Elder Law Attorney Denver, Colorado
Meurer & Potter, P.C., Denver, Colorado
Aging brings legal challenges that most families are not prepared for. How will you pay for nursing home care that can exceed $10,000 per month in Colorado? How do you qualify for Medicaid without losing everything you’ve saved? Who will make financial and medical decisions if you or your parent can no longer do so? These are elder law questions, and getting them wrong can cost a family its entire life savings.
At Meurer & Potter, P.C., our elder law attorneys in Denver have been helping seniors and their families navigate these challenges since 1991. We specialize in Medicaid planning, nursing home asset protection, guardianship and conservatorship, veterans benefits, and the legal strategies that preserve dignity, independence, and financial security as aging progresses. There are more than 200,000 rules and regulations governing Medicaid and veterans benefits alone. One incorrectly checked box on an application can cost a family tens of thousands of dollars. We know these rules because we work with them every day.
Call 303-991-3544 for a free consultation to discuss your family’s situation.
What Is Elder Law?
Compassionate Guidance for Your Family’s Next Chapter
Elder law is the area of legal practice focused on the unique needs of older adults and their families. It covers a broad range of issues, including Medicaid eligibility and planning, long-term care and nursing home costs, guardianship and conservatorship for incapacitated adults, powers of attorney (including integrated advance directive provisions), asset protection against the cost of care, veterans benefits and Aid and Attendance applications, estate planning tailored to aging-specific concerns, and elder abuse and financial exploitation. Unlike general estate planning, elder law focuses specifically on the legal, financial, and healthcare challenges that arise as people age—often under time pressure, when a health crisis has already begun.
Medicaid Planning in Colorado
Colorado’s Medicaid program—Health First Colorado—can pay for skilled nursing facility care and certain home and community-based services. But qualifying for Medicaid requires meeting strict asset and income limits. For most individuals, countable assets must be below $2,000 to qualify. For married couples, the community spouse (the spouse not in the nursing home) may retain a portion of the couple’s combined assets, but the rules governing this are complex and change periodically.
Medicaid planning involves legally restructuring your assets and income to meet these eligibility requirements while preserving as much wealth as possible for your spouse and family. Our Medicaid planning strategies include Medicaid spend-down planning that converts countable assets into non-countable or exempt assets, Medicaid Asset Protection Trusts (MAPTs) established before the five-year look-back period, compliant annuities that convert assets into income streams, beneficiary deed and titling strategies that protect the family home, and assistance with Medicaid applications to ensure accuracy and avoid costly errors.
Colorado has a five-year look-back period for Medicaid long-term care eligibility. Any transfers or gifts made within five years of your Medicaid application can trigger a penalty period during which Medicaid will not pay for your care. This is why early planning is critical; the sooner you start, the more tools are available to protect your assets. We also help families navigate Medicaid estate recovery, the process by which Colorado’s Department of Health Care Policy & Financing (HCPF) seeks reimbursement for long-term care costs from a deceased Medicaid recipient’s estate. Proper planning can significantly limit or eliminate estate recovery exposure.
Guardianship and Conservatorship
When an aging parent or loved one can no longer make safe decisions about their own care, finances, or living situation, a guardianship or conservatorship may be necessary. A guardianship gives a court-appointed person authority over personal and medical decisions. A conservatorship gives authority over financial decisions. In Colorado, these proceedings are handled through the District Court and require proof that the individual is incapacitated and that no less restrictive alternative exists.
Our guardianship and conservatorship attorneys help families petition for guardianship and conservatorship when needed, defend against inappropriate guardianship petitions, and advise on alternatives such as powers of attorney that may avoid the need for court intervention entirely. We also represent appointed guardians and conservators who need guidance on their legal duties and reporting obligations.
Veterans Benefits and Aid and Attendance
Veterans and surviving spouses of veterans may be eligible for Aid and Attendance benefits through the VA, which can provide significant monthly payments to help cover the cost of assisted living or in-home care. Many qualifying veterans and their families never apply because they don’t know the benefit exists or believe the application process is too complicated. Our attorneys handle the complete Aid and Attendance application process, including gathering required documentation, structuring assets to meet eligibility requirements, and navigating the VA’s approval timeline. We coordinate veterans benefits planning with Medicaid planning to ensure one program doesn’t disqualify you from the other.
Nursing Home and Long-Term Care Planning
Skilled nursing care in Colorado currently costs between $9,000 and $12,000 per month, depending on the facility and level of care required. Medicare covers only a portion of the first 100 days of skilled nursing care—after that, the family is responsible for the full cost. Without planning, a lifetime of savings can be consumed in just a few years of nursing home care.
Our nursing home planning attorneys help families develop strategies before a health crisis strikes. This includes evaluating long-term care insurance options, structuring assets to maximize Medicaid eligibility when care is eventually needed, creating powers of attorney that give your trusted agent the legal authority to implement asset protection strategies if you become incapacitated, and coordinating with your estate plan and asset protection plan to ensure all pieces work together.
Worried about nursing home costs? Call 303-991-3544 for a free consultation. We’ll evaluate your situation and explain your options.
Serving Denver and Colorado’s Front Range
Our office is located in Greenwood Village at 5347 South Valentia Way, near the Denver Tech Center. We serve clients throughout the Denver metro area, including Centennial, Highlands Ranch, Littleton, Parker, Lakewood, Arvada, Aurora, and Boulder, as well as Colorado Springs and communities along the entire Front Range.
Frequently Asked Questions About Elder Law and Medicaid Planning
Insights to help you make informed decisions about caring for elderly family members.
Our FAQs offer practical guidance on elder law and medicaid planning. They are written to help you stay informed, not overwhelmed.
An elder law attorney helps seniors and their families navigate legal issues related to aging, including Medicaid eligibility and planning, nursing home costs, guardianship and conservatorship, veterans benefits, powers of attorney, and estate planning tailored to aging-specific concerns. The goal is to protect the individual’s assets, dignity, and access to quality care.
Skilled nursing facility care in Colorado currently ranges from $9,000 to $12,000 per month, depending on the facility and level of care. Medicare covers only a portion of the first 100 days. After that, the family is responsible for the full cost unless Medicaid or long-term care insurance applies.
Colorado has a five-year (60-month) look-back period for Medicaid long-term care eligibility. Any asset transfers or gifts made within five years of your Medicaid application may trigger a penalty period during which Medicaid will not cover your care. This is why planning well in advance is essential.
Yes, through legal strategies such as Medicaid spend-down planning, Medicaid Asset Protection Trusts, compliant annuities, and beneficiary deed strategies. These tools must be implemented properly and, ideally, well before the five-year look-back period. An experienced elder law attorney can evaluate your situation and develop a strategy that preserves as much wealth as possible.
A guardianship gives a court-appointed person authority over personal and medical decisions for an incapacitated adult. A conservatorship gives authority over financial decisions. Both require a court proceeding in Colorado and proof that the individual cannot manage their own affairs. Powers of attorney, if established in advance, can often avoid the need for either.
Aid and Attendance is a VA benefit that provides monthly payments to qualifying veterans and surviving spouses who need help with activities of daily living or are housebound. The benefit can help cover the cost of assisted living, in-home care, or nursing home care. Eligibility depends on military service, health status, and financial criteria.
As early as possible. Colorado’s five-year Medicaid look-back period means that asset protection strategies are most effective when implemented years before care is needed. Powers of attorney, including medical POAs with integrated advance directive provisions, should be established while the individual is still competent.
Costs vary based on the complexity of your situation. Medicaid planning engagements typically range from $3,000 to $10,000 or more depending on the assets involved and strategies required. At Meurer & Potter, we offer a free initial consultation to evaluate your situation and discuss fees before you commit to anything.