The conservator may be responsible for paying bills, managing investments, and handling all other financial affairs. A conservatorship may be appointed if an individual has substantial assets or is at risk of being financially exploited.
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guardianship, on the other hand, is a legal process whereby an individual's civil liberties are transferred to a guardian to exercise decisions regarding health and welfare on behalf of the individual. This includes making decisions about issues like medical treatment and living arrangements. There are several reasons why one might seek guardianship. If an individual is no longer able to make sound decisions regarding their health or personal care due to age, illness, or disease, a guardianship may be appointed. An individual may also be appointed a guardian if they suffer from abuse, neglect, or mental health issues impacting their decision-making ability.
Establishing a guardianship requires the filing of a petition with the court, notifying all involved parties, and attending a hearing to prove that the individual is incapacitated and in need of a suitable guardian. The court will determine if guardianship is necessary, and, if so, will appoint an individual who they believe will act in the best interests of the ward.
Choosing a suitable guardian or conservator is an important decision that could have long-term impacts on the ward and other individuals involved. It is important to make sure that the guardian or conservator is a trustworthy and dependable person who is willing to act in the best interests of the ward. The elder law attorneys at Evans Case are able to provide invaluable legal support and advice that seeks to ensure the well-being of everyone involved throughout the guardianship or conservatorship process.
Long-term Care Planning
Long-term care planning is the process of financially planning for the costs of necessary care for older individuals and those with illnesses or disabilities. Different kinds of long-term care options include in-home care, assisted living facilities, nursing homes, and more. The experienced team of elder law attorneys at Evans Case can offer guidance and support to decide which option may be best for you or your loved one. Working with a seasoned elder law attorney will help ensure that all of your needs are met without exhausting all of your financial resources.
In-home care is a favorable option for those who wish to remain independent, but still receive assistance with things like personal care, medical treatment, and maintaining their home. There may be insurance policies in place that can help cover the costs of in-home care, assisted living, and nursing homes. Assisted living facilities provide a comfortable environment for elderly or incapacitated individuals who have access to personal care services and social gatherings. Nursing homes offer a similar level of care, though they also offer around-the-clock medical care and supervision.
The cost of care can be substantial and choosing the right style of care and finding a suitable fit can be complicated. The elder law attorneys at Evans Case are prepared to help you and your family evaluate your options and establish a long-term care plan that meets your needs. If you are seeking legal support to help plan for your future, come see why Evans Case is one of the most trusted elder care law firms in Denver.
Estate Planning for Seniors
One of the most important aspects of elder law is the process of estate planning. For individuals who are getting older, managing an estate and making sure that all assets are properly distributed after their death starts to become a more pressing concern. Evans Case offers top tier legal assistance and estate planning services, including creating wills and trusts.
A will is a legal document that specifies how an individual would like to distribute their assets after death. Wills must go through a court-supervised legal process called
probate. In order for a will to be valid in the state of Colorado, it must be in writing, signed by the testator, and witnessed by at least two individuals who are not beneficiaries of the will. A will gives you the opportunity to decide how you would like to split up your assets, money, and property after death. You will be able to name an executor in your will to handle all financial responsibilities and manage your estate. A will also allows you to provide guardianship for any minor children you may have and name a trustworthy guardian to look after them.
Evans Case is also able to offer assistance to clients in creating the appropriate trusts to help meet their estate planning needs. A trust allows an individual to manage and distribute their assets while they are still alive and also typically does not require probate. Trusts also offer a more private way of distributing assets as opposed to wills, which become public record after the probate process. There are different types of trusts, mainly revocable and irrevocable trusts. A revocable trust is able to be modified during the grantor’s lifetime, whereas irrevocable trusts cannot be changed. Irrevocable trusts often provide greater tax benefits and asset protection.
Living wills and health care directives are also important legal documents that specify what medical treatment an individual would like to receive if they become incapacitated and are not able to clearly communicate their medical decisions.
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power of attorney is another legal document that gives a designated person the power to act on behalf of the grantor in legal and financial matters. There are several different types of POAs, including a general power of attorney, durable power of attorney, limited or special power of attorney, and medical or healthcare power of attorney. It is important to select a trustworthy and reliable individual as your POA or agent in these situations who understands your best wishes and acts in your best interests.
Evans Case is able to help individuals understand and make difficult decisions and help you plan for your future. Estate planning is an important process for seniors and is imperative for making sure that your assets are protected and appropriately distributed. It is also essential to have trusted agents act on your behalf, both medically and financially, if you are able to do so. The team of elder law attorneys at Evans Case is well prepared to help you take on the challenges of estate planning. Call us today for a free consultation and see how we can help you plan your future.
Tax planning for seniors
Aside from estate planning, tax planning is an essential process, especially for seniors and older individuals who have substantial assets or income. Proper tax planning can help minimize taxes and preserve wealth. Understanding the implications of income taxes, estate taxes and inheritance taxes can help you make informed decisions about asset management and distribution. Seniors are generally eligible for more tax benefits and deductions, including medical expenses that exceed a certain percentage of their gross income. Certain retirement incomes, like social security, may be either partially or fully exempt from being taxed, depending on an individual’s income.
Some individuals may reduce their taxable income by giving sizable gifts, setting up trusts, or donating to charity. These can all be effective ways to protect your assets and receive tax advantages. Giving gifts can be a useful way to avoid estate taxes, and charitable donations also provide beneficial tax deductions while going to a great cause.
The elder law attorneys have experience helping older clients plan their finances and develop strategies to plan taxes and meet their estate planning goals. Call Evans Case today to see how we can help set you up for success and manage your finances effectively.
Medicaid Planning
Medicaid is a program that provides healthcare to lower income families and individuals, particularly seniors who require long-term care. Qualifying for Medicaid can be difficult due to the income and asset limits. Our team of elder law attorneys offer Medicaid planning services to help seniors protect their assets and receive their necessary benefits.
The eligibility requirements for Medicaid in Colorado include specific income and asset limits. A skilled attorney will be able to assist in developing strategies to legally reduce an individual’s assets to help them meet the requirements. It is a process that requires careful planning and consideration to prevent any potential penalties that may delay or exclude you from receiving benefits. This can be done by making asset transfers or setting up irrevocable trusts.
If you need assistance in the Medicaid application process, the elder law attorneys at Evans Case can help prepare and submit paperwork and applications, ensuring that you have access to the benefits that you deserve.
Special Needs planning
Financial planning can become challenging for families that include members with disabilities. Special needs planning is a specialized process aimed at ensuring a secure financial future for individuals with disabilities.
Special needs trusts exist to help provide for the care of disabled individuals without affecting their eligibility for government benefits. These trusts are meant to be supplemental rather than replace benefits like Medicaid and Social Security.
There are different types of special needs trust that may work best for you and your family:
- First-party trusts: These trusts are funded by the disabled individual’s assets. This typically involved a large sum of money received either through a settlement or inheritance.
- Third-party trusts: These trusts are funded by family members of the disabled individual or other third parties.
- Pooled trusts: This is a trust managed by a nonprofit organization that combines the resources of multiple beneficiaries to provide for their care and support.
Social Security and Retirement Benefits
Social security is a program that provides income support for retired workers and disabled individuals. The amount of benefits that you are able to receive through Social Security depends on the amount of time worked and the age at which you begin to claim benefits. Our elder law attorneys are skilled at providing valuable legal advice to help you optimize your Social Security benefits.
Veterans Benefits
Veterans and their families are often eligible for a wide variety of benefits. This includes things like pensions, healthcare, and disability compensation. These benefits can go a long way in assisting a veteran in their long-term care and financial planning needs. If you are a veteran or the family member of a veteran, call Evans Case today to see how we can help you plan for the future and secure the support and benefits that you deserve.
Elder Abuse
Elder abuse can come in many forms, including psychological, emotional, physical, and financial abuse. Whether done intentionally or out of gross negligence, inflicting any kind of harm against the elderly is a serious issue.
Physical abuse includes any force that causes injury, pain, or impairment to another individual. Signs of physical abuse are bruises, abrasions, and, in more serious cases, broken bones. This can also include instances of sexual abuse or any nonconsensual activity that results in harm to the elder.
Emotional or psychological abuse can include any verbal or non-verbal action that results in emotional pain, distress, or fear. In cases involving elderly individuals, this typically involves threats, social isolation, intimidation, and more.
Financial exploitation is perhaps one of the most common forms of abuse against older individuals. This involved the improper use of an individual’s funds or assets, typically gained either through deceit or manipulation. This can include unauthorized withdrawals from the elder’s bank account, coerced financial transactions, or unusual changes to wills.
Neglect is another form of elder abuse that is often overlooked. When a caregiver fails to provide basic care to an elder, it can often result in harm. Oversights like failing to provide food, water, proper hygiene or medication to an elder are all examples of elder abuse.
Similarly to neglect, abandonment is also a severe example of elder abuse. When a caregiver or individual completely abandons an elder without providing them with the necessary support, it is considered elder abuse.
It is important to familiarize yourself with the signs of elder abuse, particularly in instances where the elder is unable to communicate their concerns for any reason. Keep an eye out for any physical signs of abuse, changes in attitude, unusual financial activity, and emotional issues like fear, anger or confusion. Elder abuse is a serious and exploitative issue that can significantly impact one’s life. If you or a loved one has been a victim of elder abuse, or you suspect that they have been victimized, give Evans Case a call today. Our elder law attorneys are prepared to provide compassionate and resolute legal support to victims and their families. We are committed to ensuring the safety of older individuals and vulnerable people. Do not hesitate to reach out if you have any questions or concerns.
Contact Evans Case Today
Whether you are interested in drafting a will, discussing a trust, or establishing a guardianship, we strongly encourage you to reach out to our experienced team of elder law attorneys at Evans Case today. Consult with one of our trusted attorneys about your case.
Each appointment has different requirements and we can help make sure that your loved ones are properly taken care of with the right appointment. We can also help protect you by ensuring that you meet the specified duties of your role as guardian or conservator. In certain cases, you may need help challenging the appointment of another guardian or conservator. Our experienced probate attorneys can provide assistance in dealing with issues related to:
- Petitions to appoint a permanent guardian and/or conservator (for minors or seniors)
- Obtaining temporary or emergency guardianship
- Navigating adult guardianship or becoming a court appointed conservator
- Challenges to the appointment of a guardian and/or conservator
- Preparation of annual guardian and conservator reports
With over 40 years of elder law experience, our attorneys at Evans Case are some of the best guardianship and conservatorship attorneys in the Denver area. We are your local advocates, and we will relentlessly fight for the welfare of your loved one.
Call us today to see how one of our elder law attorneys can help you plan for your future.
