Protecting Clients from Abuse and Identity Theft

Elder abuse assumes a variety of forms. An elderly person might seek legal assistance after experiencing physical abuse; caregiver neglect; financial exploitation; or emotional, verbal, or sexual abuse. A person interested in the welfare of the older adult might seek legal intervention to stop the abuse of an elderly family member or friend, or to attempt to prevent an older adult from harming

him or herself through self-neglect ¹ . Additionally, an elderly person might inquire about identity theft, either in terms of prevention or when seeking legal representation after being a victim of identity theft.

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Highlights of Guardianships for Adults in Colorado

A court appoints a guardian to carry out a care plan for an incapacitated adult whose diminished capacities result in the adult being unable to satisfy the essential requirements for his or her self care, health or safety. ¹ Care planning is a familiar concept to persons who provide medical services. Medical personnel assess the patient's capacities, note her deficits and propose medical interventions, care and supervision needed to allow the patient to perform at the patient's highest level of medical, psychological and psycho-social functioning. This standard is set forth for nursing home residents according to the Nursing Home Reform Act. While not stated explicitly for other arenas of medical treatment, this standard is implicit in the care of the patient regardless of where they are treated such as the home, the doctor's office, a hospital, skilled nursing facility, etc. The court's standard form of order requires a guardian to file a report within sixty days of the guardian's appointment by the Court and annually thereafter. ²

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Medicaid Eligibility for Long Term Care

For all practical purposes, in the United States the only "insurance" plan for long-term institutional

care is Medicaid. Medicare only pays for approximately 7 percent of skilled nursing care in the

United States. Private insurance pays for even less. The result is that most people pay out of their

own pockets for long-term care until they become eligible for Medicaid. While Medicare is an entitlement program, Medicaid is a form of welfare -- or at least that is how it began. So to be eligible, you must become "impoverished" under the program's guidelines.

Despite the costs, paying privately for nursing home care may be advantageous. By paying

privately, an individual is more likely to gain entrance to a better quality facility. The obvious disadvantage is the expense; in Colorado, state nursing home fees average $5,546 a month and Denver Metro fees are at least $5,995 per month. These are official Colorado figures. In fact, the costs could be as much as 10% more. Without proper planning, nursing home residents can lose the bulk of their savings.

For most individuals, the object of long-term care planning is to protect savings while also qualifying for nursing home Medicaid benefits. This can be done within the following rules of Medicaid eligibility.

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The Living Trust

The living trust or revocable living trust has become a popular estate planning vehicle which has been touted as saving probate costs, saving estate taxes, saving income taxes and as advice for the management of property in case of disability. Moreover, these trusts are being sold by mail order houses which boast of these benefits and offer them to individuals with self-help instructions.

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Law Office of Paul Mitchell, LLC
3300 S. Parker Road, Suite 215
Aurora, CO 80014
303-338-9800 (phone)
303-338-9525 (fax)

Based in Aurora, Colorado, the Law Office of Paul Mitchell, LLC serves clients throughout the Front Range and Denver Metropolitan areas, including those in Denver, Aurora, Littleton, Englewood, Parker, Greenwood Village, Centennial, Highlands Ranch, Castle Rock, and Lone Tree; as well as Denver County, Arapahoe County, Douglas County, Jefferson County and Adams County, CO.