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1. Not Making a Will at All

Many people delay creating a will, thinking they do not have enough assets or that it is too soon to worry about.  Without a valid will, Colorado intestacy laws decide how your assets are distributed—often in ways that do not reflect your preferences and/or with unintended consequences (i.e. going through a drawn out probate, or requiring conservatorship for minor beneficiaries). Learn more about wills in Colorado Springs.

2. Using Online Templates Without Legal Guidance

DIY wills may seem convenient, but they often leave out key provisions required by Colorado law. Small errors in language or especially execution (i.e. signing, witnessing, notarizing) can invalidate the document or cause confusion later.

3. Forgetting to Update Your Will

Life changes fast—marriage, divorce, the birth of a child, or a change in financial status can all affect your estate plan. An outdated will may not reflect your current wishes and could lead to conflict among beneficiaries.

4. Overlooking Guardianship Designations

If you have minor children, your will should clearly state who you wish to act as their legal guardian. Without this, the court will decide who cares for your children, which may not align with your intentions.

5. Not Communicating Your Wishes

Your will is only effective if your family knows it exists and where to find it. Store it in a secure place, and inform your personal representative and loved ones of its location and contents.

If you avoid these mistakes, you can have peace of mind knowing your family is protected and your assets will be transferred when and to whom you want.  The Law Office of Kevin R. Hancock is here to help you with any and all estate planning needs!

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Once a person turns 18 years of age, Colorado law considers them a legal adult.  This means a parent can no longer make legal or medical decisions, or access medical records, for their adult child without the adult child’s consent, even if they remain on your health insurance.  So, for your adult child’s protection and your peace of mind, we recommend you talk with your child about having proper legal documents prepared before they take off on their next stage of life!  Specifically, we recommend the following:

• Medical Power of Attorney.  A medical power of attorney authorizes you to make medical decisions for your adult child if s/he is incapacitated.  They can also nominate backup decision makers in case you are unavailable. 

• HIPAA Release.  As an adult, your adult child’s medical records are protected under HIPAA, even from you, and they control access to those records.  With a signed HIPAA Release, you can have access to your adult child’s medical records and be able to communicate with their doctors, which allows you to continue to be informed and help your adult child with their medical care and needs.   

• Financial Power of Attorney.  As an adult, your adult child now makes their own legal and financial decisions.  You can no longer do that for them absent a legal document granting you the power to do so.   A financial power of attorney authorizes you to make legal and financial decisions for your adult child if s/he is incapacitated.  

• Will. While most young adult children (18-22 years) have not acquired significant assets to be overly concerned about where those assets would go in the event of their death, a Will is still a worthwhile document to have in place, just in case.  

This summer, celebrate your child’s amazing accomplishments!  But, before they leave for their next great adventure, we recommend you have them set up these important legal documents, again, just in case.  We offer a free initial consultation with an attorney, so please give use a call at (719)575-9690.  We look forward to providing you and your adult child peace of mind as they start the next phase of life!

The post Protecting Your Adult Children appeared first on The Law Office of Kevin Hancock.

1. Not Making a Will at All

Many people delay creating a will, thinking they do not have enough assets or that it is too soon to worry about.  Without a valid will, Colorado intestacy laws decide how your assets are distributed—often in ways that do not reflect your preferences and/or with unintended consequences (i.e. going through a drawn out probate, or requiring conservatorship for minor beneficiaries). Learn more about wills in Colorado Springs.

2. Using Online Templates Without Legal Guidance

DIY wills may seem convenient, but they often leave out key provisions required by Colorado law. Small errors in language or especially execution (i.e. signing, witnessing, notarizing) can invalidate the document or cause confusion later.

3. Forgetting to Update Your Will

Life changes fast—marriage, divorce, the birth of a child, or a change in financial status can all affect your estate plan. An outdated will may not reflect your current wishes and could lead to conflict among beneficiaries.

4. Overlooking Guardianship Designations

If you have minor children, your will should clearly state who you wish to act as their legal guardian. Without this, the court will decide who cares for your children, which may not align with your intentions.

5. Not Communicating Your Wishes

Your will is only effective if your family knows it exists and where to find it. Store it in a secure place, and inform your personal representative and loved ones of its location and contents.

If you avoid these mistakes, you can have peace of mind knowing your family is protected and your assets will be transferred when and to whom you want.  The Law Office of Kevin R. Hancock is here to help you with any and all estate planning needs!

The post Top 5 Mistakes to Avoid When Creating Your Will in Colorado Springs appeared first on The Law Office of Kevin Hancock.

Life can be unpredictable, and preparing for unexpected medical situations is an important step in ensuring your wishes are respected. At The Law Office of Kevin R. Hancock, we guide individuals in Colorado Springs through the process of creating living wills (also known as advance medical directives) legal documents that clarify your preferences regarding end-of-life medical care when you are unable to make decisions for yourself.  Many people have strong opinions about the kind of treatment they would want in such scenarios, and advance directives provide the legal means to communicate those preferences clearly.

There are generally two types of end-of-life medical directives – (1) he Do Not Resuscitate (DNR) order and (2) the Living Will/Advance Medical Directive. We are going to explore and explain both.

Do Not Resuscitate (DNR)

A DNR is a directive stating that if you do not want doctors, medical professionals or emergency responders to resuscitate you under any circumstances.  Thus, if your heart stops or you stop breathing, medical staff will not attempt resuscitation. This directive is typically used when someone is hospitalized with a terminal illness or is in hospice care, but a lot of elderly people have DNRs because they do not want “heroic measures” taken if they were to suffer a heart attack.  In situations without a DNR, medical staff are legally obligated to attempt resuscitation using methods like defibrillation, chest compressions, intubation, and artificial ventilation. However, with a DNR in place, you can ensure that these measures are not taken if that aligns with your wishes.

It’s important to note that for a DNR to be effective, it must be documented in writing on an approved form. 

Living Will/Advance Directive

A Living Will, also referred to as an Advance Directive or End of Life Directive, is a more comprehensive document outlining your preferences for medical care if you are determined to be in a “Persistent Vegetative State” or a “Terminal Condition.”

• Persistent Vegetative State – means you have no measurable brain activity beyond basic brain stem function, such as involuntary breathing and involuntary heartbeat.
• Terminal Condition – means an incurable or irreversible condition for which life sustaining procedures serve only to postpone the moment of death.

A Living Will allows you to specify a timeframe for maintaining life sustaining procedures —whether you want it removed immediately, after a certain period, or kept on indefinitely.  Additionally, Living Wills can include instructions regarding organ and tissue donation.

Why Advance Directives Matter

The primary purpose of a DNR or a Living Will is to provide clear, legally binding instructions on your medical preferences. While younger, healthier individuals may not require a DNR, we recommend that anyone over the age of 18 have a Living Will in place. This document helps remove potential conflict or confusion among loved ones should you become incapacitated.

Next Steps for Colorado Springs Residents

For those in Colorado Springs, it’s essential to consult with a trusted attorney, your family and your healthcare providers when creating advance directives. At The Law Office of Kevin R. Hancock, we provide the expertise you need to craft these documents effectively. 

For assistance with your Living Will or DNR, contact The Law Office of Kevin R. Hancock in Colorado Springs today. We’re here to help you make informed decisions and ensure your preferences are respected.

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Defining “Persistent Vegetative State”

In Colorado, a “Persistent Vegetative State” is defined as:

“A medical state where two physicians, including your attending doctor and another qualified professional, agree that, with reasonable medical certainty, the patient is no longer capable of thinking, feeling, knowingly moving, or being aware of their surroundings. This condition must be determined as indefinite and without hope of improvement, following sufficient monitoring based on community medical standards.“

In simpler terms, if two doctors confirm that you have no measurable brain function beyond basic brain stem activity (such as involuntary breathing and heartbeat), you are considered to be in a “Persistent Vegetative State.” We often explain this to clients as the absence of conscious brain activity, confirmed through extensive medical testing. 

Understanding “Terminal Condition” 

“Terminal Condition” is defined as:

“An incurable or irreversible condition for which life-sustaining procedures only serve to postpone the inevitable moment of death.”

This definition may seem broad, but it is quite straightforward. If two physicians determine that your condition is incurable or irreversible and that life support merely delays the moment of death, you meet the criteria for a “Terminal Condition” as outlined in Colorado’s Living Will statute. It’s important to note that this definition pertains to conditions that are immediate and acute, not to progressive illnesses like terminal cancer. In the context of a Living Will, it addresses conditions that make life support interventions futile.

Why These Definitions Matter for Your Colorado Springs Living Will

Understanding these medical terms is essential when deciding on your preferences for life support in your Living Will. At The Law Office of Kevin Hancock, we take the time to walk our clients through these definitions so they can make informed decisions that align with their values and wishes. In Part 2 of this series, we’ll discuss the considerations surrounding when and whether to remove life support, providing you with the information you need to plan confidently.

If you are considering creating or updating your Living Will in Colorado Springs, reach out to The Law Office of Kevin R. Hancock for expert guidance and personalized legal support.

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A Will is effective only after a person passes away.  From there, the Will is lodged (or submitted) to the probate court.  Then, upon filing a petition or application to open probate and for appointment of a personal representative, a judge or magistrate reviews the Will, and “breathes life” into it by entering the Will for probate, which essentially makes the Will an order of the court, and also appointing the personal representative of the estate.  This process is referred to as testate probate.

But, again, a Will only controls what is considered “probate property”, that is property that must transfer to a beneficiary through a probate Court.  The most typical/common probate property is real property, business interests, and personal property.  Other kinds of property, such as bank accounts, retirement accounts, life insurance, etc., can also be probate property if there are no beneficiaries or payable on death/transfer on death designations.  If those kinds of accounts have a beneficiary designated, then we call those accounts “non-probate property”.  The point in context here is non-probate property transfers outside the probate process (i.e. outside of the Will) and directly to a beneficiary.  But, if there are no beneficiary designations on such “non-probate” assets, then they become “probate” assets that will be governed by a Will and will need to go through probate Court.

Example 1. Anna, a widow, passed away with a Will, and at the time of her death, she owned a house in her name, personal property (i.e. furniture, clothes, collectables, etc.) a car, and a bank account with no POD/TOD beneficiary named.  Her Will designates her three children as the heirs/beneficiaries of her estate.  In that example, Anna’s three children will have to open a probate estate in Court, and her three children will inherit all of her property under the Will.

Example 2. Gina, a widow, passed away with a Will, and at the time of her death, she owned a house in her name, personal property, a car, a bank account with her two grandchildren as POD/TOD beneficiaries, and an IRA with her nieces and nephews as beneficiaries.  Her Will designates her three children as the heirs/beneficiaries of her Will.  In that example, her three children will inherit Gina’s house, personal property and car.  Her two grandchildren will inherit her bank account, and her nieces and nephews will states that all of her property goes to her children equally.  Her children will also have to open a probate estate in Court.  

Example 3. Bret, a widower, passed away with a Will, and at the time of his death, he owned only his personal property, a bank account with his two sons as the POD/TOD beneficiaries, and his two sons as the beneficiaries of his 401k retirement account.  His Will, however, directs that all of his property is to be distributed to the American Somoa Association.  In that case, Bret’s two sons will inherit all of Bret’s property because none of it would have to go through probate and/or is probate property.  As such, it would transfer automatically without needing to go through Court and without concern for what the Will says.   

So, when you are considering your estate planning, we always look at what kind of property you have (i.e. probate property and/or non-probate property) to determine how your property will transfer if/when you pass.  A Will is a useful tool in estate planning, but it has a very limited scope and purpose.  And, a common misconception is that a Will is used to avoid probate.  The opposite is the truth.  A Will uses the probate Court to transfer a person’s probate property.  

We are here to help at The Law Office of Kevin R. Hancock.  Our attorneys help you achieve peace of mind crafting an estate plan that works best for you, your property and your circumstances. Our attorneys walk you through the process to ensure you understand exactly what your documents do, how they work, and how to ensure that your wishes are carried out.

By Matthew Collett, Associate Attorney

The post What is a Will? appeared first on The Law Office of Kevin Hancock.

As a threshold matter, my advice is to always go into the decision making process on a Living Will with the mindset that these are your decisions and for no one else to decide.   Still, with that in mind, there may be good reasons to allow or not allow your agent(s) under your medical power of attorney to have the authority to override your decisions on the Living Will.

Generally, most people who opt to give their agents the authority to override do so because their agents will naturally be able to see and hear what they cannot.  So, if their agent sees or hears something they believe means life support should be extended or shortened, then they have the authority to do so.  

On one hand, the decision not to allow a person’s agent to override their decisions is to spare their agent the mental and/or emotional toll of having the ability to second guess the client.  A client, who is also a therapist, recently told me that a large portion of her clients are in therapy primarily because of the trauma they suffered while being in a position to make the life or death decision for a family member.    

On the other hand, the decision not to allow a person’s agent to override their decisions on the Living Will is to preserve family harmony.  Especially when clients choose to name their adult children as their agents under the medical powers of attorney, I advise my clients to never allow their children the authority to override for two reasons.  First, of course, I always advise clients of the potential mental/emotional toll of having the authority override.  Second, and more practically, my experience is that when a child who is the medical power of attorney chooses to deviate from a client’s wishes on their Living Will their siblings, who did not have input or the choice, will inevitably find their decision to be the wrong decision, no matter what it was.  And, that is when all of the other estate planning starts to unravel.  

So, to preserve harmony within the family, the better choice is often to choose to make your decisions prevail over anyone else’s.  But, again, that decision is ultimately up to you, and the right choice is what is best for you and your family.   

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For those who hesitate at this question, the main concern is the idea of authorizing their agents and/or doctors to kill them faster.  So, I always explain to my clients the election to allow maximum pain relief, as a preliminary matter, does not mean their agents and/or the doctors are required to give them maximum pain relief.  Rather, the directive to allow maximum pain relief is permissive in that they are allowing their agents and/or doctors to provide pain relief up to the legal maximum, which is 25 milligrams of morphine per hour, in they are in such pain that it is necessary to be comfortable.   The latter part, “even if it may hasten death”, is a recognition that a person who receives the legal maximum amount of morphine every hour on the hour for a sustained period of time (usually 4 to 48 hours) will eventually relax them so much that their body stops breathing, which results in death.

But, one piece that is missing, it seems, in most people’s analysis of this question is whether “maximum pain relief”, ultimately, is for them or for their family.  In my opinion, it’s for both, but mostly for the family.  The reality is that we do have people coming out of a “Persistent Vegetative State” and/or “Terminal Condition”, though, rarely.  But, of those people, we do not have a lot of people coming out who say, “Gee, I wish you would have pumped me with more morphine.”  So, in reality, we do not really know how much pain a person in one of those two conditions is actually feeling and/or remembering.  We do know, however, their families will be with them for whatever period of time they choose to remain on life support, and the only thing their families will be able to do for them during that time is watch and provide pain relief, if they feel it is necessary.  Thus, the reality is the administration of pain relief, minimal or maximal, is as much for the person on life support as it is for their family.

When it comes to pain and pain relief, everyone is different.  The decision for whether to allow the administration of maximum pain relief is very personal, and as usual, you should always consider your family and how they will handle you being in pain, not just how you handle pain.       

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This section of the Living Will is what I call a DNR component (“do not resuscitate”) of the Living Will, but it is not a true DNR.  The question on the Living Will specifically states, “if I am in the condition(s) described above [i.e. in a “Persistent Vegetative State” or “Terminal Condition”], I feel especially strongly about the following forms of treatment”.  A true DNR, on the other hand, is a direction NOT to resuscitated under ANY circumstances.  The DNR component of a Living Will, however, applies only if your heart stops, you stop breathing or you develop an infection after you are on life support and two doctors have determined you are in a “Persistent Vegetative State” or “Terminal Condition”.

To put the question in context, then, I always ask my clients:

If you are incapacitated, you are on life support, two doctors have certified you are in one of those two conditions, and you are in the window of time you selected (i.e. if you chose 7 days to be on life support, if you are in that 7 day window), and your body starts shutting down, in spite of being on life support, do you want the doctors to continue providing these resuscitative measures – CPR, if your heart stops; mechanical respiration if you stop breathing; or antibiotics if you develop an infection?

The answers vary, quite frankly.  As far as CPR and mechanical respiration, some people want to make sure they are given every opportunity to survive and recover, so they opt to allow their doctors to provide these resuscitative measures during the time they are on life support.  Others recognize the futility as well as pain and suffering for themselves and their family in continuing to be resuscitated potentially multiple times over.  For them, the choice is obvious that they do not want these resuscitative measures. 

As far as allowing antibiotics, most people understand and believe the administration of antibiotics is not as brutal or intrusive as CPR and/or mechanical respiration, nor do they see antibiotics as necessarily harmful in those circumstances.  Rather, most people, so long as they have allowed for sufficient time on life support for antibiotics to be fully effective (i.e. 7 days or more), allow the administration of antibiotics in the event they develop an infection. 

As far as CPR and mechanical respiration, the main thing to be aware of is the fact that these resuscitative measures, especially CPR, are brutal on a person’s body and often result in ribs being broken because the chest compressions have to be very hard to be effective.  Real life CPR and mechanical respiration are nothing like TV or movie portrayals.  In real life, even the staunchest supporters of resuscitation will waiver while they are watching it happen.  The main thing to understand doctors and/or nurses, if your heart stops or you stop breathing, are required by law to continue CPR and/or mechanical respirations unless/until you pass or until you recover a heartbeat/breathing, which can be very difficult for your family to witness.   

As always, the right choice is up to you, and the best choice is what is best for you and your family who will be with you in these moments. 

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