Aurora Supported Decision-Making Lawyer

Experienced Supported Decision-Making Attorney in Aurora, CO

Making medical decisions can be overwhelming, as well as confusing. While medical emergencies may come out of nowhere, you can still set up systems to help you feel prepared. If you are trying to determine a course of action for your or a loved one’s healthcare, hiring an Aurora supported decision-making lawyer can prove to be incredibly helpful.

Choose The Limbaugh Law Firm to Help With Your Colorado Supported Decision-Making Case

When looking for an Aurora supported decision-making lawyer, there are many different things you will want to determine, including whether or not the firm is a good fit.

With over 25 years of experience, attorney Oren “Von” Limbaugh understands the ins and outs of elder and special needs laws. He has helped hundreds of clients just like you set up strategies, prepare for the future, and meet their unique needs.

Instead of facing medical uncertainty and future confusion alone, come and discover how The Limbaugh Law Firm can help you implement useful strategies and guide you toward peace of mind.

Supported Consent in Colorado

The state of Colorado’s supported consent laws enable individuals to consent to or refuse medical treatments. This means that, prior to carrying out any medical procedures, medical professionals are legally required to disclose all essential information and receive the patient’s consent.

Sometimes, however, a patient may struggle to offer consent by themselves, therefore requiring the help of a pre-approved or viable proxy to consent on their behalf.

In addition to elderly individuals, people with disabilities also benefit from advocacy. The Centers for Disease Control and Prevention determined that 28% of adults in the United States have been diagnosed with some kind of disability. 

While not every elderly or disabled person may require higher levels of advocacy, it can be helpful to be prepared. The future may hold difficulties unforeseen, and implementing useful strategies can help you set up a safety net of sorts.

While some states may recognize the next of kin as a decision-making power, Colorado does not give family members automatic legal authority to do so on behalf of an incapacitated individual.

Should the individual be determined to be unable to properly offer their own supported consent, decision-making power falls to alternative options in the following order:

• Medical Durable Power of Attorney. A Medical Durable Power of Attorney, or “MDPOA”, is a designated advocate who has been appointed by the patient in advance. While this can be a family member, it is not a legal requirement for the patient to choose a relative.
• A court-appointed guardian. If a legal guardian has been established and there is no MDPOA, the guardian is next in line to offer advocacy and consent on behalf of the patient.
• A proxy decision maker. If the two former roles remain unfilled, a representative may be chosen from a pool of interested persons, such as the patient’s adult children, spouse, or close friends. It is then the legal responsibility of the attending physician to make reasonable efforts to contact all of these individuals, who will then appoint a proxy.
• A temporary proxy. If none of the interested parties can be located, the attending physician is legally permitted to appoint a temporary proxy, often choosing another willing physician, to represent the patient. This can only be done, however, once the physician has consulted with the healthcare institution’s medical ethics committee.

Becoming a Guardian in Colorado

If you wish to seek guardianship for an elderly family member or a loved one with a disability in Colorado, there is a specific process you will need to participate in. Here are the steps you should take to become a guardian:

• File a petition. To start the guardianship process, you will need to file specific paperwork in your district court, then pay a filing fee. If you cannot pay, you can request a fee waiver.
• Initiate a medical evaluation. When pursuing guardianship, the court will require evidence for why a guardian is needed. This evidence can come in the form of a medical professional’s evaluation of the individual you are pursuing guardianship for, showing that the adult is incapacitated and unable to properly protect themself from harm.
• Undergo a background check and credit report. While anyone of a certain age can file a petition to become a guardian, every individual must submit a credit report and criminal history record to the Colorado court system.
• Attend the hearing. The final step is attending the hearing, where a judge will review the collected evidence and decide whether protection is necessary. If they determine the request to be needed, they will appoint a guardian.

Hire a Supported Decision-Making Lawyer in Colorado

There are many reasons one may choose to hire a supported decision-making lawyer, including the advocacy, guidance, sensitivity, and knowledge they can offer you as you strategize for the future of your healthcare or that of a loved one.

Should you need to spend time at the Arapahoe County District Court (18th Judicial District), your lawyer can help you prepare, as well as present your case on your behalf. Instead of struggling through the process alone, get the representation you need today.

FAQs

How Much Does It Cost to Hire a Supported Decision-Making Lawyer in Aurora, Colorado?

The cost of hiring an Aurora supported decision-making lawyer tends to vary case by case due to the unique influence of case-specific variables, such as who you hire to handle your case, the level of complexity your case presents, and the amount of time needed to finalize all the details of your case.

Can My Loved One Apply for Medical Aid-in-Dying on My Behalf in Colorado?

No, in the state of Colorado, your loved one cannot apply for a medical aid-in-dying medication on your behalf. This is because one of the key requirements to qualify for this prescription is that you are mentally capable of making the decision, and having another person do that on your behalf would not line up with this mandatory qualification.

Can I Represent Myself in My Pursuit of Becoming a Guardian in Colorado?

Yes, you are legally allowed to represent yourself in a guardianship case in Colorado, although many individuals have found that hiring a supported decision-making lawyer to do so on their behalf can make the process go more smoothly, less confusing, and more likely to yield the results they were pursuing.

How Long Will It Take for Me to Become a Guardian for My Loved One in Colorado?

The precise amount of time it will take for your guardianship case to resolve is similar to the cost of hiring a lawyer: it tends to vary. This is mainly due to variables like the availability of all parties involved, the time needed to collect the necessary evidence, the scheduling capabilities of your local courthouse, and whether or not you have legal representation.

Get More Information Today

Contact The Limbaugh Law Firm today to learn how we can help you strategize and implement tools to help you and your loved ones move forward with peace of mind and a plan in place. Our office is located in Aurora, a few blocks west of the Denver Tech Center and east of the Marjorie Perry Nature Preserve.