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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How High Interest Rates Are Slowing Home Sales in the Denver Metro Are

By Brandis Meeks Nov 2026  Quick answer: are high interest rates slowing home sales in Denver?Yes. With 30-year fixed mortgage rates sitting around 7.3% in October 2026, up from about 6.3% a year earlier, Denver metro buyers are pulling back and sellers are feeling it. The Colorado Association of Realtors reported that September 2026 closed sales in the Denver metro fell 18.7% from a year earlier and pending sales dropped 12.7%. The Denver metro housing market by the numbersHere is where the market stands as of late October 2026, using the most recent data released.What the numbers say: prices are drifting lower rather than collapsing, but volume is falling hard. Fewer buyers can qualify at 7%+ rates, so homes sit longer, sellers cut prices or pay concessions, and many listings expire with no sale at all.Figures reflect the latest published reports as of October 28, 2026. Market data is revised each month, so check the sources below for updates.Why high mortgage rates slow home salesThree forces are working together in the Denver metro.1. Monthly payments jump. On a home at the $565,000 metro median with 20% down ($452,000 loan), principal and interest at 7.32% is about $3,105 a month. At last year's 6.34% rate, the same loan was about $2,810. That is roughly $295 more per month, or about $3,500 a year, for the identical house. For buyers already stretched by Denver prices, that gap is often the difference between qualifying and not.2. The lock-in effect keeps sellers on the sidelines. Many Denver homeowners locked in mortgages at 3% to 4% during 2020 and 2021. Local agents quoted by the Denver Gazette have noted that moving to a similar home at today's rates can add $1,500 to $2,000 a month to the housing payment. Owners who don't have to sell stay put, which keeps inventory tight in some price ranges even while demand falls.3. Buyers get cautious and negotiate harder. When affordability shrinks, buyers wait, ask for repairs, and request concessions. In September, 64% of Denver metro sales included seller concessions and nearly half had price reductions. Homes that are dated, deferred-maintenance, or priced optimistically are hit hardest because they need a buyer who can both finance the purchase and absorb surprises at inspection.The result is a stalled market: fewer showings, longer days on market, and more listings that expire unsold.What this means for sellers in Denver and Surrounding CitiesThe slowdown is metro-wide, but it shows up differently depending on the home.Condos and townhomes are seeing the sharpest price pressure. The attached-home median fell 6.2% to $375,000 in September, and HOA dues make monthly payments even harder for buyers to absorb.Move-in-ready single-family homes in strong neighborhoods are still selling, but often with price cuts or concessions.Homes that need work in Aurora, Denver, Lakewood, Centennial, Littleton, Arvada, Thornton and other Front Range cities face the longest waits, because financed buyers and their lenders push back on condition.Inherited, tenant-occupied, hoarder, and storage-heavy properties are especially hard to list, since buyers must stomach cleanout costs on top of a 7% mortgage.If you list in this market, plan for a longer timeline, a possible price reduction, and repair negotiations after inspection. Carrying costs such as mortgage payments, property taxes, insurance, and utilities keep running the whole time. 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A cash buyer doesn't depend on a mortgage approval, so rate swings can't cancel the deal.How The Property Buyers can helpThe Property Buyers is a Colorado home buying company based in Aurora, founded in 2008. We have an A+ Rating with the Better Business Bureau. Plenty of 5 Star Google Reviews show why we are a trusted professional Cash Home Buyer. We buy houses throughout the Denver metro area:Get a No-Obligation Cash Offer for your homeAs-is condition. No repairs, no updates, no inspection haggling.No cleanout. Leave the furniture, belongings, and debris. We handle it.Close in as little as 10 business days, or on the date that fits your schedule.No agent commissions and no financing contingencies.Whether the house is inherited, tenant-occupied, in foreclosure trouble, or just not selling, call 720-650-7986 or visit thepropertybuyers.com to request a no-obligation cash offer. 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Assisted Living vs. Nursing Homes: Are they the same?

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Local Services By This Author

Gormley, Jennifer S., P.C.

Retirement Planning

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

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.

Trust Management

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].