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

Author

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

Book/Edition

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.

Other Articles You May Like

Long-Term Care Insurance Costs in Denver: Is It Worth the Investment?

As we plan for the future, one of the biggest concerns is ensuring we have the right support when we need it most. Long-term care insurance (LTC) is designed to help cover the costs of assisted living, nursing homes, or in-home care.With rising healthcare costs and the unpredictability of aging, understanding the price of LTC insurance and weighing its benefits against potential out-of-pocket expenses is crucial. Well explore the costs associated with LTC insurance in Denver and help you determine if its a worthwhile investment for your future security and peace of mind.Is Long-Term Care Insurance Essential?As we age, the need for assistance with daily activitieslike dressing, bathing, or even medical carebecomes more common. Without insurance, these costs can add up quickly. While some may rely on personal savings or family support, LTC insurance provides an extra layer of security, ensuring you receive the care you need without draining your finances or burdening loved ones.Who Benefits from Long-Term Care Insurance?LTC insurance is ideal for:         People planning for retirement: It helps protect assets and prevents financial strain later in life.         Those without a strong support system: If family members may not be able to provide care, insurance ensures access to professional assistance.         People with a family history of chronic illnesses: If conditions like Alzheimers or mobility issues run in the family, LTC insurance can help cover long-term medical expenses.         Anyone who values independence: With the right policy, you can choose the type of care you prefer.4 Benefits of Investing in Long-Term Care InsuranceInvesting in LTC insurance offers several key advantages:         Financial security: Avoid the high costs of nursing homes, assisted living, or home care services.         More care options: Choose the type of care that fits your lifestyle and needs.         Relief for family members: Loved ones wont have to take on the financial or physical burden of caregiving.         Peace of mind: Knowing your future care is covered allows you to enjoy life with less worry.Tax Advantages of Long-Term Care InsuranceLTC insurance doesnt just provide future benefitsit can also help at tax time!         Tax deductions: Premiums for qualified LTC insurance policies may be deductible on your federal tax return.         Health Savings Account (HSA) benefits: You can use HSA funds to pay for LTC insurance premiums, offering a tax-free way to manage costs.         State tax perks: Some states, including Colorado, offer additional tax incentives for LTC policyholders.         4 Factors Affecting Long-Term Care Insurance Costs in Denver         The cost of LTC insurance in Denver depends on several key factors.          Your age at the time of purchase plays a significant role, as younger policyholders generally pay lower premiums.          Health status is another major factor, as pre-existing conditions or a history of chronic illness can increase costs.          The level of coverage you choose, including daily benefit amounts, length of coverage, and inflation protection, also impacts pricing.          Additionally, Denvers cost of care, which varies between home care, assisted living, and nursing facilities, influences how much coverage you may need to ensure financial security in the future.         Understanding Premiums: Age, Health, and Coverage         Premiums for LTC insurance are primarily determined by your age, health, and the type of coverage you select. The younger and healthier you are when you apply, the more affordable your premiums will be. Insurance providers assess medical history and current health conditions to determine eligibility and pricing.          The scope of coverage also affects premiums, as policies with higher daily benefits, longer coverage periods, and added features like inflation protection tend to cost more.          Finding the right balance between affordability and comprehensive coverage is key to making the most of your policy.         How Always Best Care Works with Long-Term Care Insurance         Always Best Care helps clients navigate the complexities of LTC insurance by providing guidance and support every step of the way. From understanding policy details to coordinating care services that align with coverage, our team ensures clients maximize their benefits.          We work directly with insurance providers to confirm coverage details, handle billing, and streamline the process. This allows clients and their families to focus on receiving quality care rather than worrying about administrative hurdles.         Simplifying the Claims Process         Filing a LTC insurance claim can feel overwhelming, but with the right support, it becomes much easier. Always Best Care assists clients in gathering the necessary documentation, including medical records and care assessments, to ensure a smooth claims process. By simplifying this process, we make it easier for families to access the care they need without unnecessary stress or confusion.         Personalized Care Plans That Maximize Your Coverage         Everyone has unique care needs, and a one-size-fits-all approach doesnt always work. Always Best Care creates personalized care plans that align with each clients insurance coverage, ensuring they receive the highest quality care without exceeding their benefits.          Whether its in-home assistance, memory care, or assisted living, the team works closely with families to develop a plan that maximizes available resources while prioritizing comfort and well-being.         Bridging the Gap Between Insurance and Care Needs         Having LTC insurance is a great step toward financial security but understanding how to use it effectively is just as important. Always Best Care is a bridge between policyholders and care providers, helping clients understand what services are covered, how to access them, and how to make the most of their policy.          By offering expert guidance and personalized support, they ensure individuals receive the care they need without unnecessary financial burdens or complications.Take Control of Your Future with Long-Term Care!At Always Best Care, were here to help you navigate your options, maximize your coverage, and create a personalized care plan that fits your needs.  Contact Always Best Care of Denver at (303) 952-3060 to learn more.

Filing a Long-Term Care Insurance Claim in Denver: Step-by-Step Process

If youre navigating the world of long-term care insurance, chances are youve already got a lot on your plate. Whether youre helping a loved one or managing your own care, filing a claim can feel overwhelming at first. Dont worry; once you understand the steps, the process becomes much more manageable. If youre based in Colorado and searching for long-term care near you, this guide is tailored for you. The Basics of Long-Term Care Insurance ClaimsLong-term care insurance is designed to help cover services that support daily assistance, like help with bathing, dressing, and mobility, when aging, injury, or illness make these tasks more difficult. Policies vary, but most include benefits for in-home care, nursing homes, assisted living facilities, and more. Understanding your insurance plans costs, unique coverage and limitations is key to a successful claim.When to File: Recognizing a Benefits TriggerOne of the most essential parts of activating your long-term care insurance benefits is understanding the benefit trigger. This is the point at which your insurance company determines that care is medically necessary, and its also the green light for you to begin the claim process. Knowing when youve met this requirement can prevent delays and frustration.Most policies only kick in when the policyholder requires assistance with a specific level of daily care. Insurers generally rely on two main criteria:1. Assistance with Activities of Daily Living (ADLs)To qualify for benefits, most policies require that the person receiving care needs help with at least two of six standard ADLs. These include:         Bathing: Needing help getting in and out of a tub or shower or completing the washing process safely.         Dressing: Assistance with selecting appropriate clothing and putting it on.         Toileting: Help with using the bathroom or managing incontinence.         Transferring: Needing support moving in and out of bed or a chair.         Continence: Being unable to control bladder or bowel functions. Eating: Needing help with feeding oneself, whether due to mobility or coordination issues.If your loved one struggles with two or more of these tasks daily, its a good sign that they meet the trigger requirement for long-term care coverage.2. Cognitive ImpairmentAnother benefit trigger that insurance companies recognize is cognitive decline. This includes conditions like:         Alzheimers disease.         Dementia.         Parkinsons-related memory loss.         Stroke-related cognitive damage.Even if the person remains physically independent, significant memory issues or confusion that compromise safety, such as forgetting to turn off the stove, wandering, or failing to recognize familiar people, often meet the policys definition of a cognitive impairment trigger.Your insurer may require a formal assessment by a doctor or nurse, and in many cases, their own evaluator may be assigned to verify the need for care.Meeting the Elimination Period RequirementBefore your policy begins paying out, theres usually an elimination perioda waiting window that can range from 30 to 90 days. Youll need to receive qualifying care before reimbursement begins. Think of it like a deductible, but counted in days rather than dollars.Step 1: Confirm Your EligibilityStart by reviewing your policys terms. Are the services youre receiving covered? Does the provider meet policy requirements? Have benefit triggers been met? Eligibility hinges on these answers, so its smart to get clear on the details before taking the next step.Step 2: Notify Your Insurance ProviderOnce youre confident youre eligible, call your insurance company. Let them know you intend to file a claim. Theyll walk you through what comes next and send you a claim packet with instructions and necessary forms. Be ready with the policy number and some basic information about the care being provided.Step 3: Complete the Claim PacketYour claim packet may seem intimidating, but its actually quite straightforward once you break it down. Most insurers require the following:Key Forms Youll Need to Submit1.      Policyholder Statement A basic summary of your condition, care needs, and provider details.2.      Attending Physician Statement A doctors written confirmation of your diagnosis and need for long-term care.3.      Care Plan and Nursing Assessment A formal care plan, developed by a nurse or case manager, outlines the level and type of care required.4.      Provider Credentials Proof that your chosen care providerwhether its a facility or an agencymeets the standards outlined in your policy.5.      HIPAA Authorization This form permits the insurance company to contact your doctors and care providers for additional information.Step 4: Gather and Submit Supporting DocumentationIn addition to the forms, gather care notes, invoices, schedules, and any evaluations related to your current condition. These documents help paint a complete picture and can speed up the claim approval process.Step 5: Prepare for a Phone InterviewMost insurance companies will follow up with a call to verify the information and clarify anything they need. Its helpful to have a caregiver, family member, or care manager on the line to provide support and accurate responses.Step 6: Wait for the Claim Review and DecisionThis is the part where patience comes in. Review times vary, but you should hear back within a few weeks. The insurer will either approve, deny, or request more documentation. Stay in touch and keep records of all communication.Step 7: Ongoing Claim ManagementOnce your claim is approved, there may be ongoing paperworkmonthly invoices, care summaries, or periodic recertifications. Staying organized can make future payments smoother and avoid interruptions in care.FAQ About Long-Term Care Insurance ClaimsHow do I know if I qualify for long-term care benefits?You typically qualify if you need help with at least two Activities of Daily Living or have cognitive decline. Check your policy for exact requirements.How long does it take to get approved?Most claims take 3045 days to process, depending on how quickly paperwork is submitted and reviewed.Does long-term care insurance cover in-home care?Yes, many policies cover senior home care as part of long-term care near me services. Always review your policy to confirm.Can a care agency help me with the claim process?Yes! Agencies like Always Best Care in Denver can walk you through the steps and help gather everything you need for submission.Filing a long-term care insurance claim doesnt have to be a headache. With a little prep and the right support, you can unlock the benefits youve paid for and give your loved ones the quality care they deserve. Let Always Best Care Assist with the Long-Term Care Insurance Claim Process!Need a hand with the paperwork? If youre seeking long-term care in Denver and need help navigating your insurance claim, Always Best Care is here to support you. They not only provide compassionate care but also help families understand the ins and outs of their long-term care coverage. From documentation to ongoing support, their team is just a call away.Contact Always Best Care of Denver at (303) 952-3060 to learn more and schedule your free consultation.

Encouraging Healthy Eating: How to Boost Your Seniors Appetite in Denver, CO

As we age, our appetites can dwindle, and for many seniors, this decline can be attributed to a mix of factors like medication side effects, dental issues, or even loneliness. But theres good news. By understanding these underlying causes and making a few simple changes, we can help our aging loved ones regain their interest in food and maintain a healthy diet. At Always Best Care of Denver, were passionate about supporting seniors in enjoying nutritious meals that nourish both body and soul.What you will learn:         Common causes behind decreased appetite in seniors.         Simple ways to make meals more appealing and inviting for aging loved ones.         How smaller, frequent meals and social dining can encourage better eating habits.         Tips for easing eating difficulties and planning nutritious, enjoyable meals with caregiver support.Understanding the Underlying CausesBefore we can fix the problem, its crucial to figure out why our seniors might not be eating well. Some common culprits include:         Medication side effects, like nausea or dry mouth.         Dental issues or ill-fitting dentures.         Difficulty chewing or swallowing.         Depression, isolation, or grief.         Chronic health conditions.         Loss of taste or smell.Making Meals More AppealingSeniors are more likely to eat when food looks and smells great. Here are some tips to make meals more appealing:         Add some color: Include a variety of colorful fruits and veggies in meals.         Use attractive plates: Serve food on nice-looking plates to enhance the visual appeal.         Boost flavor: Use herbs and spices to add flavor without excess salt.         Set the mood: Soft lighting and pleasant background music can make mealtime more inviting.Serving Smaller, More Frequent MealsLarge meals can be overwhelming, especially for those with smaller appetites. Try offering:         Three small meals and         Two to three snacks throughout the day.Eating TogetherEating is often a social activity, and many seniors lose interest in food when theyre eating alone. Sharing meals with your loved one, even just once or twice a week, can make a big difference. If you cant be there regularly, arrange for other family members, friends, or a caregiver to join them.Making Eating EasierIf chewing or swallowing is difficult, focus on soft, easy-to-eat foods like scrambled eggs, mashed potatoes, oatmeal, or soups. Ensure that dentures fit properly and that any mouth pain is addressed by a dentist. Adjusting food textures or temperatures can also help increase comfort and interest in meals.Planning Ahead and Getting CreativeMeal planning can eliminate stress and encourage variety. Involve your loved one in choosing meals and groceries so they feel more engaged. Preparing meals ahead of time, trying new recipes, and incorporating favorite comfort foods can all help renew their interest in eating.How Always Best Care of Denver Can HelpHelping a senior maintain good nutrition doesnt have to fall entirely on your shoulders. At Always Best Care, our experienced caregivers can assist with meal planning, grocery shopping, and preparing tasty, nutritious meals tailored to your loved ones preferences and dietary needs. Whether its encouraging hydration, adjusting meals for swallowing difficulties, or simply providing companionship during mealtime, were here to help make eating a positive experience again.FAQQ: What are some common reasons for decreased appetite in seniors? A: Common reasons include medication side effects, dental issues, difficulty chewing or swallowing, depression, chronic health conditions, and loss of taste or smell.Q: How can I make meals more appealing to seniors? A: Use colorful fruits and veggies, serve food on attractive plates, add flavor with herbs and spices, and create a pleasant atmosphere with soft lighting and music.Q: What kind of meals are best for seniors with swallowing difficulties? A: Focus on soft, easy-to-eat foods like scrambled eggs, mashed potatoes, oatmeal, or soups.Schedule a Complimentary Consultation at Always Best Care of Denver!If your aging loved one is struggling with appetite loss or needs support with daily routines, contact Always Best Care of Denver at (303) 952-3060 to schedule a care consultation. Our compassionate caregivers are here to support health, wellness, and independencestarting right at the kitchen table. 

Local Services By This Author

Gormley, Jennifer S., P.C.

Probate 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 info@elderlawsource.com.

Gormley, Jennifer S., P.C.

Guardianship/Conservatorship 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 info@elderlawsource.com.

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. We want to establish a platform for our clients and their families to embrace life with no worries about the future legal and financial issues. No matter if you require assistance with long term care, Medicaid qualifications or asset protection, our staff will guide you through the process until the end.Why Choose The Law Office of Jennifer Gormley?Selecting the appropriate elder law attorney is a key decision. At our firm, we boast of offering:Elder Law Specialization: We have wide exposure to long term care, Medicaid and asset protection to offer you solutions that are appropriate for you.Personalized Service: We spend time with you to understand your case and come up with a plan that meets your objectives.Compassionate Support: It is our goal to assist and reassure you and your loved ones in the time of need.Local Knowledge: Located in Centennial, CO, we know the legal and financial environments that affect seniors in the area.If you or a loved one requires assistance with elder law planning, contact The Law Office of Jennifer Gormley. Schedule a consultation with us; visit our website at ElderLawSource.com or give us a call. Let us help you create a plan that protects your assets, ensures your care, and provides the security and independence you deserve.