Elder Law Services for Denver’s Seniors – Advocacy Is Ageless

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Gormley, Jennifer S., P.C.

For more information about the author, click to view their website: The Law Office of Jennifer Gromley

Posted on

Jul 10, 2024

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.

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Local Services By This Author

Gormley, Jennifer S., P.C.

Elder Law 6060 Greenwood Plaza Boulevard, Greenwood Village, Colorado, 80111

At The Law Office of Jennifer Gormley, we are proud to offer premier elder law services to individuals and families in Centennial, CO and the surrounding areas. With many years of experience and a clear understanding of the issues that seniors and their families face, our firm offers complete elder law plans for long term care, asset protection, and Medicaid planning. We want everyone to feel safe and understood as they go through the processes that come with aging, healthcare, and financial management.End to End Solution for Elder Law Planning According to Your NeedsElder law is a branch of legal practice that deals with legal, financial, and personal issues that affect the elderly. At The Law Office of Jennifer Gormley, we offer a holistic approach to elder law planning based on a case by case analysis of your assets, income and past transfers to determine your needs. This is because we get to understand your current and future financial situation in order to come up with good strategies that will help you and your family in the long run.Our elder law planning services are aimed at future oriented long term care, asset protection and Medicaid eligibility to make our clients more comfortable in the period of uncertainty. If you are planning for your own care or that of a loved one, our lawyers will help you to put together a plan that is tailored to your needs and wishes.Long-Term Care PlanningAs people get older, they require care in the later years of their lives. No matter if you are looking for a care giver to take care of you at home, in an assisted living or in a nursing home, our firm will assist you. We help you to consider your present and future care requirements, the choices available and how to go about getting the care you require without having to break your bank.We know that long term care is not cheap and if you have not planned for it, it can be a financial strain to your family. Thats why our elder law planning aims at establishing a framework of alternative sources of support in order to enhance your level of security and autonomy. From private insurance and personal funds to government assistance such as Medicaid, we assist you in identifying the sources that are most appropriate for your needs.Asset Protection StrategiesElder law planning is incomplete without the protection of the assets that you have worked so hard to acquire. At The Law Office of Jennifer Gormley, we offer services that help you protect your assets from taxes, legal demands, and the expense of healthcare. Thus, we help you to arrange your assets in a manner that is compatible with the Medicaid eligibility guidelines so that you can keep your wealth for the future generation while at the same time getting the care and assistance you require.Our asset protection strategies may include tools such as trusts, gifting plans, and other legal mechanisms to safeguard your financial future. It is our mission to guarantee that your property is applied for in the right manner and also in a way that is legal and appropriate for the given laws and regulations.Medicaid Planning and Eligibility AssistanceMedicaid is a government funded program that offers medical care to people who require long term care and meet the set medical and financial qualifications. However, applying for Medicaid can be quite complicated and time-consuming, especially for those who are not familiar with the programs requirements. At The Law Office of Jennifer Gormley, we are Medicaid planners and we can guide you and your family through this system with ease.Our Medicaid planning services include an assessment of your income, resources, and health to determine if you are eligible for the program. We discover how to change your financial situation in a way that you will be able to receive maximum benefits while keeping your funds. We also assist in the actual application for Medicaid, including the required documents to avoid having the application denied.Supporting Independence and Peace of MindAt The Law Office of Jennifer Gormley, we understand that each client is different. That is why we listen to your concerns, answer your questions and prepare a elder law plan that is specifically for you and your needs. 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Gormley, Jennifer S., P.C.

Trust Management 6060 Greenwood Plaza Blvd Ste 300, Greenwood Village, Colorado, 80111

Law 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 [email protected].

Gormley, Jennifer S., P.C.

Medicaid Attorney 6060 Greenwood Plaza Boulevard, Greenwood Village, Colorado, 80111

Law 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 [email protected].