FAQ

Frequently Asked Questions

Where do I start?
What will my Estate Planning consultation be like?
What happens in a Medicaid consultation?
I already have an Estate Plan, but I recently moved to Colorado. Do I need new planning?
What is HIPAA?
I have no estate plan. Do I need one?
I have an Estate Plan. Does it need to be updated or replaced?

Where do I start?

Whether you are in looking for help with Estate Planning or Elder Law, the first step is to come in for an initial consultation at no charge. Either call or email us to set up an appointment.

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What will my Estate Planning consultation be like?

During your consultation, Andy will discuss with you those particular things you hope to accomplish and avoid with your plan. You will also have the opportunity to ask questions regarding the creation of your estate plan. At the end of this meeting, Andy will give you a quote for the work you discussed. If you choose to go ahead with the work, you will sign a fee agreement that day and set up a signing date. When you come in for the signing, Andy will review with you the choices you have made regarding your Estate Plan.

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What happens in a Medicaid consultation?

Your consultation will last approximately one hour. During that time, Andy will discuss with you the Medicaid planning process, in general, and the various ways Medicaid qualification may be accomplished. You will also have the opportunity to ask any questions you may have.

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I already have an Estate Plan, but I recently moved to Colorado. Do I need new planning?

I recently moved. . .. We always suggest replacement of a living will upon a client’s move from another state. The balance of a client’s estate plan may or may not need changes due to impacts of taxes, Medicaid, or community property. Regardless, if you have not had an attorney review your estate plan within the past 5 years, we recommend to you and our clients that it be reviewed. In fact, all powers of attorney created more than three years ago by any attorney in any state are likely best replaced due to HIPAA.

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What is HIPAA?

Health Insurance Portability and Accountability Act. HIPAA is a federal law intended, primarily, to protect an individual’s medical records. HIPAA has become an obstacle to many parents, children, or other relatives accessing important, or sometimes critical, medical records.

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I have no estate plan. Do I need one?

In lieu of an estate plan, your assets will be distributed to your family as provided in Colorado statute. Few of our clients find that state law reflects their preference. If you have children, you should designate a guardian in your estate plan.

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I have an Estate Plan. Does it need to be updated or replaced?

If you want to change any of the details of your estate, it will need to be updated. Some of the instances where you may need to update or replace your estate plan are: you are contemplating marriage or a beneficiary gets married or divorced; the birth or death of a beneficiary, or the death of a Successor Trustee, Personal Representative or Agent under your Powers of Attorney; a significant increase or decrease in your net worth, receipt of retirement benefits from your employment, or the sale of significant assets; a drastic change in your health; a move to another state. Regardless, if you have not had an attorney review your estate plan within the past 5 years, we recommend to you and our clients that it be reviewed. In fact, all powers of attorney created more than three years ago by any attorney in any state are likely best replaced due to HIPAA.

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