Our Legal Blog

Elder law attorneys focus on the unique needs of older adults, handling issues as diverse as estate planning, retirement, health care, guardianship, and long-term care planning. When selecting an attorney for concerns specific to seniors…

A durable power of attorney is an essential legal document that should be completed during the estate planning process. This document gives a designated agent the authority to make financial and medical decisions on your behalf in the event of your incapacitation. The most significant…

It’s common for new parents to postpone estate planning. You may think that you are too young and healthy to worry about it. The process may seem expensive and intimidating. Or, like many young couples, you may not see the benefits of estate planning. There are numerous reasons why people tend to overlook this important task.

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Wage theft occurs when an employer deprives his, her, or its employees of the wages and benefits to which they are entitled under the law. This illegal practice is a prevalent problem across the nation. All too often, unscrupulous companies cheat employees out of the compensation they are due.

According to a 2014 study by the…

In the American legal system, cases fall into two primary categories: criminal and civil. Criminal cases are brought against individuals who commit a crime, and charges can include jail time and fines. By contrast, civil cases tend to involve disputes between two or more parties regarding legal responsibilities and duties. Often, the plaintiff hopes to obtain monetary compensation or some other remedy for damages incurred.

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Unfortunately, age-related cognitive and physical decline are common. Many elderly individuals will eventually need help handling important medical and financial decisions as well as other elements of daily life.

If you are concerned that someone close to you is unable to manage his or her affairs, it may be time to consider an elderly guardianship or conservatorship. Learn more about these court-appointed legal roles below, including when they are necessary and how you can potentially avoid them through estate planning.

The Difference Between a Guardianship and a…

A common misconception is that estate plans are only for the rich. In reality, every American could benefit from creating an estate plan. An estate plan not only dictates the disposition of your assets at death but also who will manage your assets and make medical decisions in case of your incapacity. Making careful, educated decisions will help protect the best interests of you and your family, during your life, in case of your incapacity, and after you pass away.

Estate plans go beyond a simple will and can be complex at times. Our highly experienced Colorado Springs estate planning lawyers will work with you to create an…

At the most basic level, a fiduciary is a party that is legally obligated to act in the best interest of another party. There are many different types of fiduciary relationships. A common example is a trustee who must act in the best interest of beneficiaries of the trust.

A breach of fiduciary duty occurs when a fiduciary engages in behavior that contradicts their duty to the other party. When this occurs, the affected party can take legal action and attempt to recover any incurred damages.

Fiduciary Relationships

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Submitting fraudulent claims to the government can have disastrous consequences, yet individuals and companies do this every day for personal gain. Thankfully, a lawsuit known as a qui tam action can put an end to this illegal, unethical behavior and help the government recover lost funds.

The False Claims Act allows average citizens to bring qui tam lawsuits against parties that defraud the government. These whistleblowers, also known as qui tam relators, are often entitled to a percentage of any money that is recovered.

Examples of False Claims in Qui Tam Cases

The False Claims Act prohibits the submission…

When someone passes away, the person’s money, property, and possessions need to be distributed to the correct parties. The legal process of settling an individual’s estate — including assets and debts — is called probate. Probate law varies by state and can be complex, so it is crucial to work with experienced Colorado attorneys. The award-winning attorneys at Lewis Kuhn Swan PC can help you navigate this process.

What Does Probate Include?

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