1.      You are not alone.  Yourcaregivers and the agency office staff are now a part of your team.  Thats right, you have a team now.  You are no longer alone on this journey.  Set up your new team as an extended part ofyour family.  Share your insights withthem and learn from the insights they garner from their time spent with yourloved one.  Because these new teammembers dont have the same history and dynamics, you will be surprised by thedifferent relationship they are able to form with your loved one.  2.      This is a journey give it some time.Agingis a journey, not a destination.  Allowtime for the agency to find the right fit and then for those caregivers todevelop relationships that will bond them to your loved one and will help makethe journey smoother.  Everyone understandsthere are tasks to be handled, but if you have a resistant loved one, allowsome time for the caregivers to build trust inside that relationship.  You will find that once trust has been built,those tasks (and so much more) can be easily accomplished.3.      Communication is the key.Goodcommunication with your team is the key to success.  Whether is it receiving reports after everyvisit or setting up regular team meetings, staying in regular contact is vitalto making sure this relationship is best serving you and your loved one.  Once care is put in place, the journeycontinues.  If you are in constantcommunication with your caregivers and your agency team, then you will all beable to adjust and pivot easily.Caregiving tends to be reactive, not proactive. But, witha team in place, trust built and open communication you can get ahead ofchanging needs and make a plan that will make the experience better foreveryone. Creating a team of support around you and your loved one will set everyone up for the best possible outcomes.   Editors Note: This article was submitted by JaredKelso.  Jared Kelso is the owner of Friends For Life, Inc. and may be reached at 303-321- 2822 or by email at jared@friendsforlifeinc.com.   

This article explores how new requirements in the Uniform Power of Attorney Act (UPOA) encourage law enforcement to collaborate with government agencies, such as Adult Protective Services (APS), to prevent financial exploitation of at-risk adults. The new law: Provides more teeth for enforcement against agents that illegally utilize the power of attorney for their personal gain. May help prevent agents with sticky fingers from dodging civil or criminal penalties. May prevent agents from hiding behind gifting powers or other broad language interpreted by them to permit self-dealing. Better defines the duties and requirements of the power of attorney; and Provides a reporting requirement that increases transparency of the agent's activities. The UPOA better enables law enforcement and other government agencies charged with protecting the welfare of at-risk adults to stop the exploitation. In the past, a report of exploitation would typically not be investigated by law enforcement because of the difficulties dealing with financial crimes and limited resources. These crimes are tedious to investigate because of they are paper crimes usually without witnesses. Also, the exploiter that uses the power of attorney to gain access to the assets can hide behind various clauses in the power of attorney to justify or defend the conversion of the property. For example, many powers of attorney contain broad gifting powers that permit the agent to give away the principal's assets. The gifting authority may have been intended to be used for estate tax planning or Medicaid planning, but if not limited, the agent could simply exploit the estate by making gifts. The new power of attorney act allows for gifts limited to the Internal Revenue Code annual exemption, which is currently $13,000 per year, per individual. Broader gifting powers must be expressly provided in the document. Financial exploitation happens quickly and can go undiscovered for a long time. It is especially sinister because the exploiter is supposed to be a trusted agent, but instead fleeces the estate they are appointed to protect. The exploitation may be suspected by subtle changes in behavior or spending habits of the person, but often no inquiry is made because of privacy concerns. More obvious indicators may be drastic changes in banking or investments, or new mortgages being obtained. The exploitation is typically discovered by someone close to the person. The person concerned about possible exploitation has various avenues to seek help, but not all will result in protection. Three ways of handling suspicions about financial exploitation are as follows: Informing family members of concerns. Making reports to law enforcement or adult protective services; or Filing a civil action to remove the agent or to allege exploitation in a petition for conservatorship. In the past, obtaining evidence of financial exploitation was always challenging and often took too long. Such delays provide an exploiter with more time to hide evidence, steal money and escape prosecution. The UPOA provides a fast tool to deal with suspected exploitation by requiring the agent to provide a report within thirty (30) days upon a request. The new law states that a fiduciary or governmental agency having authority to protect the welfare of the principal can require the agent to disclose receipts, disbursements or transactions conducted on behalf of the principal within thirty days. In using this tool, both law enforcement and adult protective services (APS) can more quickly seek protection for the at-risk adult. The prompt reporting requirement mandates the agent to act and bypasses the need for a subpoena or court order. An agent's failure to comply within thirty days is a breach of the agent's duty and may provide further confirmation that the estate is being mishandled. This reporting requirement is substantial because it causes the agent to provide the necessary evidence in a timely manner. The direct involvement of law enforcement and APS underscores the important message to all agents that financial exploitation will not be tolerated. Editor's Note: This article was submitted by By Jennifer S. Gormley, Esq. She may be reached at 303-783-9600

In 2022, and after living through the pandemic, everyone needs an estate plan, it doesnt matter what your socio-economic circumstances are.  A simple estate plan will typically contain at least three documents. This will generally include a durable medical power of attorney and a durable financial power of attorney. The other documenttypically found is a way to pass your property upon death such as a will.  However, there are times when a trust might be an option in your estate planning instead of or in addition to a will. So why should you consider a trust? Trusts are useful estate planning tools that can accomplish a variety of goals. They can help avoid probate, minimize taxes, and be used to give property to minor or disabled loved ones. Trusts can be created during a person's lifetime (Living Trusts) or at the person's death (Testamentary Trusts). Some different types of Trusts from both categories are discussed below.Living TrustA person can transfer their assets to a Living Trust and, as trustee, continue using their assets as they always have.Tax Planning TrustsSeveral different types of Living Trusts provide flexible alternatives for minimizing capital gains and estate taxes, including the Charitable Remainder Trust, Irrevocable Life Insurance Trust, Qualified Personal Residence Trust, Grantor Retained Annuity Trust,and Grantor Retained Unitrust. Testamentary TrustsA person can create a Trust under a Will, called a Testamentary Trust, which does not take effect until they are deceased. Disability Trusts (also known as Special Needs Trusts)A Disability Trust is a type of Living Trust that allows a disabled person under the age of 65 to use her own assets for her special needs, other than food and shelter, and keep public benefits, such as Medicaid and Supplemental Security Income (SSI). 3 reasons you may need a trust as part of your estate plan  Are you concerned about protecting a gift from creditors or litigation?  Does a loved one need nursing home care or Medicaid eligibility? Do you want to provide for children, grandchildren or charitable organizations? The types of assets you own is another important consideration. Here are three typical reasons you might need a trust.1. A loved one cannot be trusted with a large gift or has special needs            If you have concerns that a child does not have the financial skills to manage a gift or the loved one receives government benefits.                        2. You want to transfer complex assets in a thoughtful manner            Trusts can be effective for keeping a vacation home or a closely-held business in the family. For large charitable donations, a trust allows you to leave a vision for how you would like the gift used.            3. Limiting the potential for relationship-damaging fights is important            When you have worked hard and been successful, a trust may be able to limit conflict and the legal fees associated with litigation. Editors Note: This article was submitted by Marco D. Chayet, Esq. Marco is a partner in the law firm Chayet & Danzo, LLC, and the Public Administrator for the 18th Judicial District; he may be reached at 303-355-8500  or by email at Marco@ColoradoElderLaw.comThis is a brief overview of the topic and should not be considered legal advice.

Providing care at any level should go beyond simply treating a persons ailment or condition. While the phrase health and wellness may lead some to focus on physical aspects, it really refers to the well-being of the whole person mind, body, and spirit. Wellness infers that a persons whole being is treated and cared for.In recent years, the holistic approach has become more popular. One of the reasons for the increasing popularity is that when used in conjunction with traditional western medicine, the holistic care approach can benefit individuals, provide a deeper level of healing, and improve their overall well-being.It is common to think that holistic care refers to alternative or complementary therapies such as aromatherapy or massage therapy, but that is only part of this person-centered care approach. The idea behind holistic care is that it treats the whole person, not just the condition and symptoms.Holistic care is a different way of thinking about and approaching care and wellness. A vital part is personalized education and involvement in the process. Without the power of positive thinking and learning about and following treatment remedies, holistic care is not as effective.Due to the nature of holistic care, it can promote healthier living habits. As a more natural approach that may include significant lifestyle changes and focus on healing the whole person, holistic care is a great way to refresh your lifestyle and get on a path that leads to improved health and wellness.It is important for each of us to get to know our minds, bodies, and spirits as well as what heals us and helps us to feel safe and at home. The holistic approach is important because it embodies and aligns with person-centered care and building community. We know it can be challenging to find balance and meaning in life.Editors Note: Hope Carwile is an Innovations Specialist for Vivage & WellAge Senior Living. For more information on our Holistic Care and Integrative Wellness programming, please reach out to us at 303-588-2826 or email: hcarwile@vivage.com