Special Needs Attorney in Denver

Guardianship & Conservatorship in Colorado

Parents hold automatic legal authority to make decisions for a minor child with a disability. That authority ends the day the child turns 18. From that point forward, a family member who needs to make medical, financial, or personal decisions on behalf of an adult with a disability must petition a court for that power.

Guardianship authorizes a person to make personal and healthcare decisions for someone who can’t do so independently. Conservatorship covers financial decisions and asset management. A family may need one, both, or a limited version of either, depending on the individual’s capacity and circumstances.

In Colorado, these petitions are filed in the district court of the county where the individual lives. Denver is the only county in the state with a standalone Probate Court separate from the district court, and it holds exclusive jurisdiction over guardianship, conservatorship, and related estate matters within the City and County of Denver. If your loved one lives in Denver, that’s where the petition goes.

Trusts & Savings Tools in a Special Needs Plan

A well-structured special needs plan often includes at least one tool designed to hold or grow assets without disqualifying the beneficiary from needs-based programs. Two common options are the special needs trust and the ABLE account.

Special Needs Trusts

A special needs trust can hold assets for a person with a disability without those assets counting toward the resource limits that determine eligibility for Supplemental Security Income (SSI) or Medicaid. A third-party trust, funded by family members rather than the beneficiary, is one of the most commonly used structures. The mechanics and funding rules differ depending on who establishes the trust and where the assets originate, which is why trust planning warrants its own careful analysis.

ColoradoABLE Accounts

A ColoradoABLE account is a savings option for individuals with qualifying disabilities, designed for disability-related expenses. The first $100,000 in savings is excluded from the SSI resource calculation entirely, and account balances don’t affect Medicaid eligibility regardless of how large they grow. Starting January 1, 2026, the ABLE Age Adjustment Act expands eligibility to individuals whose qualifying disability began before age 46, up from the prior cutoff of age 26. That change can open ABLE accounts to a significantly larger group of Colorado families.

Coordinating Your Plan With SSI and Medicaid

Federal SSI rules cap countable resources at $2,000 for a single beneficiary. Receiving an inheritance, a settlement, or an unstructured gift above that limit can interrupt benefits. Planning before assets are transferred can help protect against that outcome.

Benefits coordination isn’t a one-time task. As rules change and a person’s situation evolves, the plan may need to be revisited to stay effective.

When Families Typically Begin Planning

Special needs planning doesn’t happen on a fixed schedule, but certain moments make the need more urgent. Three situations come up often:

• Approaching adulthood: Families with a child nearing age 18 face the guardianship transition and may also need to address benefits that shift when a child reaches adulthood.
• An inheritance or settlement: A person with a disability who receives assets without a trust in place can lose benefit eligibility. Planning before the transfer is often easier than responding after.
• A caregiver’s health or availability changes: When the primary caregiver ages, becomes ill, or faces a major life change, families often realize their existing plan doesn’t account for what comes next.

If any of these situations is on the horizon, speaking with a special needs lawyer in Denver sooner rather than later can give you more options.