship case

    My ex mother in law has guardianship of two of my children, I have several visitation rights but have not talked to or seen my children since September of 2008

    Kelly’s Answer

    The fact that you are asking this question should be answer enough. You are right to be concerned about the likelihood of your success in modifying or terminating the guardianship without the assistance of a good attorney. Don't try to do this on your own. You can use the AVVO Find a Lawyer search tool to locate a family law attorney in the city where the court sits that issued the orders that established the guardianships.

    See question 
  • About my mother who is in Virginia.

    Mother got on a Bus went to Virginia to meet and stay with a man she had never met in her life off Facebook. Found out she is not on the lease she is not supposed to be there and he has paid his rent and forged her signature and filled two checks ...

    Kelly’s Answer

    What you describe sounds like financial exploitation of a vulnerable adult. You can report the matter to Adult Protective Services in Virginia. Be sure that you provide them with the information you describe. If she wants to return, you can go and pick her up, but if she resists you may need to Petition the Court to be appointed as your mother's guardian/conservator.

    See question