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Consulting Counsel Co-Counsel Divorce Attorneys

Denver Special Needs Lawyers Acting As Co-Counsel For Divorce Actions Involving Incapacitated Spouses

Most divorce actions in Colorado are complicated. However, when an incapacitated spouse or disabled child is involved, there are even more factors that need to be considered that are highly technical and require sensitive analysis. In order to protect these special individuals, family law attorneys throughout Colorado often call upon Chayet & Danzo, LLC, to assist them as co-counsel when figuring out how to best serve incapacitated clients who are parties to a divorce action.

Chayet & Danzo, LLC, is well-equipped to handle the complex issues surrounding special needs, disabled and incapacitated spouses, or children. These individuals require that, as part of the divorce settlement, their long-term planning needs are addressed, as well as a host of other life issues. If you are involved in a divorce action and require co-counsel that is proficient in handling these sensitive matters, contact us today to see how we can be of service to you.

The estate planning and disability lawyers at Chayet & Danzo, LLC, can assist families and divorce attorneys who need effective co-counsel with regard to the following types of issues surrounding incapacitated individuals:

  • Estate planning that may include special needs trusts
  • Long-term care planning
  • Determining who will pay for care, for how long, and how payments will be made
  • Parenting plans and visitation plans for incapacitated minors who are living in health care facilities
  • Amending and updating health care directives to show a change in legal custody decision making as well as who will now make health care decisions for an incapacitated spouse
  • Preserving benefit payments such as Medicaid, Medicare, Social Security Disability, and veteran’s benefits through careful estate and financial planning

It is imperative that family law attorneys who are not experienced dealing with these types of matters retain co-counsel who are experienced handling these types of issues because under Rule 1.14 of the Colorado Rules of Professional Responsibility, attorneys handling these types of cases have a heightened duty of care when it comes to protecting clients with diminished capacity individuals by consulting a guardian or making sure one is appointed.

Additionally, we are equipped to serve not just as co-counsel but as guardian ad litem as set out in In Re Sorenson. This pivotal and controlling case states that guardianship is appropriate when an incapacitated individual is mentally impaired to the point where they cannot understand the proceeding they are involved in, cannot actively communicate with counsel, or cannot weigh the advice counsel provides them to assess if it is in their best interest or not.

If you need experienced, effective co-counsel for a divorce matter that involves incapacitated children or minors, please contact Chayet & Danzo, LLC, today to see how we can use our breadth of experience to assist you.

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