Elder Law

Elder Law is a legal specialty area that focuses specifically on issues affecting the elderly. Attorneys who work in the area of elder law have specialized knowledge of the unique needs facing the senior population.

Elder Law attorneys are aware of the many physical and mental difficulties that arise as people age and they can thoroughly address their client’s needs, including any issues relating to competency.

A knowledgeable elder law attorney takes many factors into consideration when working with clients, including health issues and the potential need for nursing home care now or in the future (and the client’s wishes if or when nursing home care is needed).

The older we become, the more what ifs…

• What will happen if I have a stroke and need long-term hospitalization and extensive physical and speech therapy?
• What will happen if I am diagnosed with a long-term degenerative illness?
• Who will care for me if I cannot live on my own?
• Where will the money come from if I need to be in a hospital or nursing facility for specialized care?
• What happens if I need in-home care or Hospice?
• What exactly is the difference between Medicare and Medicaid and can I qualify for them and still have something left for my family when I die?

At Colorado Legal Counsel, LLC, we support you and your family with any aging and disability concerns. We can help make sure you have a solid plan for these and other what ifs to give you peace of mind.

Our primary goal is to advocate for the elderly so no one can take advantage or manipulate a situation to their benefit. We aim to make sure your needs and wishes are met. We will always be sensitive to your needs and emotion.

We also recognize that issues and concerns are broader than simply addressing legal needs and can help facilitate partnerships with other helpful agencies.

• Planning your estate (will and trust planning) around your current financial picture. Including discussing specific planning needs for any children or grandchildren with special needs, gift tax concerns, other estate tax ramifications and how to best protect your assets.
• Ensuring your powers of attorney for medical and financial decisions are current and reflect your wishes. Discuss what happens when your capacity to make medical and financial decisions is questioned (guardianship and conservatorship issues).
• Creating a living will to make your wishes known regarding sustained life support.
• Documenting what you would like to have happen with your remains upon death.
• Support working through any family issues and questions.
• Discuss current and future housing options.
• How to plan for a spouse who needs long term care when the other spouse does not, including qualifying for Medicaid and insurance benefits and/or Veteran’s benefits when applicable.
• Administering an estate can be daunting; we can help you make sure everything is done properly, including probate proceedings if necessary.

Considering the needs of the elderly.

While good planning is important at all stages of life, it is a must for the elderly. The legal problems of the elderly are often linked to the aging process and can include problems of incapacity and long-term health care issues. Colorado Legal Counsel, LLC assists:

• Planning for possible long-term care needs
• Locating the appropriate type of care facility
• Coordinating private and public resources such as Medicaid, to finance the cost of care
• Advocating to ensure our client’s right to quality care

Our elder law attorneys go beyond conventional issues and offer practical assistance to our clients in a number of areas, including:

• Drafting durable powers of attorney. These documents allow individuals to name a legal agent to assist them with day-to-day management of financial affairs and health care needs. Medical and financial durable powers of attorney provide an inexpensive means of ensuring seniors’ wishes are known and followed, even when they can no longer advocate for themselves.
• Health care and end-of-life directives. Through advance health care directives, one can formally state his or her feelings concerning artificial life support.
• Legal capacity counseling. A person with diminished capacity still has rights and a voice in his or her affairs. Our attorneys represent seniors, disabled adults and their caregivers when there are questions of legal capacity.
• Fiduciary representation. We represent guardians, conservators, trustees and agents under power of attorney who are responsible for a senior, minor or disabled adult.
• Public benefit counseling. We advise seniors and family members on public benefit programs such as Medicaid, Medicare, Social Security and Veterans benefits. We also offer representation during administrative hearings and appeals.
• Medicaid planning. This may include assisting with an application for benefits, the creation of a disability trust, or other steps that would allow you to qualify for Medicaid to pay for long-term care expenses.
• Estate and gift tax advice. Our attorneys can advise you on your options and reporting requirements.
• Special needs trusts. Establishing a special needs trust can help you exempt assets from consideration by Medicaid while providing needed financial support for an elderly parent or family member who has very little monthly income.
• Elder abuse. The elderly and disabled are susceptible to undue influence and abuse from family members, caregivers, nursing homes and fiduciaries who are entrusted with their care. We advise family members on how to recognize signs of elder abuse, including personal and medical neglect or financial exploitation. Our lawyers represent clients who have been victims of abuse and fiduciary malfeasance.
• Placement counseling. Seniors and disabled adults may need long-term care in a nursing home, assisted living facility, nursing facility or continuum of care facility. Our attorneys help the family with the selection of an appropriate facility, figuring out how to pay for it, and placement.