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Guardianship in Colorado is a legal arrangement in which a court appoints an individual or entity to make decisions on behalf of someone who is unable to do so for themselves. This can include both minors and adults who are incapacitated due to age, disability, or illness. The appointed “guardian” is responsible for the personal care and, sometimes, the property or finances of the “ward” (the person under guardianship). Guardianship is considered a serious and sometimes restrictive process, designed to protect individuals who cannot act in their own best interest, and is governed by specific Colorado state laws.
The process of establishing guardianship can be complex, emotionally charged, and challenging to navigate. Here are some common situations where legal help is often needed:
- Initiating guardianship for an elderly parent who can no longer manage their affairs. - Determining the best interest of a minor who has lost a parent or whose parents are deemed unfit. - Handling disputes between family members about who should be appointed as guardian. - Ensuring compliance with court requirements and ongoing reporting duties. - Modifying or terminating an existing guardianship arrangement. - Defending against or pursuing objections to proposed guardianship.
An experienced attorney can guide you through every step, protect your rights, advocate for the ward's interests, and help you comply with Colorado law.
Colorado’s guardianship laws are primarily found in the Colorado Probate Code (Title 15, Article 14 of the Colorado Revised Statutes). Key points include:
- The court must determine that a person is legally incapacitated before appointing a guardian. - Guardians for minors are typically appointed when both parents are deceased or incapable of caring for the child. - Guardians of adults must demonstrate that the adult cannot make or communicate responsible decisions. - Colorado distinguishes between “guardianship of the person” (regarding health, care and living arrangements) and “conservatorship” (managing financial matters). - Courts will balance the needs and wishes of the proposed ward, giving special consideration to less restrictive alternatives. - Ongoing court supervision means guardians must submit regular reports detailing the ward’s well-being and finances.
A guardian makes personal and health-related decisions for someone unable to do so, while a conservator manages the financial affairs of a protected person. Sometimes, one person can serve both roles, but they can also be separate.
Courts typically appoint family members, but anyone aged 21 or older, or professional guardians, may be considered suitable if they act in the ward’s best interests.
You must file a petition with the probate court in the county where the proposed ward resides. The process includes notifying interested parties, an investigation, and a court hearing.
Not always. Guardianship can be modified or terminated if the ward regains capacity or if circumstances change. Periodic court reviews assess whether guardianship is still necessary.
Wards retain all rights and powers not specifically given to the guardian, unless the court decides otherwise. Courts strive for the least-restrictive intervention.
In some cases, yes, but Colorado law requires specific court approval for major medical decisions. Advance directives, if available, also guide these choices.
Disputes are resolved through the probate court process, where all interested parties can present evidence and arguments before a judge decides.
Yes, guardians can be reimbursed for reasonable expenses and may receive compensation approved by the court, especially professional guardians.
Guardians must regularly file reports with the court detailing the ward’s condition, living situation, and the guardian’s actions. Missing or inaccurate reports can result in penalties.
Yes, any interested party may contest a proposed guardianship or request to terminate it by presenting evidence that guardianship is unnecessary or that another person may serve better.
If you are seeking further information or assistance regarding guardianship in Colorado, consider contacting these resources:
- Colorado Judicial Branch - Probate Court Division - Colorado Department of Human Services - Adult Protective Services - Office of the Colorado State Public Guardian - Guardianship Alliance of Colorado - Legal services organizations like Colorado Legal Services
These entities can provide helpful informational materials or direct services, and may refer you to specialized legal professionals depending on your needs.
Navigating guardianship issues can be overwhelming, but you do not have to go through the process alone. Consider the following steps if you need legal assistance:
1. Gather all relevant information about the proposed ward, including medical records and any existing legal documents. 2. Reach out to a qualified Colorado guardianship attorney for an initial consultation. Many provide first consultations at reduced or no cost. 3. If immediate safety is a concern, contact Adult Protective Services or local authorities as necessary. 4. Prepare to discuss your specific concerns and desired outcomes so your lawyer can best advise you on possible courses of action. 5. Familiarize yourself with the court forms and requirements for guardianship in your local area, as provided by the Colorado Judicial Branch.
With the right information and support, you can make informed decisions to protect your loved ones and comply with Colorado’s guardianship laws.
