2011 Super Lawyers Pro Bono Award
Attorney Profile

Bernard A. Poskus

Bernard Poskus

Poskus, Caton & Klein, P.C.
303 East 17th Avenue, Suite 900
Denver, CO 80203

Denver

Colorado (CO)

Contact Contact Bernard A. Poskus
T: 303-832-1600
F: 303-832-1676

Visit: www.poskuscatonklein.com
Practice Areas: Estate Planning & Probate (40%), Elder Law (30%), Estate & Trust Litigation (30%)

Estate Planning & Probate

Elder Law

Estate & Trust Litigation

Industry Groups: American College Of Trust And Estate Counsel, National Academy Of Elder Law Attorneys

Profile

Bernard A. Poskus has practiced law since 1978, with most of his practice being devoted to representation of the elderly, the disabled, and those persons who are otherwise disadvantaged.

He started his private practice in 1989, and since then, has litigated numerous issues concerning probate and Medicaid law, has lectured frequently on legal issues concerning the elderly and disabled to both professional and lay audiences, and has published several articles regarding these issues.

Mr. Poskus appreciates being able to work with clients to help them attain their goals in a way that maximizes their understanding of the legal process, while at the same time, insuring that their interests are represented to the maximum extent.

Selected To

Colorado Super Lawyers 2011
Colorado Super Lawyers 2010
Colorado Super Lawyers 2009
Colorado Super Lawyers 2008
Colorado Super Lawyers 2006

Certifications and Credentials

About Bernard Poskus

Admitted: 1982, Colorado

Professional Webpage: www.poskuscatonklein.com/DynamicAttorneys.shtml?wldpid=28039...

Honors and Awards:

  • In 2009, the National Chapter of the Alzheimer's Association awarded Mr. Poskus its Maureen Reagan Outstanding Advocate Award.  The Award is named for the late Maureen Reagan, daughter of President Reagan (who died with Alzheimer's in 2004), who was an extraordinary Alzheimer advocate.  This annual award pays tribute to an individual in the national Alzheimer's Association chapter network who exemplifies Maureen's special qualities.

Bar/Professional Activity:

  • Mr. Poskus was first admitted to the practice of law in Illinois in 1978.  He is also admitted to practice in the United States Supreme Court, as well as all Federal Courts in the State of Colorado.

Pro bono/Community Service:

  • Mr. Poskus is a member of the Board of Directors of the Colorado Chapter of the Alzheimer's Association.  He has served as the chairperson of its Public Policy Committee for over 15 years.

Scholarly Lectures and Writings:

  • A two part article authored by Mr. Poskus appeared in the October and November, 1989 issues of The Colorado Lawyer, entitled Estate Planning for Medicaid Long-Term Care Benefits.  This article was the first major exposition of Medicaid eligibility published in the State of Colorado.
  • Mr. Poskus published Medicare Practice: A Primer in the August, 1995 issue of The Colorado Lawyer.This article was summarized issues surrounding eligiblity for coverage for medical services under the program, as well as the rights of individuals to challenge Medicare's coverage determinations.
  • Mr. Poskus published Medicaid Eligibility and the Deficit Reduction Act of of 2005 in the Summer, 2007 edition of the Colorado Bar Associations' Trust and Estate Section Council Notes.  The Deficit Reduction Act of 2005 made substantial changes in the manner in which the Federal Medicaid program analyzes a number of issues including the treatment of gifts made by Medicaid applicants, how annuities are counted for eligibility purposes, and the consideration of the home property in determining the amount of resources held by an applicant.  This article describes those changes in detail.
  • Mr. Poskus is the author of Rule of Professional Conduct 1.14 and the Diminished Capacity Client, published in the May, 2010 issue of The Colorado Lawyer.  The attorney-client relationship begins to break down when the client's mental capacity is diminished or absent.  This article attempts to provide guidance to lawyers placed in this difficult situation., Author, Rule of Professional Conduct 1.14 and the Diminished Capacity Client, Volume 31, , 2010

Verdicts and Settlements:

  • Estate of Grimm v. Evans, 251 P.3d 574 (Colo. App. 2010)
  • Valdez v. City of Ottawa, 434 N.E.2d 1192 (Ill. App. 1982).
  • Obert v. Dept. of Social Services, 766 P.2d 1186 (Colo. 1988).
  • Estate of Moring v. Colo. Dept. of Health Care Policy and Financing, 24 P.3d 642 (Colo. App. 2001).
  • Schaerrer v. Westman Commission Co., 769 P.2d 1058 (Colo. 1989).

Educational Background:

  • Mr. Poskus received his undergraduate degree in Economics from the University of Notre Dame in 1974.
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