Welcome to My Blog

I have a new logo, and I’m pleased to say that the day I purchased it and printed it out, I was able to ask a client what he thought about it, and he immediately recognized it as a tree

Posted in Uncategorized

The Medical Power of Attorney and Medical Advocacy: Two Roles are Better than One

How can we help elders navigate the daunting medical system and help them make the best choices for their needs and values?  Last week I attended a lunchtime continuing legal education program sponsored by the Arapahoe County Bar Association and

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Posted in Elder Law & Estate Planning Current Developments

The Contractual Capacity Conundrum, or Part 3

  So we’re back on this capacity discussion again.  In the first installment I looked at testamentary capacity, which I characterized as the “basement” as far as capacity levels go.  For better or worse, the contextual notions of how much

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Posted in Elder Law & Estate Planning Current Developments

Capacity and Incapacity in the Health Care Context

In this second installment about capacity and incapacity, I’m looking at capacity in the health care context.  To recap, the fundamental question of “how much capacity is enough” must be answered with a response beginning with “it depends . .

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Posted in Change is the Only Constant

Capacity and Incapacity: A Broad Context for Financial Abuse of Elders (part 1)

  Aging is a process.  The fact is that most of us, especially my age cohort (the Baby Boomers), really don’t like to think about aging or incapacity or death.  Many of us think that if we eat right and

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Posted in Dementia and Legal Capacity

The High Price of Death Denial

My best friend in Sacramento sent me a link yesterday morning about (Dr.) Atul Gawande’s latest book:  Being Mortal: Medicine and What Matters in the End.  Thanks Liz!   This title is also inspired by a couple other occurrences too –

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Posted in Mysteries and the End of Life

Dementia and Memory: Out of Time, Out of Mind II

This second part of the post focuses a bit more on the qualitative aspect of memory – memory as meaningful life activity, not just a necessity of daily functioning and detail management that holds together moving parts.  I will include

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Posted in Dementia and Legal Capacity

Denial of Aging and Death as Source of Conflict

  Autumn here in the Denver metropolitan area is beautiful.  Some of our trees’ leaves have started turning while others have not.  The apple tree in my backyard is producing many fine apples, which I am happy to eat.  Her

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Posted in Mediation and Peacemaking

Dementia and Memory: Out of Time, Out of Mind I

So I’m back to that rather slippery theme of memory again – this is the first of two parts. The online Merriam-Webster defines memory as: (1) the power or process of remembering what has been learned; (2) something that is

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Posted in Dementia and Legal Capacity, Mysteries and the End of Life

A Follow-Up to Annuities and Elders – a Complicated Mix

Here is a timely follow-up to the blog post I wrote a few weeks ago about annuities and elders.  The Colorado Division of Insurance recently amended its regulations applicable to advertising and sales promotion of insurance and annuities, effective July

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Posted in Elder Law & Estate Planning Current Developments

Aging, Meaning and Memory

This is another contemplative post – so please forgive me.   I am preparing for a retreat on this exquisite topic of memory. . . . !   Since I find the topic of spirituality and dementia fascinating, I have been reading

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Posted in Mysteries and the End of Life