Estate Planning, Adult Protection/Elder Law & Probate
The Firm strives to determine the individual needs and goals of each client to develop their estate plan before it is needed. These complex areas of law overlap and are often triggered when people are most emotionally and physically vulnerable. Illness and disability may strike individuals at any time, often when least expected. When a loved one becomes mentally or physically infirm or diagnosed with a terminal illness, having a thoughtful plan in place before it is required provides much needed guidance and reassurance to family members and health care providers about how you would have them act for you when you are no longer able to manage or communicate your goals. Financial planning may include creation of a Will, or Trust where appropriate, planning for a child with special needs, preparation of a financial power of attorney or other instrument where another may manage your business with tax authorities, financial institutions and creditors. Medical planning may incorporate advanced directives to healthcare providers describing who may make decisions for you, under what circumstances, the length and type of medical treatment desired, Medicare & Medicaid planning, Assisted Living residence contracts, Long Term Care and coordination of other types of disability insurance.
During the course of implementing a plan, personal representatives, trustees or other court appointed fiduciaries, such as conservators or guardians, may need legal representation in a probate court to resolve claims made by interested parties, including family members or creditors, involving a protected person. The Firm is committed to providing ethical, effective advocacy and accepts clients with legal issues pending in probate courts throughout the San Luis Valley and elsewhere in Colorado.
Private/Court Appointed Fiduciary
Many persons require fiduciaries in the context of adult protection cases, such as conservatorships, or in court supervised or unsupervised probate cases to serve as personal representative or special administrator. These offices are court appointed and authorized either with the consent of the parties and approval of the court or as ordered by the court. I have been appointed and served as a conservator in multiple judicial districts since 2010 and personal representative in many cases since 2016. I also have served as trustee in various cases as requested by the settlor (creator) of a trust agreement. As a result, I employ a team of experienced legal assistants competent to provide investigation, bookkeeping, accounting and management services of real estate and tangible personal property. My business model is designed to utilize my team wherever practicable in order to contain the cost of administration.
Real Estate
The ownership and transfer of real property involves many legal considerations including application of federal, State, County or municipal laws or ordinances, including Homeowners Association regulations and covenants, depending upon the transaction. Frequently, real estate transactions occur after the death of a loved one and transfer of real estate occurs in the context of a probate or adult protection proceeding. The Firm is devoted to helping clients close their transactions accurately and promptly and to use and develop their property in compliance with governing laws.
Landlord/Tenant
When describing the relationship between a Landlord and their Tenant, it has been observed that as Landlord, it may be your investment property but it is your tenant’s home. Self-help measures like changing the locks, terminating utilities and other such “self-help” methods to oust a tenant and regain possession of your property may give rise to civil liability and even criminal prosecution. This law firm is committed to explaining the myriad rules and regulations governing this legal relationship between Landlords and Tenants, which have only become more complex since the coronavirus pandemic. A thoughtful, well-designed lease can minimize conflict and help avoid litigation if rights and responsibilities are addressed before the tenancy relationship is formed. Often, parties create these relationships without realizing it when allowing a relative or friend to move-in to take care of an elder or disabled person. Please contact me to evaluate and plan for the particular circumstances and objectives involved prior to entering into your lease agreement.
Accident and Injury
In agricultural and recreational areas, many accidents and injuries involve tractors, construction equipment and off-road vehicles such as ATVs and golf course lawn mowers. These injuries tend to be serious or even catastrophic and have devastating consequences. In fact, according to the U.S. Department of Labor Statistics, agricultural employment is among the most dangerous in the country. Most workplace accidents, injuries and chemical exposures which cause illness are governed under Colorado statute. Some disputes are litigated in administrative courts and often involve expert medical testimony. Our firm has many years of experience litigating and settling contested workers compensation claims that provide for the future financial and medical care of our clients. Agricultural and construction accidents may also involve defectively designed equipment and could result in product liability litigation in State or federal court. I have also represented many clients in auto collision and premises liability cases. Contact me to evaluate the facts and circumstances of your injuries.