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Senior Law Handbook 2014 PDF

508 Pages·2014·9.85 MB·English
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CLE SeniorLawCVR_2014_1_Layout 1 12/10/13 5:11 PM Page 1 Senior Law Handbook 2014 Edition CONTINUING LEGAL EDUCATION IN COLORADO, INC. COLORADO BAR ASSOCIATION • DENVER BAR ASSOCIATION S enior Law Handbook 2014 Edition Rose Community Foundation provides expert advice to help you make thoughtful, strategic philanthropic decisions. We can help you accomplish your philanthropic goals. Gifts to Rose Community Foundation may be: • U nrestricted to support critical community needs • D esignated for specifc nonproft organizations or areas of interest • D irected through a donor- advised fund • I n the form of a bequest or planned gift Let us help you design your philanthropic legacy and make an impact on your family and community. Contact an advisor today at 303.398.7418 or CLE SeniorLawCVR_2013_Layout 1 4/25/13 6:38 PM Page 2 Serving Colorado Families With Experience and Dignity in Times of Need. ◆ Elder Law ◆ Estate Planning ◆ Contested Wills ◆ Medical and Durable Powers of Attorney ◆ Wills / Trusts ◆ Probate Litigation ◆ Conservatorships ◆ Guardianships ◆ Estate Administration and Litigation ◆ VA Benefits ◆ SSI ◆ SSDI ◆ Medicare ◆ Medicaid Planning ◆ Asset Protection ◆ SSI, SSDI and Medicaid Appeals ◆ Representation of Professional and Family Member Fiduciaries, Agents Under Powers of Attorney, Representation of Guardians, Conservators, Trustees and Personal Representatives ◆ Free Initial Phone or Email Consultation Home Visits Available 303-355-8500 Fax: 303-355-8501 ◆ƒ”…‘̷‘Ž‘”ƒ†‘Ž†‡”ƒ™Ǥ…‘ ◆ ”ƒ̷‘Ž‘”ƒ†‘Ž†‡”ƒ™Ǥ…‘ Denver: 650 S. Cherry St., Suite 710, Denver, CO 80246 www.ColoradoElderLaw.com Colorado’s Largest Monthly Newspaper for Adults 50+ • Current Local Events and Lifestyle Articles • 4 Local Community Editions • Over 200,000 Print Circulation • Free Online Digital Editions, At Newsstands and Email Subscriptions DigiCode® Data File Created on 1-20-12 at 17:41:55 • Mobile User Friendly ACCOUNT : 10447 BARCODE SPECIALISTS by Access WebsOitReDERED BY : ROBERT TREMBLY SYMBOLOGY, INC. • Business AppliPc.aOt.i oNnUsMBER : VERBAL Maple Grove, Minnesota, 55369 INVOICE NO. : 1363494 763-315-8080 ( EPS via EMAIL ) NOTICE: This DigiCode® file is considered original artwork. It must be inspected and approved Call for infobrym thea ptuiorcnha:s er. Use of this file confirms acceptance. See back of the Symbology invoice for Limitation of Warranty. 303-694ESInZ-cEo d1e5.0: 0 h0t0tp5 :M//wOwD1wU.L5E0p 20lu.0s3m4a5r k BetWplAac -e0n.0e0w5s0.com www.50plusmarketplacenews.com Senior Law Handbook 2014 Edition A Colorado Legal Information and Reference Guide for Aging Adults Sean C. Bell Managing Editor A joint project of the Elder Law and Trust and Estate Sections of the Colorado Bar Association CONTINUING LEGAL EDUCATION IN COLORADO, INC. COLORADO BAR ASSOCIATION • DENVER BAR ASSOCIATION 2014 Senior Law Handbook 2014 Edition Published by: CONTINUING LEGAL EDUCATION IN COLORADO, INC. COLORADO BAR ASSOCIATION 1900 Grant Street, Suite 300 1900 Grant Street, Suite 900 Denver, Colorado 80203 Denver, Colorado 80203 Phone: (303) 860-0608 Phone: (303) 860-1115 Website: www.seniorlawday.org Dawn M. McKnight, Esq. Susan Hoyt Assistant Executive Director/ Legal Editor/Social Media Publications Director Colorado Bar Association CLE Colorado Bar Association CLE Lisa Travis Fischer, J.D. Acquisitions Editor/Manager Colorado Bar Association CLE Cover photograph courtesy John Fielder © 2014, visit johnfielder.com. Cover design by Trish Wilkinson COLORADO BAR ASSOCIATION CLE CLE in Colorado, Inc. is the nonprofit educational arm of the Colorado Bar Association and the Denver Bar Association Continuing Legal Education in Colorado, Inc. (CBA-CLE) publications are intended to provide current and accurate information about the subject matter covered and are designed to help attorneys maintain their professional competence. Nothing contained in this book is legal advice or other professional advice. Readers are responsible for obtaining advice from their own lawyers or other professional. Publications are distributed with the understanding that CBA-CLE does not render any legal, account- ing, or other professional service. The contents of this book do not necessarily reflect the views of the Internal Revenue Service or any other regulating governmental entity. The material in this book repre- sents the opinions and views of the authors, and should not be construed as the views of any of the authors’ law firms or of Continuing Legal Education in Colorado, Inc. The proper interpretation or appli- cation of the material in the book is a matter for the considered judgment of the individual legal practi- tioner, and CBA-CLE disclaims all liability therefor. As with any legal textbook or other secondary author- ity, attorneys dealing with specific legal matters should also fully research current, primary authorities. Copyright © 2014 by Continuing Legal Education in Colorado, Inc. and the Colorado Bar Association. All Rights Reserved. The Senior Law Handbook — 2014 Edition and any attached or referenced pages have been written or compiled for general information purposes only. The information contained in the Senior Law Handbook is not intended to be, nor is it, legal advice. The Senior Law Handbook material does not intend to create, nor does it create, an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. iii How to Cite This Book As the first full citation, you may cite this book as: Senior Law Handbook, 2014 Ed. (Sean C. Bell, ed., CLE in Colo., Inc.). After the first full citation, you may cite this book as: Senior Law Handbook, supra n. ___, at ___. Individual chapters of from this handbook are available for free download at www.seniorlawday.org. Information about the next Senior Law Day is available there as well. We extend our special thanks to John Fielder, whose beautiful photographs have graced the covers of the Senior Law Handbook since 2008. To view his incredible work, visit www.johnfielder.com. iv Publisher’s Note The Senior Law Handbook is designed to provide aging adults and their caregivers and families with useful information on myriad subjects pertinent to their legal concerns. It is compiled due to the gracious donation of time and intellect by our volunteer authors. We would like to thank all of the authors for their generous contributions of time and their willingness to share their expertise with Colorado’s older adults. We especially thank Sean Bell, our managing editor, for his continued dedication. We would also like to thank John Fielder, who donated the use of his beautiful photo that adorns the front cover of this Handbook. Much of the information in the Senior Law Handbook is based on current laws and practices in Colorado, as well as policies and programs of the federal government. The information provided in the Senior Law Handbook is not intended to replace the advice and services of an attorney. We urge you to contact an elder law and/or probate attorney for advice relating to the particulars of your situation. Individual chapters are available for free download at www.seniorlawday.org. Information about Senior Law Day can also be found at www.seniorlawday.org. Several counties in Colorado offer Senior Law Day on different days during the year, with a variety of programming and formats. If you have attended Senior Law Day, or you have comments or suggestions regarding the Senior Law Handbook, please visit www.seniorlawday.org to give us your feedback. We welcome all comments, and continuously strive to keep the Senior Law Handbook a helpful and informative resource for Colorado adults. Dawn M. McKnight, Esq. Susan Hoyt Assistant Executive Director/ Legal Editor/Social Media Publications Director Colorado Bar Association CLE Colorado Bar Association CLE Lisa C. Travis Fischer, J.D. Acquisitions Editor/Manager Colorado Bar Association CLE If you have questions, comments, or suggestions regarding the Senior Law Handbook, please submit them in writing to Lisa Travis Fischer (

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