When a person is unable to make decisions for themselves due to a physical or mental disability, guardianship may be necessary to ensure their well-being. In Colorado, specific laws and procedures govern adult guardianships.
A court appoints an adult guardian when an individual is unable to make essential decisions about their health, safety, or self-care, despite having available supports. Guardians exercise only the powers necessary—often limited—while encouraging the ward’s participation and aiming to restore independence. They must file an initial report within 60 days and annual reports thereafter, detailing the ward’s personal care plan and well‑being. Meanwhile, a conservator handles financial matters separately, ensuring that assets are managed in the ward’s best interests. Understanding these laws and the process can help individuals and families navigate this complex legal matter.
What is an Adult Guardianship?
A guardianship is a legal relationship where a court appoints a person or entity to make decisions on behalf of an incapacitated adult, known as a ward. This can include decisions about medical care, living arrangements, and financial matters. The guardian must act in the ward’s best interest and report regularly to the court.
Types of Guardianships
Colorado has two types of guardianship: guardianship of the person and guardianship of the estate. A guardianship of the person gives the guardian the authority to make decisions about the ward’s personal and medical care. A guardianship of the estate provides the guardian with the authority to make financial decisions on behalf of the ward. In some cases, both types of guardianships may be necessary.
The Process of Obtaining a Guardianship
Obtaining a guardianship in Colorado can be complex and involves several steps. The first step is to file a petition with the court, which includes a statement from a physician or mental health professional stating that the individual is incapacitated and in need of a guardian. The court will then appoint an attorney to represent the proposed ward and schedule a hearing to determine if guardianship is necessary.
At the hearing, the court will consider evidence and testimony from the petitioner, the proposed ward, and any interested parties. If the court determines that guardianship is necessary, it will appoint a guardian and issue a court order outlining the guardian’s responsibilities and limitations.
Duties and Responsibilities of a Guardian
As a guardian, you must act in the ward’s best interest. This includes making decisions that promote the ward’s well-being and protecting their rights and interests. You must also maintain detailed records of all decisions and expenses related to the ward and report to the court regularly.
Alternatives to Guardianship
In some cases, guardianship may not be necessary or may not be the best option for the individual. Alternative to guardianship may be considered, such as a power of attorney or a conservatorship. These options enable individuals to maintain some control over their decisions while still receiving assistance from a trusted person.
Conclusion
Do you need expert guidance in navigating the complex world of adult guardianships in Colorado? If so, contact Baker Law Group. Our experienced team of Colorado adult guardianship attorneys is here to help you understand your options and guide you through the process. Contact us today for a consultation, and let us ensure the well-being and protection of your loved ones.
