Why couldn't mentally capable, but disabled individuals set up a special needs trust (SNT) for themselves in the past? A legislative oversight from over 25 years ago is the basic answer.The 21st Century Cares Act corrected the issue in December 2016. The legislation...
At & , LLC, our elder law practice includes legal counsel for people across Colorado about long-term care. Placement counseling includes review of facility admission agreements to advise clients about the...
This saying of former Defense Secretary Donald Rumsfeld aptly describes an inherent challenge in the estate planning process. Some of the events categorized into the ‘known unknowns’ bucket might be a heart attack, early onset Alzheimer’s or serious...
Talking about end-of-life issues is not a popular pastime, so it might not come as a surprise that many adults do not have advance directives expressing their end-of-life wishes. The scale is staggering however. A recent analysis by a researcher at the University of...
What do a collection of Christmas ornaments, hand-written recipe cards, a set of Flow Blue china, a grandfather clock or a piece of costume jewelry have in common? They may carry sentimental value. Many couples overlook these items during the estate planning...
Recently, media outlets published that Francis Bean Cobain - the 25-year-old daughter of Nirvana's Kurt Cobain - receives about $100,000 a month from a trust funded by her father's publicity rights. Her father died without even a simple will. Intestacy laws dictated...
What is included in a loved one's estate? Often you have no idea unless listed as the personal representative in a will or appointed to wind down an estate by the probate court.Some property is not difficult to identify (i.e. the home that a parent owned, vehicles, a...
Marco Chayet, a founding partner of LLC, and the Chair of NextFifty Initiative, was proud to participate in this week's announcement by Gov. John Hickenlooper and Lt. Gov. Donna Lynne that Colorado has received a grant to fund a senior...
In estate planning, probate, guardianship and conservatorship, Colorado courts and individuals appoint people to positions of responsibility, care taking and decision-making. Examples of fiduciaries are personal representatives, trustees, guardians, conservators,...
In Colorado, conservatorship allows a conservator/fiduciary to handle the financial matters of an incapacitated person, the protected person.A conservatorship and guardianship (related to living arrangements, daily needs and health care) are common for a minor child...
