Denver Elder Law Blog

When a loved one is unable to care for him or herself, family members may struggle to make the best choices. There may be financial concerns, such as managing the estate of an elderly parent who is showing signs of dementia. Perhaps most urgently, family and friends may worry about the health and well-being of their loved one. At some point, they may have to reach an agreement about whether guardianship is the best option.

In Colorado, conservators are court-appointed to oversee the financial issues for those who cannot manage for themselves. Guardians, however, have a more personal role. They have authority to make decisions for the individual related to health care, living arrangements and other matters in an effort to keep the individual safe and maintain his or her dignity. Typically, guardianship is a useful legal option for those who may have Alzheimer's, brain injuries, mental disabilities or other conditions.

Raising a family and planning for its future can be a daunting task even in the best of circumstances. But for those Colorado families faced with the additional challenge of a special needs family member, this task is often magnified. In this case, special needs planning is a critical component of estate planning for the family's future.

In some instances, the family is aware that their baby will be born with special needs. In other cases, an illness or accident results in a family member developing special needs. Regardless, planning for the family's future and this member's future in particular is an important part of estate planning.

You have probably heard of something called a power of attorney, especially when it comes to your aging parent. When going over the estate and medical directives, a power of attorney is an important document to include.

What is a power of attorney and why is it so important?

As with most things, preparing ahead of time for one's initial meeting with an attorney can save both time and money. Estate planning encompasses a vast array of decisions which must be made and assets which must be addressed. By thinking through some of the basics and gathering the appropriate information, the Colorado resident can be prepared.

In addition to providing the attorney with one's basic information, the attorney will need to know one's marital status and if there are any children. Additionally, if there are children and one of them has borrowed from his or her portion of the estate or should be treated differently than any others, this should be noted. For example, one child may be estranged from the family, may be financially irresponsible or may have a disability that necessitates other considerations.