On April 2nd we are holding a free lunchtime webinar to discuss the true cost of going to trial. Understand what going to trial really means: the financial, emotional, and time costs most people don't anticipate. Register now. Few things are more painful than discovering a parent has been manipulated in their final years. I’ve worked with families who watched helplessly as warning signs...
We are delighted to share that Rocky Mountain Elder Law has been the recipient of a 2026 West Metro Chamber award as part of its annual Bourbon St Bash celebration. Rocky Mountain Elder Law won the Underrepresented Group-Owned Business Award category. This event celebrates and honors the economic, social, and community contributions that West Metro Chamber member businesses and organizations...
To learn more about how we approach estate litigation, watch the recording from our free webinar "When Families Fight: Legal Options That Protect Everyone" - watch it now. Most people don't expect their family's estate plan to end up in court. Yet estate litigation is more common than many realize, especially when large or complex assets are involved, or when transparency and trust break down. I...
We are delighted to announce that we now have a new office! Here is our new address: 12345 West Alameda Parkway, Suite 204, Lakewood, CO 80228 See where we are on the map. Our phone number is staying the same: 720 457 4573 This is the beginning of an exciting new era for Rocky Mountain Elder Law. We can’t wait for you to pay us a visit and to show you around. The new office has more space and...
To learn more about how we approach estate litigation, watch the recording from our free webinar "When Families Fight: Legal Options That Protect Everyone" - watch it now. When people think about elder law, estate planning often comes to mind, rather than courtrooms. However, the reality is that when it comes to probate litigation, elder law is often a different angle on family law. Family law...
When most people think about estate planning, they picture signing a will, a few pages that decide who gets what when they’re gone. But a will is only one small piece of a much larger plan. Comprehensive estate planning is more than documents, it’s how you leave the people you love, the values you want to protect, and the kind of care and dignity you want at the end of your life. It creates...
When I describe an estate plan as "a love letter to the people who love you," I'm not being sentimental. I'm speaking from decades of experience witnessing peaceful and painful deaths, both as a hospice chaplain at patients' bedsides and as an attorney helping families navigate the legal realities when planning hasn't been done. I've learned that Advance Directives aren't just legal documents....
Although generative Artificial Intelligence (AI) has only been available to the public for a few years, we’re beginning to see its impact everywhere. Recently, people have started turning to AI to generate legal documents like wills. It may seem like an easy, inexpensive solution, but when it comes to your legacy, the end of your life, and your family's future, an AI-generated will could...
I've witnessed families navigate the most difficult decisions of their lives. However, often the challenging circumstances families find themselves in could be easily prevented with a few documents, such as a Medical Power of Attorney. When "Interested Persons" Take Control Let me share what happened to an elderly woman I'll call Margaret. She lived independently, had no children, and was...
Losing a loved one is emotionally overwhelming and it can open the floodgates to a maze of legal questions and paperwork. If you've recently lost a spouse or are supporting someone who has, you may wonder: Do I need to open probate? What happens to retirement accounts? What about the house? Let’s walk through some of the most commonly-asked questions after a spouse or loved one passes: Q: Do I...
Many people think estate planning means writing a will and planning for after you’re gone. But what happens when you're still alive but can no longer make decisions for yourself? What if dementia clouds your judgment gradually, or a sudden event leaves you unable to communicate your wishes? These scenarios affect millions of families every year, but they're rarely part of the estate planning...
Fraud isn’t just something you read about in headlines; it’s a growing and deeply personal threat, especially for older adults and those who are socially isolated. Common scams take more than money, they take trust, peace of mind, and in many cases, years of hard-earned financial security. According to the Federal Trade Commission (FTC), Americans lost $12.5 billion to fraud in 2024, which...
Navigating the ins and outs of Medicaid planning can feel overwhelming, especially with so much information available to you. However, it is vitally important to start thinking about Medicaid Planning early and to have a realistic understanding of what it consists of and what it can achieve. Too often, people think that Medicaid Planning can achieve miracles and are disappointed by what they...
Estate planning can feel overwhelming, but it doesn’t have to be. Whether you're wondering how to simplify your assets, minimize probate, or understand the purpose of a trust, the key is having clear, effective tools in place. Wills and trusts aren't just for the ultra-wealthy, they're essential for anyone who wants to protect their loved ones and ensure their wishes are honored. In this...
Recently we held a webinar on how to spot and stop elder fraud - you can watch it on YouTube Elder fraud and the financial exploitation of seniors is a growing problem. Lonely seniors have always been vulnerable to abuse, but scams are becoming more sophisticated as technology advances. With the introduction of Artificial Intelligence we are now facing challenges like seniors unknowingly...
A Power of Attorney (PoA) is a crucial legal tool that allows you to appoint someone to make decisions on your behalf for financial or medical matters. While having a trusted agent can provide peace of mind, choosing the wrong person can have serious consequences. Unfortunately, misuse of Power of Attorney authority is not uncommon and can lead to financial exploitation, family disputes, and...
After two decades as an attorney and hospice chaplain, I've seen how critical estate planning is for protecting families. My work has taught me that these plans are more than legal documents—they are acts of love that provide clarity and peace during life's most challenging transitions. Comprehensive estate planning starts with creating a will, but it also involves communicating with your...
When we draw up a comprehensive estate plan, we are focusing on assets, money, and what we must do in case we are incapacitated. But in my view, this doesn’t encompass widely enough the transfer of values, traditions, and how we want to be remembered. Letting people know these things is of enormous value for loved ones. Ethical wills can also be valuable tools in reconciliation and healing...
Rocky Mountain Elder Law is proud to sponsor BOXED 2024, a dynamic cooking challenge aiming to ignite culinary creativity and fuel vital community support. Attendees have the chance to enjoy a silent auction and wine pull, networking, and tastings in the kitchen before casting their vote for the top chef! On October 9, this annual event raises funds for Benefits in Action, a non-profit committed...
https://youtu.be/S4YRrXbgzJU
If you watched our video and you're ready for more information - watch our webinar. As we go through life, we often focus on building our careers, raising our families, and planning for retirement. However, there's one crucial aspect of life planning that many of us tend to put off: creating a will. No matter your age, if you don’t have a will, this message is for...
This year, significant upcoming changes to federal income tax laws need our attention because they might mean you should revisit your estate plan. While you may think you are immune to these changes, a closer look shows potential implications for many people in Colorado. For example, if you own real estate in Colorado and have a second home or are beneficiaries of a trust in Colorado (such as a...
This summer my son turned 18, finished high school, and will be heading off to college in the fall. This has been a milestone year in my house and we are so proud of him. However, my son turning 18 will create some complications when it comes to healthcare. He is now seen as an adult under federal law and this means that his health information cannot legally be shared with anyone else – even...
A few words from us to help you understand what you can and should do in the first few days after your loved one dies and before the appointment of a Personal Representative - previously called an executor. Every estate is different, and every family is different. Therefore, other issues may come up that are not covered here or which must be handled differently. We can assist you through...
In the United States, Medicaid matters because it is the only avenue to get government support to pay for your long-term nursing home care needs. Medicare does not cover long-term nursing care. So, the options are to qualify for Medicaid, have long-term care insurance or pay for nursing home care yourself. Medicaid can serve as a lifeline for individuals in need of long-term care, particularly...
In Colorado, a common law marriage are more complicated than many people realize. Some people assume that they are common law married because they have been with their partner for many years, where in fact according to the rules, they aren’t. In other cases, people claim to be common law spouses and thereby try to claim assets that should not be theirs. A common law marriage in Colorado...
As people think about getting older and needing care, they start considering the cost and what help there is available. Many people have heard of Medicare and Medicaid, but there is a big difference between the two, particularly when it comes to paying for nursing home care. Medicare, which is available to everyone 65 and over in this country, does not cover nursing home care. The only plan that...
the United States, gay marriage became legal across all 50 states in 2015. However, given the makeup of the current Supreme Court, this could change in the coming years. It would be a very sad day for this country if it were to happen, but we cannot ignore the possibility. As part of your estate planning, you need to be aware of the potential risks that loom and plan accordingly. These...
The below blog is based on our recent webinar “Why you need an estate plan NOW”. You can watch the webinar recording on YouTube.Many of us tend to procrastinate on estate planning, thinking we don't need it because we're healthy or not facing immediate concerns. However, life is unpredictable and unforeseen events, such as illness or sudden injury, can disrupt our plans. While hoping for the...
In today's fast-paced world, it's easy to put off estate planning. We often get caught up in the hustle and bustle of daily life, thinking that we have plenty of time to address these matters. There’s always tomorrow, after all.However, the truth is that estate planning is not something to put off. It's a vital step in protecting your legacy and ensuring your loved ones are taken care of when...
We are delighted to introduce you to Rocky Mountain Elder Law’s new mascot, Alfonzo!Rocky Mountain Elder Law’s founder Kate Silburn received Alfonzo as a surprise 20th wedding anniversary present from her husband. Alfonzo is a Border Collie and was eight weeks old when he came to Kate from a ranch in Boulder. His arrival comes on the heels of the loss of Kate’s beloved cattle dog.Kate is...
Rocky Mountain Elder Law founder Kate Silburn was interviewed on Channel 9’s flagship program Colorado & Company. Kate talked about her passion for caring for others and gave advice on how to prevent financial exploitation among the elderly. You can watch the video of the interview or read the transcript below.*** Interviewer: So, with us on Colorado and Company we have Kate Silburn from...
Rocky Mountain Elder Law has won the Minority/Women-Owned Business of the Year category of the 2023 Celebrate Jeffco awards. The Celebrate Jeffco awards, by the West Metro Chamber, are dedicated to celebrating the businesses in the community that exemplify resilience and leadership. Kate Silburn commented on her win: I’m honored to win. As an all-woman team, we’re delighted to be recognized...
Rocky Mountain Elder Law is holding a Clothes Drive to help the Lakota Nation residents of the Rosebud Reservation in South Dakota. In the run-up to November’s Native American Heritage Month, we will be collecting donations at our offices until Tuesday, November 8, 2022. Native American communities are some of the most vulnerable in the country and among them, indigenous people in South Dakota...
Exploitation of older people is sadly common and financial exploitation is very damaging to its victims. According to the National Council on Ageing it costs victims as much as $36.5 billion per year. It can also be difficult to tackle because financial elder abuse is often done by those the victim trusts. However, one of the most powerful ways to fight against it and pre-empt it is thorough...
As we spend more and more of our time online and conduct our business there, we inevitably start to have numerous passwords for our digital accounts. Moreover, to make them secure enough, we make them so complex that no one can guess them. However, what happens after we die? Often our relatives have to go through a lengthy and onerous process to get control of all the essential digital...
Financial exploitation is sadly common in our country. Around 1 in 10 Americans over 60 years old have experienced some form of elder abuse. We have developed a Guide to Financial Exploitation to help you and your loved ones avoid falling victim to financial exploitation, as well as to give you the tools to fight it if someone you know has. The guide covers: What financial exploitation is How to...
Rocky Mountain Elder Law recently worked on a case where an elderly man with mild dementia was at risk of exploitation by those around him. An 89-year-old Colorado man (Tom) with mild dementia had a girlfriend in her 60s (Sally). She had a financial Power of Attorney giving her power over his finances. Together, they would regularly visit the various banks he had accounts with to withdraw his...
Elder law is all about protection against financial exploitation. Everything I do, from estate planning to guardianships and conservatorships, helps protect a family’s legacy. People think they just need a will to take care of their assets after death, but that is just one part of a larger plan that can be critical in safeguarding a legacy both before and after death. I want to show how the...
Rocky Mountain Elder Law has been nominated for the Minority-owned / Women-owned Business of the Year category at the 2022 Celebrate Jeffco awards. The Celebrate Jeffco awards, by the West Metro Chamber, are dedicated to celebrating the businesses in the community that exemplify resilience and leadership. If you would like to attend the red-carpet award ceremony and gala on Friday, February 18th...
Estate plans are love letters to your nearest and dearest. Having an estate plan means that when you die, your family can grieve, free of the burden of challenging decisions. I believe that people are never too old and never too young to start an estate plan, but they might be too late. If you know that a loved one doesn’t have an estate plan in place and you think they should (and really,...
Please support our indigenous communities On August 3, 1990, President George H. W. Bush declared the month of November as National American Indian Heritage Month, also called National Native American Heritage Month. This month is close to my heart since my mother was Mescalero Apache and I have always treasured that heritage. Before law school, I graduated from Harvard University with a Masters...
Rocky Mountain Elder Law founder Kate Silburn was recently interviewed on Golden internet radio station The Cloud. She talked about the reason she went into law and her mission to help vulnerable people. You can listen to the podcast audio below.
Dementia, or the impaired ability to remember, think or make decisions is becoming common among older people. Although it is not a normal part of aging, we are seeing it with increasing frequency. According to the CDC, of those at least 65 years of age, there was an estimated 5.0 million adults with dementia in 2014 and number is projected to be nearly 14 million by 2060. It is imperative that...
On September 20th 2021, we held a ribbon-cutting ceremony to celebrate the opening of our new offices in Lakewood. The West Metro Chamber kindly provided the ribbon and giant scissors. Thank you to everyone who made it a special occasion and gave Kate an opportunity to share her vision for the company with you all.
Native American rights are very close to my heart. My mother was a Mescalero Apache and I have strong ties to Native American tribes. This ruling is very important to me because it represents a fundamental shift in power on reservation lands. On June 1st, the US Supreme Court ruled that tribal police officers can temporarily detain and search non-Indians on public roads on tribal lands for...
You may think that once you have created your estate plan, you can put it away and not think about it again. This is not the case. Perhaps your attorney put together the most suitable estate plan given the circumstances at the time – but circumstances change. External circumstances change, as well as your own personal circumstances. All of these should be reflected in your estate plan....
What
is the difference between a will and a living will? A
will is a document that springs into action when you die. It has no legal
effect while you’re alive. On the other hand, a living will is a document that
dictates what course of action to take when you are terminally ill, or in a
persistent vegetative state and unable to make decisions on your own behalf. Is
there anything special about...
What is a Power of Attorney? Powers of Attorney are legal documents that allow someone else (an agent) to act on your (the principal’s) behalf. The agent designated in the document should put your needs ahead of theirs, which is why it is important to choose someone you trust to have your best interests at heart. Does a Power of Attorney survive after death? A Power of Attorney does not...
Many people think that estate planning is just a Will, but a Will is only one part of it. A Will only comes into effect after you die and concerns the division of your assets and property. There are other elements of estate plans such as Powers of Attorney and Living Wills that apply while you’re still alive and ensure that you continue to live in the way you want, even if you can no longer...
What are guardianships and conservatorships? They ensure legal protection for minors,
disabled people, or those who are incapacitated. Guardianships concern
decisions regarding the healthcare or medical care of a person of any age, or
the care of a minor child. Conservatorships concern financial decisions for
someone who is incapacitated due to illness, injury, or disability. Why...
This particular case study is very close to my heart. My mother was a Mescalero Apache and my father was of Irish descent. As a fair-haired, mixed-race child myself, I felt deeply for the child in this case and fought hard to give her the life she deserved. The challenge My clients Ted and Anna (not their real names), who lived in
Colorado, came to me about the case of their granddaughter Mary...
The challenge I was approached by a family whose son had just passed away.
There was a conflict over the probate of the estate between the parents and the
son’s partner. This was a very difficult time for the parents, who had just
lost their son and they now had to face the additional emotional distress of
the son’s partner contending the probate of the estate because she felt
entitled to a...
The killing of George Floyd by the Minneapolis
police has sparked nationwide unrest and months of protest. It also got me
thinking about my own actions and how they align with my values with regard to
fighting racism and other societal injustice. I wanted to share one action that
I took, which I am proud of. I’m not holding myself up as an example, but I
wanted to share one way we can all make...
The living will is an integral part of any estate plan. It provides a sense of agency and control at the end of life. It is self-described as a “form may be used to make your wishes known about what medical treatment or other care you would or would not want if you become too sick to speak for yourself.” There has never been an easy or straightforward way in which to deploy a living...
