Marcia G. O'Brien

Marcia G O Brien

Denver, Colorado

Marcie practiced in the areas of guardianships and conservatorships, fiduciary representation (where she represented both family members and professionals serving as a guardian, conservator, trustee or personal representative), probate litigation, probate administration, and estate planning. She brought to her practice a strong background in psychology as well as extensive litigation experience, having served as lead counsel on over 40 jury trials and having argued before the 10th Circuit Court of Appeals, the Colorado Supreme Court, and the Colorado Court of Appeals.

In the last few years before her retirement, Marcie restricted her practice to probate matters. She litigated a number of contested guardianships and conservatorships, represented guardians, conservators and personal representatives, and represented parties in will contests. Marcie understood the importance of estate planning not only for distributing an individual's assets upon death, but for families with children and those with the foresight to put in place powers of attorney to provide for a medical decision-maker and the continuation of the management of their financial affairs in the event of illness or disability. In addition, Marcie assisted clients with end-of-life decisions.

Areas of Practice:

  • Guardianship and Conservatorship
  • Fiduciary Representation
  • Probate Litigation
  • Probate Administration
  • Estate Planning

Bar Admissions:

  • California, 1987
  • Colorado, 1980
  • U.S. District Court District of Colorado
  • U.S. Court of Appeals 10th Circuit, 1984
  • U.S. Supreme Court, 1987


University of Denver College of Law, Denver, Colorado, 1980

Occidental College, Los Angeles, California, 1976
Honors: Cum Laude

Representative Cases:

  • Dennis I. Spencer Contractor, Inc. v. City of Aurora, 884P.2d 326 (Colo. 1994)
  • Nephew v. City of Aurora, 830 F.2d 1547 (10th Circuit 1987)
  • AmWest Investments, Ltd. v. City of Aurora, 701 F.Supp 1508 (D. Colo. 1988)
  • A.T.E., Inc. v. Nelson West Constructors, Inc., 757 P.2d 151 (Colo. App. 1988)
  • Jones v. City of Aurora, 772 P.2d 645 (Colo. App. 1988)
  • Jorgenson v. City of Aurora, 767 P.2d 645 (Colo. App. 1988)

Classes/Seminars Taught:

  • Instructor: "Basic Estate Planning for the Modest Estate", University of Denver College of Law, Institute of Advanced Legal Studies, 1999 - 2000
  • "Effective Estate Planning for the Small Estate in Colorado", National Business Institute, 2000 - 2001
  • "Elder Care in Colorado: Legal and Financial Issues", National Business Institute, 2001
  • "How to Draft Wills and Trusts in Colorado", National Business Institute, 2003
  • "Medicaid vs. Long Term Care Insurance Planning in Colorado", National Business Institute, 2004
  • Elder Law Essential in Colorado: From Estate Planning to Estate Recovery", National Business Institute, 2005

Honors and Awards:

University of Denver Grant in Aid Scholarship

Professional Associations and Memberships:

  • National Academy of Elder Law Attorneys
  • Colorado Bar Association
  • State Bar of California
  • Arapahoe County Bar Association
  • Colorado Women's Bar Association
  • Guardianship Alliance of Colorado