When Do You Need A Guardianship Or Conservatorship In Colorado ?
Chayet & Danzo, LLC
Apr 30, 2018
Colorado - Denver North Metro
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A power of attorney is a document that is executed by a competent person which gives a nominated agent the authority to manage all or some of a persons medical or financial affairs. A power of attorney is durable if it is able to be used when that person no longer has the capacity to make a financial or medical decision. In the absence of planning, and when the individual is too ill or no longer competent to name an agent to help manage financial and medical affairs, court intervention such as a guardianship or a conservatorship is often necessary. Other times when a guardianship or conservatorship may be necessary include when an individual never had or formed the ability to name a decision-maker for them, where there are conflicts between nominated decision makers, when there are concerns that an agent for someone is inappropriately influencing the incapacitated person, or in the case of a true emergency where a court appointed guardian or conservator is the only way to get a decision made.
Guardianships and conservatorships for adults are established through a Colorado probate court for those incapacitated people who need a representative to assist them in making a decision. An incapacitated person in Colorado is defined as an individual who is unable to effectively receive or evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to satisfy essential requirements for physical health, safety, or self-care even with appropriate and reasonably available technological assistance.
Guardianships and conservatorships can generally be avoided if you or your loved one has executed a good estate plan. Remember the authority to make decisions for an incapacitated person must be given before that person becomes incapacitated. A basic estate plan should include a will or a trust, a durable medical power of attorney and a durable financial power of attorney. With an increase in the aging population and advances in medical technology, people are living longer. Therefore, it is likely that you or your loved one will face a period of incapacity. Planning for your incapacity is just as important as planning for the distribution of your estate upon your death and a basic estate plan could help to avoid the expense and time of a guardianship or conservatorship proceeding.
Editors Note: This article was written & submitted by Marco D. Chayet . Mr. Chayet is a partner with Chayet & Danzo, LLC. We are elder law attorneys who concentrate our practice on complex probate, trust and estate litigation and estate planning. Mr. Chayet can be contacted at 303-355-8500 or Marco@ColoradoElderLaw.com
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Local Services By This Author
Chayet & Danzo, LLC
Estate Planning 650 South Cherry Street, Denver, Colorado, 80220We are a client-focused elder law and estate planning firm serving all of Colorado. Our attorneys provide the highest quality legal services and professionalism, while representing our clients in a cost-effective manner. Meeting the needs of our elder law clients depends on moving beyond conventional legal work to offering practical assistance in planning, counseling, educating, and advocating for the senior or disabled client and their families. Call Toll Free 1-866-873-6596.
Chayet & Danzo, LLC
Elder Law 650 South Cherry Street, Denver, Colorado, 80220Chayet & Danzo LLC is a client focused elder law and estate planning practice serving families and individuals throughout the state of Colorado. At our firm, we have a dedicated team of highly skilled attorneys who will work hard to ensure that you receive the best legal services possible combined with professional courtesy. We specialize in the needs of seniors, disabled individuals and their families and offer products and services that go beyond the conventional legal offerings. From counselling and representation to planning and education, it is our goal to assist you through lifes critical stages.Elder law is at the core of what we do at Chayet & Danzo LLC. Elderly people and disabled individuals and their families often face many legal and financial issues that we can help clarify and solve. We assist seniors and their families with:Long Term Care: If you or a loved needs in home care, assisted living or skilled nursing facility we can help to put a plan in place for quality of life as well as preservation of assets.Medicaid Planning: It can be difficult to understand the rules of Medicaid eligibility and the services that are available. 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Chayet & Danzo, LLC
Fiduciary Services 650 South Cherry Street, Denver, Colorado, 80220We are a client-focused elder law and estate planning firm serving all of Colorado. Our attorneys provide the highest quality legal services and professionalism, while representing our clients in a cost-effective manner. Meeting the needs of our elder law clients depends on moving beyond conventional legal work to offering practical assistance in planning, counseling, educating, and advocating for the senior or disabled client and their families. Call Toll Free 1-866-873-6596.