Top 5 Legal Issues Seniors Face — And How to Prepare for Them
Lewis Osterman

As we age, legal decisions around health, finances, and housing take on greater importance. Whether you're planning for yourself or helping an aging loved one, understanding the unique legal challenges seniors face in Colorado is crucial. Below are the top five legal issues and how Lewis Osterman, a Denver-based elder law attorney, can help you address them.

1. Healthcare Directives & Medical Decision-Making

Colorado residents should establish an Advance Directive to communicate their wishes regarding medical treatment. This includes:

  • A Medical Durable Power of Attorney (MDPOA)

  • A Living Will

  • Optional CPR Directive or MOST (Medical Orders for Scope of Treatment) form

➡️ Action Step: Choose a trusted agent and regularly review your documents to ensure they're up to date.

2. Guardianship & Conservatorship

Without a power of attorney or other planning, Colorado courts may appoint a guardian (for personal decisions) or conservator (for financial decisions) if you become incapacitated. This can be a lengthy and public process.

➡️ Solution: Proactively sign financial and healthcare powers of attorney to avoid court involvement.

3. Elder Abuse & Exploitation

Unfortunately, elder abuse—including financial scams and caregiver neglect—is rising in Colorado. The state has mandatory reporting laws and specific protections under the Colorado Elder Abuse Statute.

➡️ Prevention: An elder law attorney can help establish safeguards such as controlled access to funds or appointing co-trustees for monitoring.

4. Estate Planning

Without a will or trust, your assets in Colorado will be distributed based on intestacy laws, which may not reflect your preferences.

➡️ Must-Haves:

  • Will or living trust

  • Durable powers of attorney

  • Beneficiary designations

5. Housing Transitions & Medicaid Planning

Long-term care in Colorado is costly, and Medicaid eligibility rules are complex. Planning too late can lead to asset loss or denial of benefits.

➡️ Plan Ahead: With help from an elder law attorney, you can explore Medicaid-compliant trusts, spousal protections, and income planning strategies.

Need Help Getting Started?
Schedule a consultation with Lewis Osterman to create a plan that protects your well-being and preserves your legacy—right here in Colorado.