Navigating the Legal Waters When Your Adult Child Needs You Most

By: Marc Summers

There’s arguably nothing more heart-wrenching than receiving the call that your child has been in an accident, especially when they’re living away from home, either for work or college. The situation can become even more stressful when you discover that hospitals and medical professionals refuse to discuss your over-18 child’s condition due to privacy laws. What can you do to avoid this horrible and hopeless feeling situation?

Most parents don’t consider “estate or incapacity planning” necessary for their children aged 18 to 30. After all, despite their legal adulthood, it’s hard to think of your college kid who still hasn’t mastered the art of laundry as a full-fledged adult. However, the stark reality is that once your child turns 18, you, as a parent, do not have automatic rights to make medical or financial decisions for them. So if they have an accident and become incapacitated, what can be done for them? This is why having both a financial and medical Power of Attorney is crucial. These documents enable your adult child to appoint you—or another trusted adult—to act on their behalf, should they become incapacitated.

As the holiday season approaches and your adult children prepare to invade your home, consume your food, and disrupt your daily rhythm (all of which you secretly enjoy), it’s the perfect opportunity to discuss setting up an incapacity plan. It’s not just a matter of legal formality; it’s about preparing for the unexpected with the right documents to ensure that if something happens, you’re ready and able to step in without legal barriers.

At McDonough Law Group, we understand that while we can’t stock your fridge or restore the quiet you’ll miss during the holidays, we can certainly help provide peace of mind with the necessary Powers of Attorney. Contact us today, and let’s ensure that this holiday season, you’re prepared for more than just the family dinners.

Navigating the New Requirements: Understanding the Corporate Transparency Act

As of January 1, 2024, the Corporate Transparency Act (CTA) has introduced new federal filing requirements that significantly affect many business entities across the United States. Enacted under the Anti-Money Laundering Act of 2020, the CTA aims to enhance the ability of federal and state enforcement agencies to combat illicit activities such as money laundering and terrorist financing by providing more comprehensive information about the ownership of small and shell companies.

Recent updates by the Financial Crimes Enforcement Network (FinCEN) have clarified several key aspects concerning the beneficial ownership information requirements, especially regarding entities that have ceased operations. According to FinCEN, any entity that was fully dissolved before the implementation of the CTA on January 1, 2024, is not required to report beneficial ownership information. This exemption applies to entities that have completed all aspects of formal and irrevocable dissolution—such as filing dissolution documents, finalizing tax obligations, ceasing all business activities, and closing bank accounts.

However, for entities that existed in any form on or after January 1, 2024, even if they had ceased operations or were in the process of winding up, they are still required to comply with the reporting requirements. This rule also applies to entities formed or registered in 2024 or later, which must report their beneficial ownership information within specific timelines, regardless of whether they have ceased to exist before filing their initial reports. This means that any company, regardless of its operational status, must adhere to these regulations if they were legally existent during the specified time frame.

The implications of these updates are significant for business compliance. Ensuring that your business or any entity you manage complies with these new federal requirements is crucial to avoid potential legal issues. For business owners, it’s essential to understand these regulations and take appropriate actions to ensure compliance. If you have any concerns or need further clarification on how these rules may affect your business, please contact McDonough Law Group to schedule a consultation.

Welcoming Attorney Scott Olheiser to McDonough Law Group

McDonough Law Group is thrilled to welcome Attorney Scott Olheiser as a valuable addition to our team. Based in Fruita, Colorado, Scott brings over 25 years of diverse legal experience and a deeply rooted connection to the Rocky Mountain region. His extensive background spans a variety of legal areas, with a particular focus on litigation, and he’s licensed in both Wyoming and Colorado. Scott’s practice areas, including oil and gas, real estate, business law, and more, complement our firm’s goals to provide comprehensive legal services tailored to the needs of our clients.

Scott’s approach to law is driven by a commitment to client satisfaction and a belief in the power of clear, straightforward communication. His ability to simplify complex legal issues, combined with a strategic use of mediation and litigation allows him to effectively assist his clients.

At McDonough Law Group, we are excited about the depth of experience and the unique perspectives Scott brings. His dedication to the legal profession and his proactive involvement in community and professional organizations reflect our firm’s values of excellence and service. We look forward to his contributions and the ways in which his presence will enhance the legal outcomes for our clients. Welcome, Scott!

Welcome Attorney Bruce Frederick to McDonough Law Group

McDonough Law Group is delighted to welcome Attorney Bruce Frederick to our team. Bruce brings a wealth of experience in water law, natural resources law, and environmental law, complemented by extensive experience in land use, contracts, and property law. Throughout his career, Bruce has adeptly served a diverse clientele that includes private individuals, corporations, governmental entities, and non-profits, consistently demonstrating his commitment to meeting a broad range of legal needs.

Licensed in both New Mexico and Colorado, Bruce’s ability to navigate complex legal landscapes is enhanced by his unique educational background in geology (BS) and groundwater hydrology (MS), providing him with a distinctive perspective that bridges the gap between law and science.

Bruce’s arrival at McDonough Law Group strengthens our ability to make a meaningful impact for our clients in New Mexico and Colorado while enriching our team with his vast experience and dedication to environmental law. We are excited about the depth of knowledge and commitment Bruce brings to our practice and look forward to the ways he will help us continue to serve our clients and communities.

Welcome aboard, Bruce!

We Welcome New Legal Talent Kirsten M. Kurath and Honor the Legacy of Williams, Turner & Holmes, P.C. of Grand Junction, CO

Exciting news for McDonough Law Group as we warmly welcome attorney Kirsten M. Kurath to our team. Kirsten’s arrival from Williams, Turner & Holmes, P.C. (WTH), a firm with a history dating back to 1882 in Western Colorado, signals an expansion of our legal experience and services. This integration not only enriches our firm with the legacy and traditions of WTH but also fortifies our commitment to serving the Grand Junction and Western Slope communities with unparalleled legal support. The closure of WTH marks the end of an era, but also the beginning of a promising new chapter with McDonough Law Group. Kirsten’s dedication to providing personal attention aligns perfectly with our core values, promising continuity of service and a deepened level of experience in our offerings.

Kirsten Kurath is licensed in Colorado and Utah and has extensive experience in water law, real estate, and general practice. She has effectively represented a diverse clientele ranging from energy companies and irrigation districts to individual water users, skillfully navigating complex disputes and water court applications. Her legal practice also covers a wide spectrum of areas including estate planning, special district law, construction, and employment law.

We look forward to the enriched legal solutions that Kirsten will bring to our existing and future clients. Together, we are set to continue a tradition of legal excellence and community service that has been the hallmark of both McDonough Law Group and WTH. Welcome aboard, Kirsten!

3 Tips Every Business Owner Should Know About Trademarks

By: Shelby N. Price, Trademark Attorney

Trademarks provide brand recognition for your goods/services and are noted by either the signature circle R (®) or TM/SM, depending on where you are in the application process. A trademark gives you ownership of your brand on a national level. If you have a logo, business name, slogan, or tagline that is unique to your business, here are 3 valuable tips on how to protect your brand with a trademark.

1. Your business entity (LLC, Corporation, Partnership, etc.) does not have to be formed before filing an application for a trademark. Forming a business entity only gives you the right to do business in that state and does nothing to protect your brand. If your brand is already in use, trademarks can be applied for as an individual and later be assigned to your business entity after it is formed. Registering your trademark before developing your brand could prevent costly future litigation and rebranding of your company.
2. Slightly changing a trademark does not eliminate likelihood of confusion. Changing the spelling of a name, adding a word, or deleting a word are slight changes that will likely not resolve any problems your trademark has with an existing trademark. If there is a likelihood that your trademark could be confused with another’s, and you are in the same industry, your trademark application may be rejected. Conducting a trademark clearance search is highly recommended to detect potential obstacles in the application process.

3. Purchasing a website domain name does not give you ownership of the business name. Domain names only give you the right to host a website at that address. Mere availability of a domain name does not mean you will not have an issue with an existing trademark.


Navigating the world of trademarks can be complex, but it’s essential for protecting your brand. As a Trademark Attorney, I’ve shared three key tips to help you understand the importance of trademarks for your business. If you have any questions or need guidance on how to safeguard your brand, please feel free to reach out to me, Shelby Hughes. I’m here to help you through the trademark process, ensuring your brand is well-protected and positioned for success.