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We speak at meetings and events. Call us to check our calendar for availability.
720-200-4025
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 News & Announcements
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Brad's email is bfrigon@bjflaw.com (and has permanently replaced frigonlaw@qwest.net). Please make a note of it!
Brad accepted the Kansas Bar Association's invitation to serve on the Fee Dispute Committee for the 2011-2012 bar year.
Bradley Frigon and Bryan Benbow are contributing authors to the 4th Edition of the Elder Law in Colorado (formerly Colorado Handbook of Elder Law) published by the Colorado Bar Association. It is now complete and is available to order at www.cobar.org or call (303)860-0608.
The Law Offices of Bradley J. Frigon has earned an A+ rating and is considered an accredited business with the BBB. The rating was awarded based on the BBB's information gathered on our practice and the length of time we have been operating with no complaints. We are proud to announce that we have been nominated for the BBB's Torch Award for 2011.
Connect with Brad on LinkedIn here.
The Law Office of Bradley J. Frigon is now on Facebook.
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Legal Link
Your Estate, Probate and Long-Term Care Planning Newsletter
September 2011
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Dear Clients and Friends,
At the Law Offices of Bradley J. Frigon, we consistantly strive to provide quality personalized legal services with the highest level of integrity and professionalism. We assist clients with wills, trusts, probate and trust administration, probate litigation, Medicaid and public benefits planning, tax planning, guardian and conservatorships, special needs trusts, and small business planning.
Please feel free to give us a call if we can provide assistance with your specific needs. Your comments and questions are important to us, please send them to vmckay@bjflaw.com for immediate attention.
Sincerely,
The Staff at the Law Offices of Bradley J. Frigon
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Book Review
| Fundamentals of Special Needs Trusts co-authored by Stuart D. Zimmring, Rebecca C. Morgan and Bradley J. Frigon, reviewed by Nancy Shurtz in the August 2011Estate Planning Magazine.
"[T]he new book Fundamentals of Special Needs Trusts, authored by three experts in estate and elder law, provides a vital overview of this emerging area of planning practice. It provides a road map to attorneys to analyze client needs, map appropriate strategies to serve their clients, and provide guidance to execute these strategies through appropriate means. ... Given the current political and fiscal challenges today, the role of these trusts is likely to become more prominent over time." To order click here or call 1-800-223-1940. |
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As the name implies, the concept of estate planning addresses creating a plan for the division of a person's assets upon his or her death. Estate planning, though, routinely encompasses planning for a person during his or her lifetime, not just for his or her death. There are two important documents that every adult should have, regardless of age-A Financial Durable Power of Attorney and a Medical Durable Power of Attorney. Both documents work during a person's lifetime, and cease upon a person's death. This month, we will focus on the financial power of attorney.
Put simply, a Financial Durable Power of Attorney is a legal document giving one person (called an "agent" or "attorney-in-fact") the power to act for another person (the "principal"). In most cases, a principal retains power to act on his or her own behalf-the principal is merely delegating his power to another person. An agent can have broad legal authority or limited authority to make legal decisions about the principal's property and financial and other business matters. A well drafted power of attorney will include the power to deal with health insurance, banking powers, the power to provide for housing, such as housing in a long-term care or rehabilitation facility, and the power to make legal claims on a principal's behalf.
Why execute a Financial Durable Power of Attorney? Consider this example: You and your spouse are involved in a car accident and you are in a coma, but expected to recover. You begin receiving disability checks payable to you. How will those checks get deposited? How will your bills get paid? Without a Financial Durable Power of Attorney, the answer is that the checks will not be deposited and the bills will not be paid until a court action is commenced to appoint a guardian and conservator on your behalf. Obviously, Financial Durable Power of Attorney are often used if a principal is ill or has an injury. But there are many more reasons to execute a power of attorney-they are equally useful when you are on vacation and something must be done at home or any other time you are unavailable because of other commitments. Recently, we assisted a college student in executing a Financial Durable Power of Attorney because he was leaving to study in Australia and he wanted someone "at home" to be able to handle his banking and insurance needs.
At first, it may seem a bit risky to give another person this power and control. While appointing an agent under a Financial Durable Power of Attorney is a decision that should take careful consideration, there are laws in place to protect the principal. A principal should only consider trusted family, friends, or a professional when making a list of potential agents. By law, an agent must:
- Do what the principal reasonably expects the agent to do with the principal's property (follow the principal's instructions or wishes), or, if unknown, act in the principal's best interest;
- Act in good faith (act honorably and honestly, without deception);
- Do not exceed the authority granted in this power of attorney; and
- Disclose the agent's identity as an agent whenever the agent acts for the principal;
Unless the special instructions in this power of attorney state otherwise, an agent must also:
- Act loyally for the principal's benefit;
- Avoid conflicts of interest that would impair the agent's ability to act in the principal's best interest;
- Act with care, competence, and diligence;
- Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;
- Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if unknown, act in the principal's best interest; and
- Attempt to preserve the principal's estate plan, if known, and preserving the plan is consistent with the principal's best interest.
Financial Durable Powers of Attorney are useful, powerful documents that every adult, whether young or old, single or married, should strongly consider. We routinely draft Financial Durable Power of Attorney for clients and we also advise agents who are currently acting under a Financial Durable Power of Attorney when they have questions.
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Speaking Engagements
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October 20 and 21, 2011: 2011 Special Needs Trusts, The National Conference, The DonCeSar Beach Resort, St. Petersburg, Florida. "Taxation of SNT's," and "Drafting a Medicare Set Aside Sub Trust into a SNT."
November 8, 2011: National Aging and Law Institute, NAELA Advanced Elder Law Bootcamp, Boston Seaport Hotel, Boston, Massachusetts. "Employment and Retirement."
For a complete list of Brad's speaking engagements, please visit our website.
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Testimonials
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"I've been meaning to jot a quick note to let you know what a pleasure it has been working with Bryan over the last several weeks regarding my father's estate.
Whether it's responding to a call from me on Saturday morning or walking through the next steps - Bryan is always professional, patient and reassuring.
Just wanted to let you know working with your team - Bryan and Tara (too) - has been a very positive experience."
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A note from National Alliance on Mental Illness after Brad's presentation on "How to Select or Replace a Trustee and Important Instructions for the Trustee."
"Thank you so much for your talk last evening. It was one of the best we have had and was very helpful for our members"
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Referrals - The Greatest Compliment
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We always appreciate referrals from our satisfied clients, friends, business partners, and their family members. We welcome the opportunity to serve the people you care about. Please use the "Contact Us" link near the top of this Newsletter to contact our staff.
Click on the "Forward Email" at the bottom of the page to send this newsletter to someone who will benefit from our advice.
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