Vincent & RomeoVincent & Romeo2026-04-17T20:30:10Zhttps://www.elderlawcolorado.com/feed/atom/WordPress/wp-content/uploads/sites/1404240/2022/09/cropped-Vincent-Romeo-Siteicon-32x32.pngOn Behalf of Vincent & Romeo, LLC<![CDATA[Creating an emergency elder law plan after a stroke or fall]]>https://www.elderlawcolorado.com/?p=510222026-04-17T20:28:05Z2026-04-17T20:28:05ZWhat can concerned family members do?
The first steps to take generally involve determining if the older adult has already planned for this exact situation. Gathering existing estate planning and long-term care paperwork, including powers of attorney and advance directives, can help concerned parties uphold any arrangements already established by the older adult.
If the older adult does not already have durable medical power of attorney in place and they have not yet lost capacity, having them sign now ensures there is someone to manage their medical needs as their condition progresses. If they are unconscious or otherwise incapacitated, families may need to initiate emergency guardianship or conservatorship proceedings in the Colorado courts.
If the older adult does not already have an asset protection plan and has not engaged in long-term care planning, Medicaid crisis planning may be necessary. An attorney can help identify vulnerable resources and create a plan to increase an older adult’s eligibility for Medicaid while protecting as much of their personal property as possible.
Especially in scenarios where the person who experiences a sudden emergency did not have an estate plan in place, immediate action may be necessary to ensure they qualify for key benefits and have someone to manage their affairs. Their resources could prevent them from securing long-term care Medicaid benefits or could be at risk of liquidation to pay for their care.
Prompt legal action can limit the lasting challenges generated by sudden medical issues and help an older adult to secure services and benefits they need, such as a room in a nursing home and Medicaid long-term care benefits to cover associated costs. Consulting with an experienced elder law attorney as soon as possible can help families provide the support an older adult needs after an emergency accordingly.]]>On Behalf of Vincent & Romeo, LLC<![CDATA[Minimizing the risk of sibling squabbles when caring for aging parents]]>https://www.elderlawcolorado.com/?p=509992026-01-21T18:04:12Z2026-01-21T18:04:12ZCreate a plan well in advance
The best time to prevent family conflict is before an issue arises. Siblings can sit down to talk with one another about what kind of support they can provide and what assistance their parents may eventually need. They can make arrangements among themselves regarding the practical and financial support needs of their parents. They can then discuss that arrangement with their parents, who can support that plan by creating or updating estate planning documents.
It is possible for the whole family to have a plan in place long before the parents need support. The aging parents can even establish documents in advance, such as durable powers of attorney, that can limit opportunities for conflict.
Recognize individual limits
Even those who have a strong sense of filial piety and responsibility toward their parents cannot sacrifice their marriages or their home equity to support their aging parents. Adult children need to identify their own limitations and be respectful of the limits that their siblings express.
They may need to have plans in place for working with professional caregivers. They may also need to set standards for when it may be necessary to look into a room in a nursing home. Ideally, the whole family can work cooperatively to plan for long-term care needs, including a parent's potential future need to apply for Medicaid.
Addressing care standards, the allocation of responsibility among adult children, asset preservation and long-term care costs in advance can help prevent familial disputes about the care of aging parents. Older adults who create thorough estate plans and discuss their wishes with their families can often minimize the risk of conflicts that might otherwise arise due to their support needs.]]>On Behalf of Vincent & Romeo, LLC<![CDATA[Top long-term care planning mistakes to avoid]]>https://www.elderlawcolorado.com/?p=509812025-11-18T18:19:14Z2025-11-18T18:19:14ZProcrastinating until care becomes urgent
The biggest mistake is waiting until a health crisis forces decisions. Once a hospital discharge or sudden diagnosis occurs, you may have only days to choose a facility or arrange in-home help. This limits your ability to compare quality and costs. Planning early gives you time to research care options in your community, understand waiting lists and decide how you want to pay for those services.
Underestimating the true cost of care
Many families misjudge how expensive long-term care really is. In Colorado, nursing home costs often exceed $8,000 per month, and assisted living or home health aides can still add up to thousands each month. These expenses can drain savings quickly if you do not prepare for them. By calculating projected costs and comparing them with your income and assets, you can identify whether insurance, trusts or other planning tools are necessary.
Assuming Medicare or Medicaid will cover everything
It is risky to depend only on government programs. Medicare covers only limited skilled nursing care and does not pay for most long-term stays. Medicaid will pay for nursing home care, but you must meet strict income and asset rules, which often require spending down your savings before qualifying. Planning ahead allows you to protect some of what you own, prepare for Medicaid eligibility if needed and avoid being forced to make hasty transfers that may trigger penalties.
Excluding family from key decisions
Another common mistake is leaving family members out of important conversations. When children or spouses are not involved, disagreements about finances, housing or medical preferences can erupt later, adding stress when quick decisions are needed. Including your loved ones early ensures everyone understands your wishes, helps reduce conflict and makes transitions smoother if you need care.
The path to stronger long-term care planning
Avoiding these mistakes helps you protect your savings, reduce conflict and create a plan that reflects your wishes. When you start the process early, you gain more options and greater peace of mind. You also give your family the clarity they need to support you with confidence. Getting the right help now makes it easier to start planning with certainty and move forward knowing your future is protected.]]>On Behalf of Vincent & Romeo, LLC<![CDATA[What is the role of the Colorado Long-Term Care Ombudsman?]]>https://www.elderlawcolorado.com/?p=509772025-07-03T15:42:56Z2025-07-03T15:42:56ZHow do the Ombudsman advocate for seniors?
Ombudsmen engage in various activities to support seniors in long-term care facilities. Their advocacy efforts include:
Investigating complaints: Ombudsmen investigate complaints made by residents or their families regarding care, treatment, or living conditions. They work to resolve issues by mediating between residents and facility staff.
Educating residents and families: Ombudsmen provide information about residents' rights and help families understand the complexities of long-term care regulations.
Monitoring facilities: Regular visits to facilities allow ombudsmen to monitor conditions and ensure compliance with state and federal regulations.
Promoting policy changes: Ombudsmen advocate for policy changes at the state and national levels to improve the quality of care in long-term care facilities.
Through these activities, the Ombudsman works to make sure that seniors' voices are heard and their rights are protected.
How do I contact the Colorado Long-Term Care Ombudsman?
If you or a loved one needs assistance, contacting the Ombudsman can be a valuable step. You can reach out by calling the Colorado Long-Term Care Ombudsman office directly for immediate assistance or visit the official website to find contact information and resources.
You can also attend community meetings or events where ombudsmen may be present to discuss concerns.
When do I need to take further action to protect a loved one?
Reaching out to a state Ombudsman is an important step in protecting seniors residing in long-term care facilities. While Ombudsmen can resolve many issues, there are situations where further legal action may be necessary. For instance, if a senior experiences severe neglect or abuse that the Ombudsman cannot resolve, legal intervention can help to further ensure accountability and justice. Additionally, if systemic issues within a facility persist despite Ombudsman involvement, legal action could be necessary to enforce regulatory compliance or seek damages.]]>On Behalf of Vincent & Romeo, LLC<![CDATA[What happens if my loved one becomes unable to care for their own needs?]]>https://www.elderlawcolorado.com/?p=509612025-04-10T15:42:24Z2025-04-10T15:42:24ZWhat is incapacitation?
In Colorado, an incapacitated person is someone who cannot understand or use information to make decisions, even with the help of technology. This might be because of dementia, mental illness, developmental disability, physical illness or other issues.
What are guardianship and conservatorship?
Guardians and conservatorships are both legal arrangements that support a person who
becomes unable to support themselves. However, they address different parts of this person’s
life:
Guardianship: A guardian is a court-appointed person who makes decisions about the person’s healthcare, living arrangements and other personal and medical matters. Their work ensures the person’s overall well-being.
Conservatorship: A conservator is a court-appointed person who manages the financial affairs of the incapacitated person. They handle tasks like paying bills, managing investments and protecting assets.
How do courts establish guardianship or conservatorship?
To set up guardianship or conservatorship, you need to ask the probate court for approval. The court will look at evidence to decide if the person really needs this support. This process involves:
Filing a petition: Start by filing a petition in the probate court where the person lives. The petition should explain why the person needs help and information about the proposed guardian or conservator.
Notice and hearing: After filing, you must inform family members and other interested people. The court will then hold a hearing to decide if guardianship or conservatorship is necessary.
Court visitor's report: The court usually appoints someone to talk to the person and others involved. This visitor will write a report with their findings for the court..
Court decision: The judge will look at the evidence, the visitor’s report, and any objections. If the judge decides the person needs help, they will appoint a guardian or conservator.
In Colorado, setting up guardianship or conservatorship requires careful attention. Consulting with an attorney can help you ensure that you meet all legal requirements and do what is best for your loved one. By learning about the process and what you need to do, you can help keep your loved one safe and supported.]]>On Behalf of Vincent & Romeo, LLC<![CDATA[How to get paid as a family caregiver in Colorado]]>https://www.elderlawcolorado.com/?p=509122025-01-15T17:18:18Z2025-01-15T17:18:18ZDo you have a family member or loved one who struggles to care for themself because of a physical or mental condition? You may be responsible for caring for your loved one with special needs. Your loved one may require transportation, around-the-clock care, medical supplies and financial support.
A commitment as large as this can be physically and financially taxing. It can take a lot of time and energy to help ensure your loved one’s needs are met. This may severely impact you and your family members.You may be entitled to programs that can compensate you for the services you provide your loved one. Here is what you should know:
Colorado’s paid family caregiving programs
People who provide their services to meet the well-being of loved ones with special needs may be entitled to financial support. There are several financial support programs that pay caregivers to care for family members with disabilities, chronic illnesses or age-related medical conditions to ease the financial burden of their invaluable services. Many of these programs are covered by Medicaid’s Home and Community-Based Services (HCBS). The HCBS provides waivers so family members can receive care at home. Many of these services also provide alternatives to nursing home care. These waivers include:
Brain Injury (BI) Waiver: Establishes support services for individuals 16 years of age or older who have brain injuries.
Children’s Home and Community-Based Services (CHCBS) Waiver: Establishes care, management and in-house support services for children younger than 18 years of age with special needs.
Elderly, Blind and Disabled (EBD) Waiver: Establishes support services for elderly individuals 65 years of age or older and individuals with visual impairments, HIV/AIDS or other disabilities.
Supported Living Services (SLS) Waiver: Establishes support services for individuals with intellectual and developmental challenges.
Understanding what it takes to be eligible for the HCBS programs is important. You may need to enroll in a self-direction program, which may include checking what type of care a loved one needs and additional training to meet their needs. There are many other programs that provide financial compensation for the care of loved ones. You may need to reach out for legal guidance to explore your options.]]>On Behalf of Vincent & Romeo, LLC<![CDATA[What assets can you keep and still qualify for Medicaid?]]>https://www.elderlawcolorado.com/?p=489212024-10-21T13:48:54Z2024-09-17T19:44:48ZAs you get older, your legacy can take on new importance. What will you leave behind? How will your loved ones fare? One way to address these issues is to start some planning now.
Part of this planning can mean managing your assets to increase the likelihood of qualifying for Medicaid if you ever require long-term care. Eligibility for this program means being within the income and asset limits, which you may not if you have too much money or property.
Understanding the limits
Per Colorado laws, a single individual must not have more than $2,000 in resources. This limit is higher for married spouses ($154,140 in 2024) and varies based on whether one or both of you are applying for benefits and the type of Medicaid.
Exempt assets
However, not all assets are "countable," meaning they do not all count toward the resource limits. Some of the most common examples of exempt assets that Medicaid will not take into account include:
Your home (though there are exceptions)
One vehicle you or a member of your household uses
Wedding and engagement rings
Personal property
Prepaid funeral plans
Medical equipment
The value of these properties generally will not count toward the resource limit.
Non-exempt assets
Almost everything else will typically count as resources. Assets that are countable can include:
Cash
Investments
Savings
IRAs
Annuities
Cash surrender value of life insurance
Additional motor vehicles
Recreational vehicles
Non-primary residences
Stocks and bonds
These assets will impact Medicaid eligibility if they add up to more than $2,000 (if you are single) and $154,140 (if you are married).
How planning can help you protect your property
If you have resources over the asset limits, you may need to spend them down before you qualify for Medicaid. This can be highly upsetting if you want to leave behind property or financial gifts to beneficiaries, which is why it may be essential to start planning now.Some Medicaid planning strategies include:
Spending down on exempt assets (e.g. home improvements, new car, funeral plans, etc.)
Spousal income transfers (converting assets to income for well spouse)
Gifting and use of "Medicaid compliant annuities"
Transferring assets and properties early to avoid penalties on transactions made within five years of applying for Medicaid
If you wait too long to explore these and other Medicaid planning options, you could have fewer opportunities and tools to preserve your assets and expedite your eligibility for Medicaid. An experienced Colorado Medicaid attorney can support you and help you understand the best actions to take in these situations. ]]>On Behalf of Vincent & Romeo, LLC<![CDATA[Thinking about adding a trust to your estate plan?]]>https://www.elderlawcolorado.com/?p=507952024-02-02T15:49:00Z2024-01-24T09:31:12Zirrevocable and revocable trusts is essential. This knowledge can give you the basis to determine what types of trusts to include in your estate plan.
Revocable trusts
A revocable trust is flexible and can be altered or revoked at any point during your lifetime. This type of trust becomes irrevocable upon your death. The primary advantage of a revocable trust is that it enables your loved ones to bypass probate, which involves the court and is the legal process of distributing your assets. This can save your heirs and beneficiaries time and money. It also enables them to remain as private as they want about what they receive.
Assets in a revocable trust are still considered part of the trustor’s estate for tax purposes. The assets remain in your control, so they are not protected from creditors.
Irrevocable trusts
An irrevocable trust generally cannot be altered or revoked once you establish it. This means you relinquish control over the assets, and the trust is considered a separate legal entity.
The main advantages are the potential tax benefits and asset protection. These assets are generally protected from creditors because you do not have any control over them. The trade-off is the loss of control over trust assets.
Trusts are an effective tool in estate planning, but they are only one component of a comprehensive estate plan. When thinking about your own needs, you should work with someone who can help you to find ways to make your wishes a reality. This can give you the chance to care for your loved ones in the ways that you want and can give you peace of mind that your wishes will be honored.]]>On Behalf of Vincent & Romeo, LLC<![CDATA[What is at risk if someone dies without a will in Colorado?]]>https://www.elderlawcolorado.com/?p=507372023-12-20T10:04:52Z2023-12-20T10:04:52Zonly a third of adult Americans surveyed had estate plans in place.
The remaining two-thirds of adults risk having no control over their legacies. What happens if someone dies in Colorado without a will or other testamentary documents on record?
Colorado law has rules for this situation
If a person dies without a will (known as “intestacy”), the law, rather than the person’s wishes, determines how and to whom the property is divided and distributed. Intestate succession laws in Colorado provide very clear instructions for the probate courts and surviving family members of those who die intestate.
If the person who dies has a spouse who survives them, their spouse has the right to inherit from their estate. Any surviving children or parents may also have a claim to some of the property in an estate. The nature of the relationship between the surviving spouse and the children will determine the exact division of the estate resources. If the surviving spouse is also the legal or biological parent of those children, then the spouse receives the entire estate. If, however, the surviving spouse is a step-parent, then the surviving spouse may not receive the entire estate.
In situations where a person dies while unmarried and without any children, other family members, sometimes distant, may have the right to inherit from their estate. Colorado's law specifically describes the inheritance rights of descendants, parents, siblings and grandparents. In the relatively rare scenario where the state cannot locate any surviving family members after someone's passing, then the resources from the estate may eventually transfer to the state escheat account.
Creating an estate plan is a very personal process that usually reflects someone's personal values and the relationships that they have maintained with their family members. Investing the time and consideration necessary to create an estate plan gives you control over your legacy, avoid unintended results, and provide protection to your loved ones in the wake of a family tragedy.]]>On Behalf of Vincent & Romeo, LLC<![CDATA[Asset protection planning is about someone’s comfort and legacy]]>https://www.elderlawcolorado.com/?p=497612023-11-21T06:40:50Z2023-11-24T06:40:17ZWhat is asset protection planning?
The goal of asset protection planning is to preserve the most valuable resources accumulated by an individual or couple when their financial circumstances change. Individuals in high-risk professions, like entrepreneurs, sometimes put together asset protection plans well before they think about retiring as a means of limiting their personal liability related to their profession.
Many others only start to worry about threats to their resources or their final legacy when they will no longer be able to work to maintain and afford those resources. Asset protection planning often involves making changes to how people hold title for their most valuable assets and diminishing their personal property. Property that does not belong to an individual is less vulnerable during litigation.
The creation of a variety of different documents can help protect people from incapacity, lawsuits and medical challenges as they age. People may use assets to fund a trust. They may also transfer certain resources to beneficiaries long before they die. The goal is to protect those assets from creditor claims in civil court while someone is still alive or in probate court after they die.
The exact strategy employed will depend on the nature of the resources, the age of the person planning and other details about their situation. Reviewing one's current finances and final legacy wishes may benefit those who wish to preserve as much of their resources as possible during retirement and after their passing.]]>