Living Wills

The Living Will is also referred to as the Advance Directive for Medical/Surgical Treatment. This advance directive allows adults who have decisional capacity to set forth their written decisions as to the acceptance or rejection of life-sustaining procedures if at some future time, he or she has a terminal condition or is in a persistent […]

Powers Of Attorney

Top Ten Facts About Powers Of Attorney ~ The person signing the power of attorney which gives someone else the authority to act for them is called the “principal” and the person who is given the power to act for you is called your “agent.” The agents authority pursuant to a powers of attorney ceases […]

Undue Influence

In many cases where a Will is contested, the claim of “undue influence” is presented as grounds for asking the Court to invalidate a Last Will and Testament (“Will”).   Undue influence has been proved where at the time of preparation or execution of the Will, a beneficiary of such Will was actively involved in […]

Deeds And Probate Avoidance

I have had many clients ask me if they should put their children on the deed to their home. This is not a good idea.  You must understand that if you sign a Quitclaim Deed, and you record that deed or deliver it to the grantee on the deed, you are giving away an interest […]

Medicaid And Estate Recovery

Medicaid is a federal medical assistance program for low-income people, which is administered by the state.   In Colorado, Health First Colorado administers our Medicaid Program.  Health First Colorado is funded jointly by a federal-state partnership and is administered by the Department of Health Care Policy and Financing.  Medicaid is public health insurance for those […]

Why You Need an Estate Plan NOW: Planning for an Uncertain Future

By Kate Silburn, Attorney, Rocky Mountain Elder Law ~ Many of us tend to procrastinate on estate planning, thinking we don’t need it because we’re healthy or not facing immediate concerns. However, life is unpredictable, and unforeseen events, such as illness or dementia, can disrupt our plans. While hoping for the best, we need to […]

Happy Holidays!

I am so grateful for your support this year.  I have had my own law practice for 34 years and I could not have done it without my loyal clients.  This year started off terribly, with the pipes at my office bursting during the Christmas freeze. My office building is over 100 years old, so […]

Colorado End-Of-Life Options Act

Colorado voters approved the End-of-Life Options Act which is also referred to as the medical aid-in-dying law in 2016.  This law enables your doctor to prescribe medication for you to bring about your own death.  To exercise this option, you must submit a written request to your doctor and you must: 1) be terminally ill […]

Protecting Your Legacy: Why You Need an Estate Plan Now

By Kate Silburn, Rocky Mountain Elder Law ~ In today’s fast-paced world, it’s easy to put off estate planning. We often get caught up in the hustle and bustle of daily life, thinking that we have plenty of time to address these matters. There’s always tomorrow, after all.

Duties Of A Personal Representative

A personal representative is the person who is responsible for administering an estate after the death of someone.  To be valid, your Last Will and Testament (“Will”) must name a personal representative (sometimes called an executor).  The person you name as the personal representative has no authority to act for you, until they are appointed […]

What To Do When Someone Dies

It would be nice to have an instruction booklet to list all of the things we need to do when a loved one dies.  I could not possibly relate everything you may need to know or everything you may need to do in the first few days following a death, but let this list serve […]

A Colorado Revocable Living Trust Makes Good Sense

In general, there are two primary documents used to transfer your assets at your death, Wills and Trusts.  Colorado estate planners differ in opinion as to which document is preferable.  I believe there are advantages and disadvantages to both documents so I discuss how each would affect the client during an estate planning consultation.   […]

Estate Planning For Unmarried Couples

Many couples choose not to be legally married, even if they have been together a long time.  There are both personal and financial reasons for not getting married.  Some of my older clients choose not to marry because they do not want to affect their children’s inheritance. Some of my younger clients would rather not […]

Frequently Asked Legal Questions

Do I need a Will?  If you do not have a Will, the laws of the State of Colorado determine who is entitled to your assets and they determine who has priority to be your personal representative (executor).  How long is my Will good for?  Wills do not expire.  Unless you change or revoke a […]

Legal Guardians

When someone is impaired by mental illness, physical illness or another disability, and they have not previously appointed someone to act for them through a health care power of attorney, or they have revoked their health care power of attorney, they may need a court-appointed guardian.  A guardian is someone who is appointed by the […]