Chayet & Danzo, LLC Chayet & Danzo, LLC
Law Pay

Call for a Free Initial Consultation

Direct 303-872-5980
Toll-Free 888-472-1088
Email Us


After careful review of the COVID-19 environment, the law firm of Chayet & Danzo, LLC, will be conducting in-person appointments in our offices on a limited basis and with strict social distancing protocols.

During this time, our team will continue to diligently work remotely on all client matters and will maintain communication through email, telephone, and video conferencing. Our main office number, (303) 355-8500 will continue to be answered during our normal business hours of 8:00 a.m. to 5 p.m. Monday - Thursday and 8:00 a.m. to 4:00 p.m. on Fridays.

This decision to have limited appointments in-office while following strict social distancing protocols is in the best interest and health of our team, clients and community.

We will continue accepting new clients during this period as well as fully servicing our existing clients.

We wish you and your family continued health during these unique and challenging times.

Compassion, talent and dedication: guiding colorado families and Their Trusted Advisors During Times of Need

Federal guardianship study on people with intellectual disability

Last week, the National Council on Disability, or NCD, an independent federal agency, released its second major report on guardianship for people with intellectual and developmental disabilities, sometimes shortened to ID/DD. If we could pull an overarching theme from the report’s 100-plus pages, it may be that we need to step back as a country and take a hard look at whether guardianship is automatically the right protective device for a given person with ID/DD.

Respecting independent preference while protecting from harm

“Turning Rights into Reality: How Guardianship and Alternatives Impact the Autonomy of People with Intellectual and Developmental Disabilities” considers many important issues around a difficult balancing act. On the one hand, we want to promote independence and choice for a person with ID/DD while still making sure there are safety nets in place to prevent exploitation and provide comprehensive care.

The special education factor

The report considers whether guardianship should be the automatic choice. It explains that many public schools advise parents to get guardianship in place when their child receiving special education services turns 18 — a practice dubbed the “school-to-guardianship pipeline.” Special education is typically available until the student turns 22. Parents fear that if they are not guardians, they will not be able to participate in educational planning or have authority to sign off on official educational plans during the 18 to 22 age range when their child is a legal adult.

Once a person is under guardianship, it can last a lifetime, even if his or her ability to make decisions improves. The report encourages consideration of the full range of supports for a disabled loved one to decide on an option that is the least restrictive, while still providing sufficient protections.

Colorado legal advice

A Coloradan concerned about a person with ID/DD who wants to ensure that the vulnerable person receives appropriate personal and financial services and supports should speak with an experienced lawyer who works regularly with this population and related legal issues. The attorney can explain the spectrum of devices available in Colorado with an eye toward the strengths and vulnerabilities of the person of concern.

Disabilities can manifest so differently among different people. Some may be able to make certain kinds of personal decisions independently, while requiring support in other areas. For example, for a person with severe disabilities, maybe a guardianship makes sense, granting the appointed guardian the full range of decision-making powers to see that the ward receives appropriate housing, medical, vocational and other personal services. Another person may have the competence to make their own medical decisions and fill out a living will to appoint someone to step in if they become unable to make medical decisions.

In the financial area, options could include a full conservatorship or something less restrictive like a power of attorney (if the person is able to grant one), a representative payee for Social Security or SSI benefits, or a trustee.

Whatever the decision, those who care about the disabled person can make every effort to understand and incorporate the person’s preferences into all decision making so that as much as possible, the person directs or influences aspects of his or her life.






No Comments

Leave a comment
Comment Information

Watch Our Firm Video

We are the premier Elder Law firm in the Colorado region. We set ourselves apart from other law firms in the area with our talent, dedication, compassion and ability of our attorneys to handle any case in Elder Law. We serve Colorado families with experience and dignity in your time of need.

View More Videos

Denver Office
650 S.Cherry St., Suite 710
Denver, CO 80246

Toll Free: 1-888-472-1088
Phone: 303-872-5980
Fax: 303-355-8501
Denver Law Office Map

Edwards Office
105 Edwards Village Blvd.
Edwards, CO 81632

Toll Free: 888-472-1088
Toll Free: 1-888-472-1088
Fax: 303-355-8501
Edwards Law Office Map

Aspen Office
600 East Hopkins Avenue
Suite 301
Aspen, CO 81611

Toll Free: 888-472-1088
Toll Free: 1-888-472-1088
Fax: 303-355-8501
Aspen Law Office Map

  • Rated by Super Lawyers Macro Chayet
  • Rated by Super Lawyers Frank J. Danzo, III
  • Member National Academy of Elder Law Attorneys, Inc. TM
  • Avvo Rating 10.0 Superb Top Attorney Elder Law
  • 2015 Five Star Professional Wealth Manager Multi-Year Winner
  • Our new 2015 Medicaid Book: how to protect your Family's Assets from devastating nursing home costs
  • Peer Review Rated For Ethical standards & Legal Ability TM Martindale Hubbell