Elder Law Services for Denver’s Seniors – Advocacy Is Ageless
Gormley, Jennifer S., P.C.
For more information about the author, click to view their website: The Law Office of Jennifer Gromley
Jul 10, 2024
Colorado - Denver Metro
We provide comprehensive Elder Law planning by reviewing assets, income and transfers in order to determine the elder’s needs and identify any other legal needs that should be addressed in the plan. Initially these plans are done with a focus on long term care planning, asset protection and Medicaid. Medicaid is a government program that is available to pay for long term care for individuals who are medically and financially eligible. We look at ways to create a safety net of overlapping resources so the individual can maximize their sense of security and independence.
We specialize in the following areas of Elder Law:
Incapacity: “Incapacity” is a formal, legal finding made by a judge in the context of a guardianship proceeding, after a hearing and introduction of clear and convincing evidence. Although the Court’s appointment of a guardian for an individual constitutes a formal finding of incapacity, no such legal finding of incapacity is associated with a court’s appointment of a conservator for an individual. For more information regarding guardianships and conservatorships, please click here.
Although a legally “incapacitated” person lacks the capacity to be able to do things like write a will or enter into contracts, there are varying degrees of capacity short of a legal finding of “incapacity” within which a person may still be able to enter into legally valid, binding or enforceable arrangements. These situations include:
- Mental Capacity to Write a Will: “Testamentary capacity” consists of mentality and memory sufficient to understand intelligently the nature and purpose of a transaction, comprehend generally the nature and extent of the property to be disposed of, remember who are the natural objects of the testator’s bounty, comprehend what the testator wishes to bequeath to his or her heirs or devisees with reference to the way those people behaved and treated the testator, and with regard to those individuals’ capacity and need, and understand the nature and effect of the desired disposition.
- Mental Capacity to Gift: The essential requirements of a valid gift from one living person to another are a clear and unmistakable intention to make a gift, and a complete parting of possession and surrender by the donor of all control and dominion over the same to the done. Questions of whether an individual lacked sufficient capacity to be able to clearly, unmistakably and knowingly form an intention to make a gift and completely surrender an item can be subject to litigation and are questions of fact determined by the court or, occasionally, by a jury.
- Mental Capacity to Contract: For an individual to have sufficient mental capacity to enter into a contract, the individual must not be under the influence of fraud, coercion or imposition. There is valid authority in Colorado for the notion that “contractual capacity” is legally the same as “testamentary capacity”, referenced above. Competency to contract is determined by a party’s mental state at the time of execution of the agreement. Every person is presumed by the law to be sane and competent for the purpose of entering into a contract. A party can be insane for some purposes, yet still have the capacity to contract. However, a person is incompetent to contract when the subject matter of the contract is so connected with an insane delusion as to render the afflicted party incapable of understanding the nature and effect of the agreement or of acting rationally in the transaction.
- Mental Capacity to Marry: Under Colorado statutory law, a decree of invalidity of a marriage will be issued when the marriage was entered into when a party lacked capacity to consent to the marriage at the time the marriage was solemnized, whether because of mental incapacity or infirmity or because of the influence of alcohol, drugs, or other incapacitating substances. The district court must also enter a decree of invalidity of a marriage entered into when one party entered into the marriage in reliance upon a fraudulent act or representation of the other party, which fraudulent act or representation goes to the essence of the marriage, or one or both parties entered into the marriage under duress exercised by the other party or a third party.
Medicaid/Medicare: Dealing with Medicaid and Medicare issues, including working through applications, eligibility, hearings and appeals, can be confusing, time-consuming and frustrating. Our team has the experience and know-how to help you successfully navigate Medicaid and Medicare.
Long Term Care Planning: We can guide you with a forward-thinking approach to Long Term Care. Although the term Long Term Care is often mistakenly thought to exclusively mean long term care insurance coverage, a more accurate and holistic view is that Long Term Care should cover a broad range of strategic planning, including but not limited to long term care insurance, Medicaid, Veterans’ Benefits, and other resources that may be used to pay for Long Term Care needs.
Call us today to schedule an appointment, 303-783-9600.
- To view the original version of this article visit elderlawsource.com/our-expertise/elder-law/
- Seniors Blue Book was not involved in the creation of this content.
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Local Services By This Author
Gormley, Jennifer S., P.C.
Guardianship/Conservatorship 6060 Greenwood Plaza Blvd Ste 300, Greenwood Village, Colorado, 80111Law Office of Jennifer S. Gormley, P.C. provides high quality, comprehensive legal help to individuals, families and professionals in the areas of probate, elder law, estate planning, litigation, trusts and estates, long term care planning, guardianships, conservatorships, disability law, Social Security and Aid and Attendance for Veterans. We focus on law and public policy with emphasis in aging and disability. We have litigation experience with complex cases involving financial exploitation, trust/will contests and protective proceedings. Also, we have years of experience assisting clients with estate and long term care planning, wealth protection and navigating public benefits. You can reach us by phone at 303 783 9600 or by email info@elderlawsource.com.
Gormley, Jennifer S., P.C.
Medicaid Attorney 6060 Greenwood Plaza Blvd Ste 300, Greenwood Village, Colorado, 80111Law Office of Jennifer S. Gormley, P.C. provides high quality, comprehensive legal help to individuals, families and professionals in the areas of probate, elder law, estate planning, litigation, trusts and estates, long term care planning, guardianships, conservatorships, disability law, Social Security and Aid and Attendance for Veterans. We focus on law and public policy with emphasis in aging and disability. We have litigation experience with complex cases involving financial exploitation, trust/will contests and protective proceedings. Also, we have years of experience assisting clients with estate and long term care planning, wealth protection and navigating public benefits. You can reach us by phone at 303 783 9600 or by email info@elderlawsource.com.
Gormley, Jennifer S., P.C.
Estate Planning 6060 Greenwood Plaza Boulevard, Greenwood Village, Colorado, 80111At the Law Office of Jennifer S. Gormley, P.C., we offer a complete estate planning services that are tailor-made to meet your specific needs. Jennifer S. Gormley has years of experience and in-depth understanding of the laws that are involved in this practice and she is committed to helping people and families ensure their future, protect their interests and have their say in the event of death or incapacitation.Expert Estate Planning ServicesEstate planning is the process of making arrangements for the management and disposition of your estate in the event of your death or incapacitation. At the Law Office of Jennifer S. Gormley, P.C., we provide estate planning services such as:Wills and Trusts: Getting a will or trust is important to ensure that your belongings are distributed as you wish after your death. Jennifer S. Gormley is well conversant with the formulation, review and revision of wills and trusts to suit the current and future situation of the client.Probate Administration: The probate process is not always straightforward and can be quite stressful to deal with. Our firm provides skilled probate administration services that assist executors and beneficiaries in the management of the legal processes effectively and efficiently.Power of Attorney: Having a durable power of attorney means that someone you trust can make your financial and medical decisions on your behalf if you are unable to do so. We also offer assistance in the creation and implementation of power of attorney legal documents to protect your rights.Healthcare Directives: Advanced healthcare directives, such as living wills and healthcare proxies, are used to express your preferences on life-sustaining treatments. We provide specific guidance to ensure that your healthcare directives are understood and legal.Estate Tax Planning: This is an important part of estate planning since it aims at minimizing the taxes that are to be paid on the estate. We provide tax planning advice that will assist you in leaving as large a portion of your estate to your heirs as possible, using measures such as trusts, gifts, and charitable giving.Guardianship: If you have children or other dependants, you need to nominate a guardian for them in case something happens to you. We assist you in identifying and legally appoint a guardian to give you peace of mind.Special Needs Planning: Protecting the future of a family member with special needs needs special planning. We help in the establishment of special needs trusts and other planning techniques in a way that the person with disability will still be eligible for government assistance.Why you should hire the Law Office of Jennifer S. Gormley, P.C.?Personalized Approach: We know that every client is unique in their way. At Jennifer S. Gormley, we take time to listen to your needs, identify your objectives and come up with an estate plan that is suitable for you.Expertise and Experience: Jennifer S. Gormley has vast experience in estate planning and thus has the knowledge and skills that are required in handling various legal matters. This guarantees that your estate plan is all-encompassing, current and legally valid.Compassionate Service: Estate planning is often an emotional process. We offer understanding and sensitive services to assist you in making the right decisions with courage and without any worries.Proactive Planning: We take a preventive approach to estate planning and aim to identify potential issues and solve them before they become problems. This forward looking approach helps avoid conflicts and guarantee that your assets will be transferred smoothly.Client Education: It is our policy to educate our clients as much as possible. At Jennifer S. Gormley, we spend time with you to explain the legal terminologies and the choices you have before you make your decision on the estate plan.At the Law Office of Jennifer S. Gormley, P.C., we are committed to offering superior estate planning services that provide you and your family with peace of mind and security. Whether you need help with writing a will, creating a trust, or making plans for the future, including long-term care, our experienced team is ready to assist you at every stage. Contact us today and let us help you plan for the future with confidence.