For more information about the author, click to view their website: Ashley Day Law
Estate Plan Check-Ups
Effective estate planning is personal, and it’s more than
just deciding who to leave your assets to once you die. Effective estate planning is a comprehensive process that encompasses pre-need
planning: health care decisions, financial management, and maintaining a
delicate balance between independence and security. Like your preventive doctor visits, you should
regularly check in on your estate plan to ensure it fits your current needs, considers
and plans for potential future care needs, and will give effect to your wishes
now and in the future.
Generally, estate planning involves creating a last will and
testament, possibly a revocable trust, possibly an asset protection trust or a
supplemental needs trust for a loved one who is unable to manage finances or
may be vulnerable to abuse or exploitation.
Estate planning also involves important advanced directives, such as a
durable financial power of attorney, a health care power of attorney, and a
living will. Creating an estate plan,
or “getting my affairs in order,” tends to be an item on our to-do lists, for
us to get done and move on to the next thing. However, while it may not be
something you have to look at every month, or even every year, once your
initial estate plan is completed, it is something that needs to be reviewed
with some regularity.
Most people get an annual physical when they are healthy,
not when they are sick. They do this because they want to proactively spot any
issues that could cause them to become ill in the future. The same concept can
and should be applied when it comes to reviewing and updating your estate plan.
Your estate plan may be “healthy” now, but you want to make sure that it stays
that way by checking it regularly, to ensure it fits your needs and family
circumstances, protects and provides for you now, and accomplishes your goals and wishes in the
future.
Editor’s Note: This article is for informational purposes
only and is not intended to be legal advice.
This article was submitted by Ashley Day, Esq. Ashley Day Law, LLC. Reach her at 251-277-3377.
Planning for the future is one of the most important gifts we can give our loved ones. Estate planning ensures that your wishes are honored, your assets are protected, and your legacy is preserved. For seniors in Northern Colorado, the need for clear and comprehensive estate planning is more relevant than ever as the region continues to grow and attract retirees seeking a peaceful, well-supported lifestyle.Whether you're new to the idea of estate planning or revisiting your documents after a life change, this guide is here to support your next steps. What Is Estate Planning?Estate planning is the process of preparing legal documents and making decisions about the management and distribution of your assets in the event of your incapacity or passing. A well-designed estate plan typically includes:Wills and trustsPowers of attorney (POA)Advance directives or living willsGuardianship designations (if needed)Instructions for final arrangementsFor seniors, estate planning is not just about distributing assetsit's about ensuring that your health care, finances, and legacy reflect your wishes and values. Why Estate Planning Is Essential for Seniors in Northern ColoradoThe Northern Colorado regionfrom Fort Collins and Loveland to Greeley and surrounding townsis home to a growing senior population. As families settle in this beautiful and resource-rich area, it becomes more important than ever to be proactive about future planning.Heres why estate planning matters:Avoids family disputes and ensures your assets are handled as intendedProtects your home and financial assets from probate and unnecessary taxesDesignates a trusted individual to make decisions if you become unable toClarifies your healthcare wishes in case of medical emergenciesSupports a smooth transition for loved ones during emotionally difficult times Common Estate Planning Documents Every Senior Should Consider Will Outlines who will receive your assets and can name guardians for minor children. Trust Offers more control over when and how your assets are distributed. Certain trusts can also help avoid probate. Durable Power of Attorney Appoints someone to manage your financial affairs if youre unable to. Healthcare Power of Attorney Names a person to make medical decisions on your behalf. Living Will/Advance Directive Provides instructions about the types of medical care you do or do not want. Estate Planning Tips for Northern Colorado ResidentsNorthern Colorados unique blend of urban amenities and rural charm means estate plans should be tailored to your specific situation, whether you own property, run a family business, or simply want to leave clear instructions for loved ones.Here are some helpful tips:Update your documents regularly Review them every 35 years or after major life events like marriages, births, or relocations.Understand state-specific laws Colorado has its own requirements regarding probate and trusts. Consulting with a legal professional familiar with Colorado estate law is essential.Plan for long-term care Consider how you would pay for assisted living, in-home care, or skilled nursing if needed.Keep your family informed Communicate your plans and make sure key individuals know where to access your documents. Trusted Estate Planning Resources in Northern ColoradoWhile Seniors Blue Book does not endorse specific providers, we offer a neutral and comprehensive directory of estate planning professionals, senior resource organizations, and support services across Northern Colorado.Explore our Senior Resource Directory for Northern Colorado Browse Estate Planning Services in Northern ColoradoThese resources can help you find local attorneys, financial advisors, notaries, and support groups to guide your planning process. Final ThoughtsEstate planning isnt just a legal processits a deeply personal way to care for the people and causes you love. For seniors living in Northern Colorado, taking time now to organize your estate means more peace of mind, fewer burdens for your family, and a stronger legacy for generations to come. Whether you're getting started or updating an existing plan, youre not alone. Use the resources at SeniorsBlueBook.com to learn more, get connected, and take the next step with confidence.
Planning for retirement is one of the most important financial and lifestyle decisions youll ever make. And if you live in or are considering moving to Northern Colorado, youre in a region that offers both the natural beauty and supportive resources ideal for enjoying your later years.In this guide, well walk through the key elements of retirement planning for seniors in Northern Colorado, with a focus on local insights, resources, and steps to help you feel confident about your future. Why Retirement Planning MattersWhether youre approaching retirement or have already transitioned out of the workforce, having a thoughtful retirement plan ensures you can maintain your lifestyle, protect your health, and plan for unexpected needs.Heres why it matters:Financial security: Helps manage savings, income streams, and expenses.Health care preparedness: Plans for future medical needs and long-term care.Housing choices: Assists in evaluating whether to age in place or consider senior housing.Peace of mind: Reduces stress for both you and your family. What Makes Northern Colorado a Great Place to Retire?Northern Colorado includes vibrant communities like Fort Collins, Loveland, Greeley, and Longmont, each offering a unique blend of outdoor beauty, strong healthcare systems, and senior-friendly amenities.Local highlights include:Proximity to top-rated hospitals and clinicsA growing number of 55+ communities and senior housing optionsAccess to nature trails, recreation centers, and wellness programsA variety of local nonprofits and government services focused on aging adultsThese features make Northern Colorado an ideal region to create a retirement plan tailored to your needs and goals. Key Steps to Start Retirement PlanningIf youre just beginning your retirement journeyor want to fine-tune your current planhere are essential steps to consider:1. Evaluate Your FinancesReview your savings, retirement accounts (like IRAs or 401(k)s), Social Security benefits, and other income sources. Consider meeting with a financial planner who specializes in retirement.2. Understand Medicare and Healthcare OptionsHealth coverage is a major part of retirement planning. Educate yourself about Medicare, supplemental insurance, and local health providers to ensure you have reliable care.3. Plan for Long-Term CareMany older adults will need assistance with daily activities or medical care at some point. Northern Colorado offers a wide range of senior housing and home care options to explore.Browse the Retirement Planning section in your area: Retirement Planning Resources - Northern Colorado4. Consider Your Housing NeedsDo you want to stay in your current home, downsize, or move into a retirement community? Take stock of your preferences and available options in the area.5. Think About Your Lifestyle GoalsHow do you want to spend your time in retirement? Northern Colorado has a wealth of opportunities for volunteering, travel, learning, fitness, and social engagement. Retirement Planning Resources in Northern ColoradoNorthern Colorado has several community programs and organizations dedicated to helping seniors plan for a secure and fulfilling retirement. From free workshops to financial counseling and local senior centers, residents can tap into a wide variety of support.You can also use Seniors Blue Book to search for trusted local providers and educational resources.Start exploring: Northern Colorado Senior Resource Directory Final ThoughtsPlanning for retirement in Northern Colorado offers not only peace of mind but also the opportunity to thrive in a region known for its community, quality of life, and senior services. Whether you're just starting out or revisiting your plan, taking the time to evaluate your options and prepare for the years ahead can make all the difference. Let Seniors Blue Book be your guide as you navigate local resources, plan for future care, and enjoy everything retirement has to offer.
As we age, we face unique legal challenges that require thoughtful planning and expert guidance. Elder law is a specialized area of legal practice focused on addressing the needs of older adults, their families, and caregivers. In Northern Colorado, with its growing senior population, its more important than ever to understand the role of elder lawyers and how they can assist in managing legal and financial matters.In this blog, well explore what elder law encompasses, the services provided by elder lawyers, and how to find the right legal support in Northern Colorado. What Is Elder Law?Elder law refers to legal issues that are particularly relevant to seniors, such as estate planning, guardianship, long-term care, and healthcare. Elder law attorneys specialize in helping older adults protect their rights and assets, plan for the future, and navigate the complexities of aging-related legal matters.Key areas of elder law include:Estate Planning: Drafting wills, trusts, powers of attorney, and advanced healthcare directives.Guardianship and Conservatorship: Appointing a trusted individual to make decisions on behalf of someone who can no longer care for themselves.Medicaid and Medicare Planning: Ensuring seniors receive the healthcare benefits they are entitled to, while also protecting assets.Long-Term Care Planning: Preparing for the financial and legal aspects of nursing homes or in-home care.Elder Abuse: Addressing concerns regarding financial exploitation, physical abuse, or neglect. Why You Need an Elder Lawyer in Northern ColoradoThe need for elder law services has grown rapidly in Northern Colorado due to its aging population. As more seniors face the challenges of aging, they require legal advice to ensure their wishes are respected and that they have the resources and protections they need.Heres why hiring an elder lawyer in Northern Colorado is so important:1. Comprehensive Estate PlanningAn experienced elder lawyer can help you create a clear and legally binding estate plan. This includes drafting wills, creating trusts, and ensuring your financial matters are handled the way you desire. Without proper estate planning, your assets could be misallocated, or your family may face lengthy legal disputes.2. Navigating Long-Term CareOne of the most critical aspects of elder law is planning for long-term care. In Northern Colorado, where there is a high demand for senior care services, elder lawyers can assist you in understanding your options for paying for long-term care. They can guide you through Medicaid planning, VA benefits, and other financial support programs.3. Protecting Against Elder AbuseSadly, elder abuse is a growing concern, including financial exploitation and physical harm. An elder lawyer can help you understand how to protect yourself or your loved one from these threats and ensure that any concerns are properly addressed.4. Guardianship and ConservatorshipIf an aging parent or loved one is no longer able to manage their affairs, an elder lawyer can assist in establishing guardianship or conservatorship. These legal arrangements ensure that someone trusted is appointed to make critical decisions on behalf of your loved one. How to Find the Right Elder Lawyer in Northern ColoradoWhen searching for an elder lawyer in Northern Colorado, there are several factors to consider:Experience and Specialization: Make sure the attorney specializes in elder law and has experience in the areas that are most important to you.Reputation: Look for reviews and referrals from others who have worked with the lawyer. Trusted recommendations are invaluable when choosing a legal professional.Consultations: Many elder lawyers offer initial consultations. Use this opportunity to ask about their approach to elder law, fees, and experience handling similar cases.Accessibility: Ensure that the lawyer is accessible and responsive. This is especially important when dealing with time-sensitive issues related to health and financial matters. Local Resources for Elder Law in Northern ColoradoNorthern Colorado is home to a number of reputable legal professionals and resources that can help seniors navigate their legal needs. Whether you are in Fort Collins, Loveland, or Greeley, there are local attorneys who specialize in elder law and are ready to assist you.Explore the resources available to seniors in Northern Colorado here: Elder Law Resources in Northern Colorado Directory of Elder Law Professionals in Northern Colorado Conclusion: Protect Your Future with Elder Law SupportAs you navigate the complexities of aging, the guidance of an experienced elder lawyer can provide invaluable peace of mind. Whether you're planning for your future or supporting a loved one, having the right legal support in place ensures that your wishes are respected and your rights protected. Dont wait until a crisis arisesstart planning today. For more information and to find a trusted elder lawyer in Northern Colorado, explore the resources on Seniors Blue Book.
Estate Planning - Ashley Day Law provides comprehensive planning ot individuals and families.We help our clients prepare for unexpected incapacity or death, to ensure both that their family and loved ones have the ability to care for them and that their assets are transferred at their passing in accordance with their goals and wishes. We design and create proper estate plans for our clients, review beneficiary designations, and advise our clients to ensure trusts are funded.Establishing your estate plan is one of the most important steps you can take to protect yourself and your loved ones during your lifetime, in case of disability, and at your death. A well-thought-out and comprehensive estate plan can prevent the need for someone to obtain guardianship in the future, lessen administrative costs associated with the transfer of assets at death, and help smooth familial relations.Our estate planning services include:Forming Living, Irrevocable Protection TrustsAssisting with Beneficiary Designations and Other Non-Probate TransfersDrafting Wills, Living Trusts, Healthcare Directives, Powers of Attorney, and Other Planning DocumentsAdvising Executors, Administrators, Trustees, and GuardiansDeveloping Caregiver Agreements and Other Family AgreementsPost-Mortem PlanningWhile estate planning often includes a variety of items among those listed above, foundational estate planning includes, at least, wills, durable powers of attorney, advance healthcare directives, HIPAA authorizations, and a stand-alone or testamentary supplemental needs trust if you have a loved one with special needs. These instruments are critical to ensure your wishes are followed. A properly designed and implemented estate plan also can help you accomplish additional goals, such as:Providing financial security for your familyEnsuring your property is preserved and passed on to your beneficiariesAvoiding disputes among family members, business owners, or with third parties (such as the IRS)Providing for your childrens or grandchildrens educationProviding for your favorite charityMaintaining control over or ensuring the competent management of your property in case of incapacityMinimizing tax consequences and other costsAvoiding probateProviding adequate liquidity for the settlement of your estateTransferring ownership of your business to your beneficiariesPassing on your values, sense of responsibility, and work ethic to heirsEvery family situation is unique. We work with you and your other professional advisors, including financial planners, accountants, and/or other attorneys who are familiar with your goals and concerns to determine what options work best for you and your family and ensure their implementation.By protecting your estate and yourself, you are protecting your family and sparing them the expense, delay, and frustration that occurs when family members fail to plan. No estate plan is one size fits all. As priorities change, plans can be modified. Its never too early or too late to plan. Give us a call. Were here to help.
SPECIAL NEEDS PLANNINGParents of children with special needs often worry about how their children would survive and be cared for when their parents are no longer alive to support them. If one of your loved ones is living with a disability, you make sure that all their needs are met daily. But what would happen if you were gone?Also, over the years, parents are required to make many decisions in their childrens best interests, and those decisions are only amplified for parents with special needs children. Often, parents of special needs children dont know what questions to ask and are unaware of the many questions that inevitably will come their way. For the greatest success in securing your childrens futures, its important for parents and other family members to be prepared before its too late. Thats the role of special needs planning.Special Needs Planning involves preparing for the current and future care needs of children and adults with intellectual and/or developmental disabilities, neurocognitive disorders, and/or psychiatric illnesses. It is the best way for a parent, grandparent, and/or guardian to proactively protect and provide for children and grandchildren with disabilities both in the near and not-so-near future for care, housing, and quality of life should something unexpectedly happen to you; for 18th birthdays (automatic transfer of parental rights); for eligibility for government benefits; for change in life circumstances; planning for your childs quality of life, and for your peace of mind.Our special needs planning services include:Special (Supplemental) Needs TrustsRevocable Living Trusts with Special (Supplemental) Needs Trust ProvisionsWills with Special Needs & Spousal Trust ProvisionsGuardianships and ConservatorshipsPlanning for Age 18Planning for Eligibility for Government Benefits (SSI, Medicaid, etc.)Government Benefits AdvisementSchool Law/AdvocacyGuardianship/Conservatorship AdministrationSpecial (Supplemental) Needs Trust AdministrationSpecial needs planning is critical because individuals with special needs often are unable to make appropriate financial decisions for themselves and/or are at risk of financial exploitation by others. Equally important is to maintain eligibility for public benefits such as Supplemental Security Income (SSI) and Medicaid and enable children with special needs to have fulfilling lives.SSI is used to pay for food and housing (primary needs), but it is not nearly enough to live on. Medicaid waiver programs enable access to beneficial services and programs not accessible absent Medicaid eligibility. Generally, beneficiaries of SSI or Medicaid can have little income and, at most, $2,000 in assets. Leaving money to loved ones directly to provide for their care would jeopardize their ability to receive any help from these means-tested government programs. On top of that, the money left to them would have to be spent down to pay for primary needs previously covered by SSI instead of being used to improve the care provided and quality of life. A Special (Supplemental) Needs Trust (SNT) manages resources while also maintaining the beneficiarys eligibility for public assistance benefits.For most families, a third-party irrevocable Special SNT is the most effective way to set aside assets and funds to help the person with special needs. Cash, investment accounts, real estate, or proceeds from a life insurance policy are common ways to fund the trust. The trust can provide for the beneficiary during the parents lifetimes and will provide for the beneficiary when parents are no longer around to care for the beneficiary. Because the SNT owns the assets instead of the beneficiary, the assets are excluded from asset limit tests for SSI or Medicaid. Meanwhile, trust funds can be used to pay for quality-of-life improvements for the beneficiary, such as a phone, an iPad, computer games, trips, travel to visit family, entertainment events, and other activities. The SNT also ensures that funds are used for the benefit of your vulnerable family member and that other relatives, such as siblings, are not left with the responsibility and costs of care.Special needs planning can be a complex and confusing area of the law. Ashley Day Law, LLC will work with you to construct a comprehensive plan customized to your situation and provide you with the tools and information necessary to make sure your loved one is protected, so you have peace of mind knowing your loved one will be taken care of just as you wish.How well you do or dont plan for a special needs family member can have tremendous consequences. Give us a call. Let us help you get it right.
Elder Law - Plan to provide for future needs and preserve your legacy.Planning for the future and ensuring that your wishes will be carried out doesnt have to keep you up at night. If you or your loved one is 60+, now is a good time to plan your legal strategies to receive care in your home as you desire and if you may need expensive long-term care. If you have plans in place, we will review them with you and suggest modifications or additions, if any, for you to accomplish your goals.Elder law and estate planning serve two different, but equally vital, functions. The main difference is that elder law is focused on ensuring your care and preserving your assets during your lifetime, while estate planning concentrates on what happens to your assets after you die.Elder law planning is concerned with ensuring that seniors live long, healthy, and financially secure lives. It usually involves anticipating future medical needs, including long-term care. Elder law services include planning for the expected and the unexpected: pre-need planning and crisis planning. Planning is tailored to each clients concerns, goals, family dynamics, and immediate or potential future care needs and may include planning tools such as:Advance Directive for Health Care (Living Will)Healthcare Power of Attorney with Healthcare PreferencesDurable Power of Attorney for Property with Expanded PowersLong-Term Care Sensitive WillsCertification as to Validity of Power of Attorney and Agents AuthoritySpecial Needs Trusts or Other Asset Protection TrustsMedicaid and SSI PlanningLong Term Care PlanningGuardianships and ConservatorshipsUnderstanding/Protecting Against Elder Abuse and NeglectElder law planning also includes your instructions about living arrangements and priorities when it comes to care, which benefits your entire family. Whats more, it can ensure that you are protected from elder abuse or exploitation when you get older or become incapacitated. For seniors, this means resting assured that you will not be a burden to your children, siblings, or other family members if/when you are not able to care for yourselves. For other family members, your planning manifests your love for them, providing peace of mind and the tools needed to ensure care is provided as planned.Finally, elder law covers assistance with guardianship and conservatorship, if needed. Guardianship and/or conservatorship may be necessary to protect and provide for individuals who are unable to care for themselves or live independently, who are unable to understand or manage money and assets, and who may be at risk of abuse and exploitation. Supported Decision Making may be an alternative to guardianship/conservatorship for individuals with limited abilities to retain their decision-making capacity by choosing supporters to help them make choices.When planning proactively, Ashley Day Law works with you to determine your priorities and what future needs must be met and put together the best course of action based on your income and assets to protect your quality of life and reduce unnecessary stress within the family.When crisis planning, our caring and comprehensive approach can help guide you through a difficult process and relieve you of some of your worries.Having to place a loved one in a skilled nursing facility can be an emotionally wrenching experience. To make matters worse, confusion often reigns supreme when determining how to best use income and assets and when navigating the Medicaid application process. Well-meaning family, friends, and even professional advisers may give conflicting or incomplete advice causing families needlessly to lose their property and assets. At Ashley Day Law, we will help you plan for future care needs and how to pay for them, prepare documents for you to enact your plan, and assist with the administration to ensure plans are implemented and assets distributed as instructed.You want to do what is best for the people you love throughout your lifetime and ensure they are taken care of after you are gone. Give us a call.