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Mitchell & Faix

Estate Planning Law Firm

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Incapacity Planning Definitions

General Power of Attorney:

You empower someone else to act on your behalf. Technically, this person becomes your “Attorney in Fact,” but is more commonly referred to as your “Agent.”

General Durable Power of Attorney:

This is a General Power of Attorney that remains valid even during your incapacity.

Durable Power of Attorney for Health Care:

You appoint an Agent of your choice to make health care decisions for you if you become incapacitated.

Living Will:

This document authorizes termination of life support if you are terminally ill and no longer responding.

Gifting Language:

Special language that may be drafted and included with your Trust document and Power of Attorney to give authority to gift assets to accomplish planning goals.

Conservatorships/Guardianships:

This is the court-supervised proceeding which names an individual or entity to manage the affairs of an incapacitated person who has not signed Powers of Attorney.

HIPAA Release:

The Health Insurance Portability and Accountability Act of 2003, known as “HIPAA,” created privacy protections for medical information which prevents hospitals and physicians from providing your personal health information to anyone that is not listed in a signed HIPAA Release. This release allows the Agents under your Durable Power of Attorney for Health Care, and the Trustees under your Revocable Living Trust to obtain your medical information.

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Our Law Office

Mitchell & Faix
950 S. Cherry St., Suite 1650
Denver, CO 80246
United States (US)
Phone: (303) 407-1542

Office Hours

Monday7:30 AM - 5:00 PM
Tuesday7:30 AM - 5:00 PM
Wednesday7:30 AM - 5:00 PM
Thursday7:30 AM - 5:00 PM
FridayClosed

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As of January 1, 2026 the Ambler Keenan Mitchell Johnson has been renamed Mitchell & Faix. For any questions or concerns regarding Erica Johnson’s retirement, please watch her announcement video or watch the recordings of our Making the Transition Zoom webinar on our Videos page.