Incapacity planning is simply a collection of legal documents that you create in anticipation of possibly becoming unable to express your wishes or make decisions.
What exactly is incapacity and why does it matter? Let's take a look at some basic concepts you should understand before you begin making an incapacity plan.
Legal Incapacity
Under Colorado probate laws, and incapacitated person is someone who cannot effectively receive or evaluate information. That person's inability to make or communicate is so significant that he or she can no longer provide self-care or look after their needs for health and safety even if reasonable technological assistance is available.
In simpler terms, an incapacitated person is someone who has lost the ability to make choices, or who can no longer care for themselves.
Incapacity Determination
When the court is asked to determine if someone is incapacitated, there is no single test the court uses to make its decision. Instead, the court looks at each case individually and determines what the adult's capabilities are. In some situations, the court might determine that the person is entirely incapacitated and will appoint someone to make all decisions on that person's behalf. In other situations, it might determine that a person is only partially incapacitated and will appoint someone to make limited types of decisions, such as managing the persons property or finances.
Incapacity Planning
Every capable adult in Colorado can make his or her own incapacity plan until a court deems the person incapacitated and unable to make choices. These plans allow you to make your choices in advance of becoming incapacitated, even though this may never happen to you.
Through such a plan you can, for example, give someone else the ability to manage your finances, property, and day-to-day concerns. Should you ever become incapacitated this person will gain the right to make these decisions without the necessity of a court having to step in and appoint someone to do them on your behalf.
You can only make an incapacity plan if you are currently capable. If you wait too long and lose your ability to make choices, you leave it up to a court to make the choice. As you won't be able to express your wishes at the time, this could mean that the court will appoint someone of whom you do not approve.
Editor's Note: This article was submitted by Catherine Hammond.
Catherine is an attorney with Hammond Law Group and may be reached at719-520-1474 or by email at info@coloradoestateplan.com.
Seniors and Caregivers: Establish an Emergency Action PlanFor seniors and their caregivers, having a plan in place should an emergency strike can provide some peace of mind in a turbulent world. A crisis, such as illness, trauma, natural disaster, or any other unexpected adverse event, may one day require you to act quickly and decisively.Thinking and adapting can be particularly difficult when you are facing a high-stress situation. This is why disaster experts emphasize the importance of planning and practicing for various types of emergencies.For example, you might decide to run a fire drill in your own home. If your loved one lives in a residential facility, you want to ensure that the facility has suitable procedures in place. In an emergency, their staff members need to be able to provide adequate care for your loved one.If you do not have a disaster plan, its time to start creating one. If you have one, update it yearly and anytime there is a major change in your or your loved ones health care needs.Sharing Information on CaregivingHopefully, you would be able to continue to care for your loved one during and after a crisis. You should still ensure that other trusted individuals know how to care for your loved one, in case you are not with them. The more these helpers know about how to tend to your loved ones needs in emergency situations, the better.Start with writing a document to share with alternate caregivers. Involve the person who needs care as much as possible in this process. That way, you are making your loved one aware and allowing them to contribute. At the same time, it is also a great way to prompt conversations about what they might like to change in their current situation.The document should list your loved ones current needs, impairments, medications, and allergies. Describe what a typical day looks like for them, what provides comfort, and what foods they enjoy or avoid. Include crucial identifying information such as a current photo, date of birth, and Social Security number.A short biography informing providers of your loved ones interests, personality, and background can go a long way, especially if you are often their advocate or need to speak for them. Share this information with other family members, a family lawyer, their care facility, and anyone else who might help during a crisis.If you do not live with or near the person for whom you are creating the plan, think about who can help care for them until family arrives. Check which organizations or neighbors may supply necessities and check in on your loved one daily.In the Event of an EmergencyBe sure to keep any relevant medical information as well as your trusted contacts in an accessible place. Emergency responders, for example, you may look for your In Case of Emergency (ICE) contacts in your smartphone. Medical ID bracelets are essential for first responders as well.In addition, the Centers for Disease Control and Prevention (CDC) offers a Care Plan that you or your caregiver can print and fill out. In it, you can include detailed information on your medical care and emergency contacts. The CDC suggests storing the completed form in a waterproof bag with your insurance cards and photo ID.Consider creating a safety profile with Smart911 if it is available in your area. This free service will provide 911 dispatchers with details about your health needs or disability. In an emergency, this information could aid them in locating or assisting you. You can create profile for loved ones as well.Compile a disaster supplies kit; this may include your medications and any necessary medical supplies for your specific condition. Other items, like N95 masks, matches, and towels can prove useful in an emergency. Visit Ready.gov and the American Red Cross website for lists of recommended items and guides on preparedness.Planning for EvacuationThink ahead about how you would evacuate quickly and safely. Consider where you would go, how you would get there, and what you would need to bring.Does your chosen relocation site have adequate food, water, toiletries, and medication available? In times of emergency, keep in mind that you can check with the pharmacy before leaving, as many will provide early refills. Some major retailers also offer prescription delivery.Your plans should address specific seasons. For example, it may make sense to have summer plans that differ from winter ones, depending on where you live.Often, you or the senior needing care has medical needs requiring equipment, medicine, and attention. If they are not mobile, think about how you would relocate them in an emergency. Consider organizing some medical supplies in a bag or box to grab for a quick exit.Emergency relocation requires addressing the need to move all assistive medical devices and durable medical equipment. Remember batteries and chargers for all necessary devices.Try to avoid the need to evacuate quickly. A proactive early departure will help you stay calm and think more clearly. It may also help prevent potential difficulties like gas shortages and traffic jams.A Crisis Plan for Senior Citizens in a Residential FacilityYour plan for a senior living in a facility will look different than it would for one living in their home. Below are some recommendations to ensure aging loved ones in a facility will stay safe in a disaster:Review the facilitys backup generator, evacuation routes, and other basic precautions.Make sure the facility has your primary and alternative contact information.Request updates from health administration staff regarding changes in your loved ones emotional or physical state.Ask for medical records that document all care they are managing.Communicate frequently with your loved one in any way possible to ensure they are as safe as possible.Take detailed notes because it is easy to overlook or forget important details during times of high stress.Share as much information as possible with your loved one to reassure them that their health and safety are a priority.Start Small and SoonIt may feel overwhelming to consider all the steps involved in crisis planning and put it off until another day. Unfortunately, you never know when disaster might occur, so theres no time to lose.To start, jot down the most critical information and share it with your loved ones. You can always update your plan with more details later. These steps can provide organization, protection, and comfort in times of great uncertainty.This article shared by Ashley Day Special Needs & Elder Law. Ashley Day can be contacted at 251-277-3377
Many Colorado Seniors and Disabled Adults are concerned about the recent funding discussions about Federal, not State, Medicaid changes, and how they might impact Long-term Care Medicaid benefits here in Colorado. There are 40+ different Medicaid programs in the State of Colorado alone, which are funded differently. Some of these Medicaid programs will be impacted by Trumps changes.At this time, it is important to know that the Medicaid changes imposed do not affect Long-term Care Medicaid in Colorado. If you are currently receiving Long-term Care Medicaid benefits or considering applying, you can rest assured that your eligibility, services, and coverage remain intact. Long-term Care Medicaid has already been funded for 2025, therefore nothing will change this year. In addition, there have not been any major changes to Colorado Long-term Care Medicaid in 20 years, and we dont foresee any changes now. In the meantime, if you have any questions about your coverage or need assistance navigating the Long-term Care Medicaid process, please dont hesitate to reach out to Beneficent. www.DoingGoodForOthers.com/contactus
This chilling scene from The Beekeeper is a dramatic yet realistic example of a type of phishing scam directed at seniors: Eloise, a retired schoolteacher, is on her computer looking over charity accounts that she manages when a virus warning pops up. She calls the provided number, which unknowingly to her connects to a call center operated by a phishing scam operation.The call center rep portrays a support desk tech and during his conversation with Eloise, he lies about the source of the virus warning. She falls into his trap by installing fake antivirus software, which links to all the charity accounts. The connected malware drains over $2 million from the charities Eloise runs. She realizes too late what has happened and is left in despair.Among the fastest-growing cybercrimes targeting seniors today are phishing or smishing scams. In phishing/smishing scams, criminals send fake messages to trick seniors into giving away personal information, such as passwords, credit card numbers, or even one-time passwords (OTP) for account verification.Why are seniors often preferred targets for these scams, and how can they stay protected? Heres a comprehensive guide to help you and your loved ones stay safe from smishing.Why Are Seniors a Preferred Target for Phishing/Smishing Scams?Seniors are often targeted by scammers for several reasons:Less Familiarity with Technology: Many seniors arent as familiar with new digital threats, making them more vulnerable to smishing and phishing techniques.Trusting Nature: Scammers exploit the trusting nature of seniors, knowing that they may be more likely to believe the legitimacy of a message.Isolation: Scammers often prey on seniors who may be isolated or lonely, making them more willing to respond to messages, even from unknown numbers.Financial Independence: Many seniors control their own finances or have access to retirement funds, which makes them valuable targets.Keep reading for more about the different types of phishing and smishing scams and how to recognize and avoid them.Common Types of Phishing and Smishing ScamsOne-Time Password (OTP) ScamOne-time passwords (OTPs) are security codes sent to your phone to verify your identity when logging into accounts or making transactions. Scammers try to trick seniors into giving up these codes, allowing them to take control of their accounts.Example Your Venmo account login is suspicious. Please verify your identity by providing the OTP sent to your phone.In this case, the scammer is pretending to be a trusted company and trying to get the OTP that was sent to you for your own security. Never share your OTP with anyone, especially through text messages or phone calls. If you receive an unexpected OTP request, its a red flag that someone may be trying to access your account.Bank Account and Credit Card ScamsThese messages often warn of suspicious activity on your bank account or credit card and ask you to take immediate action by clicking a link or providing your details.Example Your account at Bank of America has been temporarily locked due to unusual activity. Click here to unlock your account: www.fakebanklogin.com.Banks will never ask you to verify your account through a text link. Always contact your bank directly using the phone number from your card or statement if you suspect an issue.Delivery ScamsScammers will send messages claiming that you have a package waiting for delivery, but they need additional information to process it.Example UPS: We tried to deliver your package but need additional information. Please provide it here: www.fakedelivery.com.These messages are often designed to capture your personal information or steal credit card details. Always check with the delivery service directly through their official app or website.Fake Tech Support ScamsScammers impersonate tech support from well-known companies, claiming that your device has been compromised.Example: Microsoft: Your device has been infected with malware. Click here to install antivirus software immediately.Legitimate tech support will never contact you this way. These scams aim to trick you into downloading malicious software that can steal personal data.Government or Tax ScamsScammers impersonate government agencies like the IRS, warning about unpaid taxes or offering refunds in an attempt to steal personal information.Example IRS: You have an overdue payment of $1,500. Please pay immediately to avoid legal action.Government agencies will never ask for personal information or payments via text. Contact the agency directly if youre ever unsure.How to Report a Phishing/Smishing ScamIf you or a loved one encounters a suspicious text message, its important to report it to help stop the scammer from targeting others.Heres what you can do:Forward the Scam TextIn the U.S., you can forward scam texts to 7726 (SPAM). This service is provided by most major mobile carriers, and they will investigate suspicious messages.Report Scam to the FTC (Federal Trade Commission)You can report smishing and other frauds to the FTC by visiting their website at ftc.gov/complaint. Reporting these scams can help law enforcement track and shut down fraud rings.Report Scam to the Company Being ImpersonatedIf the scam text appears to be from a well-known company (like Amazon, your bank, or the IRS), you can report it directly to their fraud department.Block and Delete the Number from Suspicious MessageIf you receive a suspicious message, block the sender immediately and delete the text. Never engage with the message, as scammers can collect information based on your replies.Tips for Seniors to Protect Yourself from Smishing ScamsBe Skeptical of Urgent RequestsSmishing messages often create a sense of urgency, pressuring you to act quickly. Dont let the panic take overslow down and think it through.Verify with the Company DirectlyIf a message seems to come from a known company or institution, contact them using their official phone number or website. Never use the contact information provided in the suspicious message.Look for Red FlagsCommon red flags include poor grammar, generic greetings, and unsolicited offers. Trust your instinctsif something feels off, it probably is.Never Share Personal Information via TextLegitimate organizations will never ask for your passwords, credit card numbers, or OTPs via text. Always keep this information private.Install Security SoftwareThere are security apps that help detect and block phishing or smishing attempts. Consider installing one to safeguard your mobile device.Educate Your Loved OnesTalk to seniors about these common scams, and make sure they feel comfortable asking for help if they receive a suspicious message. Staying connected and informed can make all the difference. Keep Alert for New Scams Targeting SeniorsBy educating yourself and your loved ones about smishing and other scams, you can reduce the risk of falling victim to these harmful schemes. Always be cautious, never share personal information through text, and report suspicious activity immediately. Remember: when in doubt, dont click, dont reply, and always verify.