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Kansas Health Care Law Questions & Answers
1 Answer | Asked in Elder Law and Health Care Law for Kansas on
Q: Can you get a power of attorney removed when they are not taking care of the persons best interest?

My aunt and cousin have dual power of attorney of my grandma and my cousin is making decisions(medically and financially) not in the best interest of my grandma. What can we and my aunt do to take control and take care of grandma?

Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 28, 2021

Yes, as long as your grandmother still has legal capacity (she knows what she is doing), she can revoke the prior POA and appoint someone else. If she does not have capacity, then no. You would have to file a guardianship suit (here in Louisiana we call this "Interdiction") to care for... Read more »

1 Answer | Asked in Elder Law and Health Care Law for Kansas on
Q: Am I Legally bound to pay the invoice received from County for emergency services used by my Father in law?

My father in law had a medical emergency while he was visiting me in January 2020 and my wife has to call 911 to take him to hospital, He returned back to India in March 2020. We provided his Travel Insurance details to the hospital, but now after 6 months, I received an Invoice from County to pay... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Jul 26, 2020

It is not unusual that the person calling an ambulance is not the person needing the ambulance. The person needing the ambulance is typically liable based upon implied consent. The person is having a medical emergency and it is implied by the circumstances that the person would want an ambulance... Read more »

2 Answers | Asked in Health Care Law and Tax Law for Kansas on
Q: I signed up for ACA health insurance when I was unemployed, early in 2018. Then I landed a job with insurance. Now I owe

15 k to IRS and 8k to is. HELP! I am 65 with no savings. I work full time.

D. Mathew Blackburn
D. Mathew Blackburn answered on May 1, 2019

You likely received a subsidy and then had income that exceeded the allowable amount under the subsidy.

Go to and pull forms 9465, 433F, and 433D. Fill them out and mail them in and mail the first two payments, the third should be auto debited from your account.

Or hire a...
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1 Answer | Asked in Business Formation, Products Liability, Federal Crimes and Health Care Law for Kansas on
Q: Are stores legally allowed to sell CBD oil to customers without a medical marijuana license?

I thought you needed a license to purchase CBD in MO because of the law that passed in 2014. I've been seeing CBD stores stating it's not needed to purchase the products. Is this legal? I don't want to get into trouble for purchasing.

Peter N. Munsing
Peter N. Munsing answered on May 29, 2017

If they are online that is different, but you could have issues by getting it in the mail from them. If they are in state, you need to contact whoever licenses such businesses.

1 Answer | Asked in Divorce, Estate Planning and Health Care Law for Kansas on
Q: Can I divorce my wife, but then live with her for more than 5 years in order to protect assets from Medicaid look back?

I have stage 2 Parkinson's. My wife and I have discussed divorce as a means to protect our limited assets from being absorbed by my future long term care needs. Our thinking is divorce now and then hope I don't need any long term care for more than 5 years from now, at which point apply... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Apr 27, 2017

There are ways to separate your assets without divorce, and protections for a 'community spouse' that will not force her into penury because of your illness.

You need to speak to a qualified local elder planning attorney to determine what you should do. Divorce is usually NOT a...
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