As we age, we face a unique set of legal, health, and financial challenges in Colorado that require specialized expertise and compassionate guidance. Failure to obtain this guidance and create a comprehensive plan that effectively addresses these challenges means your wishes may not be fulfilled at the time you need them most. But many people simply do not know where to start or whom to contact.

At Karen McGovern Law, LLC, our elder law attorney located in Denver and serving all of Colorado is committed to seniors as they plan for their futures, ensuring they receive the care and protection they deserve during their golden years. We will walk you through each decision so that your decision is well-informed and fully considered. Contact us today at (720)896-3533 to schedule a free telephone consultation. 

Understanding Elder Law in Colorado

Elder law addresses the specific needs and concerns of seniors. It encompasses various legal issues, including estate planning, Medicaid planning, long-term care, guardianship, and elder abuse prevention. 

• Estate Planning. Comprehensive estate plans, including wills, trusts, and powers of attorney, ensure your assets are distributed according to your wishes and help your heirs and beneficiaries avoid long delays caused by probate and legal challenges.
• Medicaid Planning. Seniors should plan for long-term care needs by developing strategies to qualify for Medicaid benefits while preserving assets for loved ones – waiting to do so means you could forgo these benefits.
• Long-Term Care. Families should consider all long-term care options, including nursing home care, assisted living, and home care to facilitate the transition when the time comes.
• Guardianship and Conservatorship. In cases where seniors are unable to make decisions for themselves, having established guardianships or conservatorships might be necessary to protect your interests.
• Healthcare Decision-Making. Healthcare decisions, especially those in our late years or end of life, are decisions we want to be able to make for ourselves, and in case of incapacity for any reason, advance healthcare directives can make sure your medical preferences are respected.
• Elder Abuse and Financial Exploitation. Seniors are a vulnerable group who are targeted for physical, mental, and emotional abuse and financial exploitation, and making yourself aware of these abuses can help you identify harm and take action to hold wrongdoers accountable.

At Karen McGovern Law, LLC, our elder law attorney provides tailored solutions to protect the rights, assets, and health of Colorado's beloved seniors.

Laws Important for Colorado's Aging Population

Elder law is influenced by various federal and state laws. Three specific federal laws that in part are very relevant to the needs and concerns of seniors include:

• Elder Justice Act, which addresses the abuse, neglect, and exploitation of older adults. 
• Older Americans Act (OAA), which supports essential services and programs for seniors, including nutrition assistance, caregiver support, and elder abuse prevention
• Social Security Act , which provides retirement benefits and disability insurance for eligible seniors, ensuring financial security during retirement
• Medicaid and Medicare, which provides health insurance and long-term care coverage for seniors, depending on their eligibility and specific needs

At Karen McGovern Law, LLC, our elder law lawyer will help you understand these laws as well as state laws that have a direct impact on what and how seniors should prepare for their futures. 

The Challenges of Elder Law in Colorado

Elder law presents unique challenges due to the vulnerability and specific needs of aging individuals. First, elder law is intricate, dynamic, and complex as it includes everything from Medicaid eligibility rules, asset protection strategies, to mental capacity assessments, which require specialized knowledge and experience. Second, the legal landscape concerning elder law is continuously changing at both the state and federal levels, requiring attorneys to stay updated on the latest regulations and court rulings to provide accurate advice.

Simply ensuring that the rules are followed accordingly is tough enough, but more importantly, aging adults must make sure their plans and strategies are tailored to their specific, unique situations. There's also the emotional side of elder law. Sensitive family dynamics must be considered, especially when addressing emotional issues surrounding health, finances, and end-of-life decisions.

At Karen McGovern Law, LLC, we take these challenges head-on. We are always on top of the changes in law and inform clients in real-time so that we can make any necessary changes so that you get the best legal advice and representation in Colorado.

Why Retain an Elder Law Lawyer in Colorado 

Elder law attorneys specialize in legal issues that affect older individuals, but you do not have to be older before reaching out to our elder law attorney. Various situations may necessitate our services.

Do you need estate planning?

You do not have to be older to start planning your estate – in fact, we recommend that you start sooner rather than later. Estate planning includes things like drafting or updating wills and trusts, establishing powers of attorney for healthcare and finances, planning for the distribution of assets, and minimizing estate taxes. The elements of any given estate plan depend on the person, their wants and needs, and their estate.

Do you need Medicaid planning?

Medicaid planning is a legal and financial strategy aimed at helping individuals or families qualify for Medicaid, a federal and state government assistance program that provides healthcare coverage to certain individuals. This planning is typically sought by people facing the high costs of long-term care, such as nursing home expenses. While Medicaid is designed to help, eligibility criteria can be complex, and individuals may need to plan carefully and structure assets to qualify without depleting all resources.

Do you need long-term care planning?

Planning for long-term care is a critical aspect of financial and healthcare planning, and it's generally advisable to start considering it well before the need arises. Long-term care planning can involve nursing home care, long-term care insurance options, and the development of strategies to protect assets while ensuring quality care.

Has an immediate family member become incapacitated?

Old age can lead to diminished mental capacity, like dementia or Alzheimer's disease, or physical incapacity due to severe physical illness or disability, and when that happens the individual may not be able to care for themselves or handle their own health and financial matters. This situation may lead another individual, like a family member or an organization, to seek legal authority (through guardianship or conservatorship) so that they can make decisions on behalf of the incapacitated or vulnerable elderly individual.  

Should you take steps to protect yourself or a loved one from financial exploitation?

Financial exploitation of the elderly is significant. Being proactive and consulting with our elder law attorney can (1) help you identify red flags and (2) plan your finances and protect your assets. 

Do you or a family member have special needs?

Whether it is you with a special need (e.g., disability or mental health issue) or a child (minor or adult child) with a special need, proper planning can help make sure you or your loved ones are protected. What that protection means, however, depends on the unique circumstances of your situation. Like all things with elder law, it is best to prepare now rather than later when it might be too late.

Do you have real estate? 

If you have real estate, then estate planning is particularly important. You should not wait until you are old and retiring before making an estate plan.  Part of elder law is handling property transactions, like selling or transferring real property. Depending on your circumstances, a real estate sale might be best while in other circumstances, placing the property in a trust might be best. These things may also influence your Medicaid eligibility.

Do you have specific end-of-life preferences?

Speaking with your healthcare provider is important in terms of specific end-of-life decisions, like Do Not Resuscitate (DNR), Do Not Intubate (DNI), and Allow Natural Death (AND) orders reflect your values and wishes. At Karen McGovern Law, LLC, our elder law attorney can help, too, by providing guidance on advance healthcare directives and living wills. 

Why Choose Our Elder Law Attorney in Colorado

At Karen McGovern Law, LLC, we are committed to each of our clients. As it is, we have families, too, and understand the need to keep ourselves and families safe, healthy, and protected. We are also not getting any younger, and so we know the importance of planning so that we can retire knowing that all of our legal, health, and financial matters are in order in case something happens.

Further, knowing that these types of matters are very personal, we provide innovative, comprehensive solutions that are also personal – tailored to meet your unique needs. We develop strategies to protect your assets while, if applicable, helping you qualify for government benefits and long-term care services.

Ultimately, we act as an advocate for seniors. We take a holistic approach to elder law to make sure your wishes are respected in all legal, health, and financial matters. Our aim is to ensure you obtain some peace of mind in knowing that your future is secure and your rights are safeguarded.

Contact an Elder Law Attorney in Denver

At Karen McGovern Law, LLC, we are committed to providing comprehensive legal guidance, personalized solutions, and strong advocacy for seniors and their families. Contact our elder law attorney in Colorado today by calling (720)896-3533 or filling out the online form. We will schedule a free telephone consultation so that you can secure the care and protection you deserve during your golden years.