Urgent Long Term Care

We recommend advance long-term care planning for our clients, because failure to plan for long-term care costs well in advance can be financially ruinous. Remember, in the United States, citizens have NO entitlement to government payment for long-term care. While seniors have an entitlement to lifetime payment of most medical care (Medicare), no such entitlement exists with regard to long-term care, whether it be in a nursing home, assisted living, or in-home care.

Medicaid provides payment for long-term care, but only in the situations where applicants meet extremely low poverty thresholds. If applicants do not meet these poverty thresholds, then Medicaid either requires the applicants to ‘spend-down’ their assets per a government formula, or imposes a strict penalty period before Medicaid will pay for long-term care, or both.

However, in an urgent situation options exist, even within the draconian Medicaid system, to both protect some assets and to access government funds for long term care.

Let us help you walk through the various options available to access long term care funds in an urgent situation.

Litigation

Unfortunately, as with every other type of human endeavor, elder and estate issues sometimes result in litigation. Similarly, many of our clients are business owners who face disputes and litigation that, unless handled properly, could prove crippling to their company, and by extension to the family.

Whether it be a dispute over the appointment of a guardian or conservator, a dispute over the provisions of an estate plan, a dispute with the Medicaid authorities, or anything else, we can help. Recent examples of our litigation work include:

• Successfully defended a contested guardianship and conservatorship, including victory in both the Probate Court and the Court of Appeals.
• Successfully litigated the contested appointment of an estate’s personal representative.
• Successfully proved at trial the fraudulent conveyance of a deed to real estate, including the forged signature on the deed, by certain family members who had not been named in a will.
• Successfully defended a property developer in a commercial real estate dispute related to the purchase of a large condominium complex.
• Successfully defended a business owner in a federal employment discrimination trial.
• Successfully litigated a disputed asset purchase agreement related to the sale of a manufacturing establishment. Successfully obtained an injunction, including an award of attorney’s fees and full damages, in a shareholder derivative suit brought in the context of a dispute between shareholders of a finance company.

Similarly, we have substantial experience all types of contract and tort litigation for small and family-owned businesses. We have trial experience in district courts across the state, as well as in the United States District Court. We also have extensive litigation and trial experience outside of Colorado.