Colorado Elder Law Questions & Answers

Q: Built a cabin w/ my mother, it was left to my husband and I. What do I do with items in cabin.

1 Answer | Asked in Elder Law and Probate for Colorado on
Answered on Oct 31, 2018
Ashley Dean Powell's answer
If by "left" to you and your husband you mean that the house was given to you (or transferred automatically based on how it was titled) upon her passing, then you may want to consult with the personal representative of your mother's estate. Even if the house passed to you outside of probate, it is possible that her personal items will need to pass by probate or by a small estate affidavit. If there is already a court appointed personal representative for your mother's estate, you should ask the...

Q: Do estranged family members have to be notified when my father passes away? He demands they know nothing about his death

1 Answer | Asked in Estate Planning and Elder Law for Colorado on
Answered on Sep 20, 2018
Richard Winblad's answer
If a probate is filed your state will likely require that they be notified as an heir even if the Will disinherited them. Check with a Colorado attorney.

Q: What happens if a person does before they sign they're WILL?

1 Answer | Asked in Probate, Estate Planning and Elder Law for Colorado on
Answered on Jun 13, 2018
John Hyland Barrett III's answer
If he dies without signing the will, his estate will be distributed according to the law of intestate succession. Generally: to his spouse; if no spouse, then to his children.

Q: Is it proper when a POA is listing time for doing errands to give the specific times rather than hours?

1 Answer | Asked in Elder Law for Colorado on
Answered on Feb 21, 2018
Tristan Kenyon Schultz's answer
Power of attorneys do not typically involve any type of payment. A Power of attorney grants an agent (the relative) the ability to act on behalf of the principal (the father).

Based on your facts, if the relative is being compensated for services/tasks made on the behalf of the father (versus simple reimbursement for items purchased), the relative would more accurately be described as an employee or service provider (i.e. a domestic servant). Thus, an employment contract versus a...

Q: Can u decline a conservator

1 Answer | Asked in Criminal Law, Family Law, Elder Law and Estate Planning for Colorado on
Answered on Nov 20, 2017
John Hyland Barrett III's answer
You have the right to object to appointment of a conservator. However, it is up to the court to decide if you need a conservator and who that should be. You should retain an attorney to advise you .

Q: What about my moms rights ? They won't even let me see my mom in nursing home

1 Answer | Asked in Elder Law and Nursing Home Abuse for Colorado on
Answered on Feb 12, 2017
Ben F Meek III's answer
You need to speak with an attorney as soon as possible. If you can't afford one, contact legal aid organizations in your area. You might also contact the state bar association where you live and ask about pro bono services. Human services didn't get involved for no reason but that doesn't mean they have complied with the law or properly respected the rights of you or your mom. If there is a conservator that has failed to collect your mom's benefit checks, that is a breach of fiduciary duty for...

Q: My mom is in nursing home is it legal for conservator attorney to brake in and change Locks and clean out her house

1 Answer | Asked in Elder Law for Colorado on
Answered on Feb 12, 2017
Tristan Kenyon Schultz's answer
More information is needed to make an assessment. As a general rule, it may be proper to change locks on a home. Payment of property taxes should be a duty of the conservator, unless there is not enough money to pay the property tax. You do have a right to re-enter the home to get your official documents, but you likely will need to be escorted by either the conservator or the police. An appointment by your father is likely invalid--a 3rd party (even a spouse) cannot appoint a guardian or...

Q: I am caring for my 88 yr old mother. If she enters extended care can the state sell her home to pay costs?

1 Answer | Asked in Estate Planning and Elder Law for Colorado on
Answered on Jan 17, 2017
Kenneth V Zichi's answer
This is a far more complicated question than it might appear at first. Please appreciate the government can't just come and take someone's home. Unless of course you EXPECT the government to give you money. If you can pay for your own care, this never becomes an issue. That said, a personal residence is often an 'exempt asset' for qualification for government benefits, and won't be counted against asset limits, but IT CAN BE LIENED to guarantee repayment of government benefits regardless. YOUR...

Q: How do you transfer Power of Attorney (Financial) when someone no long wants the responsibility?

1 Answer | Asked in Elder Law and Estate Planning for Colorado on
Answered on Aug 7, 2016
Tristan Kenyon Schultz's answer
It is not clear what "can't sign" means. If there is a physical limitation, a lawyer can sign in place of the woman (make sure to make this clear to the attorney that they will need to sign in place of the client). If there is something else that prevents a signing (e.g. mental impairment), the issue can get more complex. Contact a probate/estate planning attorney for guidance. Beyond that, transferring PoA is an easy process. Also be aware, an agent (her sister) can always repudiate (cancel)...

Q: I'm trying to set up a beneficiary deed on behalf of my dad in my brother's name

1 Answer | Asked in Elder Law, Estate Planning and Family Law for Colorado on
Answered on Feb 10, 2016
Tristan Kenyon Schultz's answer
I am sorry to hear about your father's health. If you have a valid power of attorney, you can add your brother and/or mother on the deed. This should occur at the county property offices where your father's home is located. Make sure to bring the power of attorney (bringing your mother is also a good idea). Under normal conditions, your mother would automatically be considered included as have an interest in all your father's property (unless there is a prenup, etc.). I cannot comment on the...

Q: Unmarried mother dies, minor heir,grandparents are guardians/conservator: does estate have to be liquidated to a trust?

1 Answer | Asked in Elder Law, Estate Planning and Family Law for Colorado on
Answered on Sep 27, 2015
Robert Jason De Groot's answer
Well, what are the assets of the estate? If there are no assets of the estate, probably not. If there are, maybe. Go see a local probate attorney about this.

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