Denver Guardianship Lawyer

Types of Guardianship

Guardianship is a legal arrangement in which a court appoints a person (the guardian) to make decisions on behalf of another individual (the ward) who cannot do so. In Denver, guardianship cases typically fall into two categories:

Guardianship of a Minor

This occurs when a child’s parents are unable or unwilling to care for them. Colorado law allows for temporary and permanent guardianship arrangements, depending on the circumstances.

Steps to Establishing Guardianship in Denver

Establishing guardianship involves several legal steps, each designed to protect the ward’s best interests. At Baker Law Group, we guide clients through the following stages:

Filing the Petition

The process begins by filing a petition for guardianship with the Denver Probate Court. This document must include detailed information about the proposed guardian, the ward, and the reasons why guardianship is necessary. Our attorneys will ensure that your petition is comprehensive, legally sound, and aligns with Colorado law.

Notice and Hearing

Once the petition is filed, all interested parties, including the ward, must be notified. The court will schedule a hearing to review the petition and hear arguments from all sides. The judge may appoint a guardian ad litem to represent the ward’s interests during this process.

Court Evaluation

The court may order a professional evaluation of the ward to assess their capacity for decision-making. This assessment plays a critical role in the court’s determination of whether guardianship is necessary.

Court Decision

After considering all evidence and testimonies, the court will decide whether to appoint a guardian and, if so, what type of guardianship is appropriate.

Guardian’s Duties and Responsibilities

Once appointed, the guardian has a fiduciary duty to act in the ward’s best interests. Depending on the scope of the guardianship, this includes making decisions related to healthcare, education, and general welfare. The guardian must also submit regular reports to the court regarding the ward’s status and well-being.

Guardianship of an Incapacitated Adult

This applies to adults who are unable to manage their personal or financial affairs due to physical or mental limitations. These cases often involve elderly individuals or those with significant disabilities.

Baker Law Group is well-versed in all aspects of Colorado guardianship law, and we are here to assist you in navigating the legal requirements and procedures necessary to establish a guardianship arrangement that aligns with the ward’s needs and your intentions as a guardian.

When is Guardianship Necessary in Denver?

Guardianship becomes necessary when individuals cannot make sound health, safety, or welfare decisions. In the case of minors, guardianship may be required if the parents are deceased, missing, or otherwise unable to care for their child. For adults, guardianship might be needed if they suffer from conditions such as dementia, mental illness, or developmental disabilities that impair their ability to make informed decisions.

It is essential to understand that Colorado law emphasizes the least restrictive alternative when appointing a guardian. Before granting guardianship, the court must be convinced that no other arrangement, such as a power of attorney or a protective order, will suffice to protect the individual’s interests

What are the Types of Guardianship in Denver

At Baker Law Group, we handle various types of guardianship cases in Denver, including:

Limited Guardianship

This type of guardianship restricts the guardian’s authority to specific areas, such as medical or financial decisions. It is suitable when the ward can still make some decisions independently but requires assistance in others.

Full Guardianship

Here, the guardian is granted comprehensive authority to make all decisions on behalf of the ward. Full guardianship is appropriate when the ward is unable to make personal or financial decisions.

Emergency Guardianship

In urgent situations where the ward’s health or safety is at immediate risk, the court can appoint a temporary guardian without a full hearing. This arrangement typically lasts for no more than 60 days C.R.S. § 15-14-312.

Conservatorship

While not a type of guardianship, conservatorship often overlaps with guardianship cases. A conservator manages the ward’s financial affairs, whereas a guardian oversees personal and health care decisions. Our attorneys can help you understand whether your situation requires guardianship, a conservatorship, or both.

Common Challenges in Guardianship Cases

Guardianship cases often involve sensitive family dynamics and conflicting interests among relatives. Common challenges include:

• Contested Guardianship: Family members may disagree on who should serve as the guardian or whether guardianship is even necessary.
• Financial Management Issues: Ensuring the ward’s financial interests are protected can be complex, particularly when substantial assets are involved.
• Court Oversight: As a guardian, you are subject to ongoing court oversight, including regular reports and potential hearings. Failure to comply with court requirements can result in legal consequences.

At Baker Law Group, we help our clients with challenges with a balanced approach. We aim for amicable resolutions while fiercely protecting their interests in the event of disputes.

What are the Responsibilities of a Guardian in Colorado?

In Colorado, a guardian’s primary responsibility is to act in the ward’s best interests, whether the ward is a minor or an incapacitated adult. Guardians are tasked with meeting the ward’s basic needs, including providing adequate food, clothing, shelter, and medical care. They must make decisions regarding the ward’s health, education, and general welfare while respecting the ward’s preferences and maintaining their dignity whenever possible. Additionally, guardians must maintain accurate records of their actions and periodically report to the court, detailing the ward’s condition and the guardian’s activities. They are expected to prioritize the ward’s well-being above all else.

When Would You Need to Terminate a Guardianship?

Contact a Denver Guardianship Lawyer

Contact Baker Law Group today if you are considering guardianship or facing a dispute in Denver. Our team is dedicated to providing compassionate and experienced legal support to help you protect your loved ones and ensure their needs are met. Don’t navigate this complex legal process alone—reach out to us for a consultation, and let us guide you every step of the way.

Contact a Denver Guardianship Lawyer at Baker Law Group to discuss your case and find out how we can help.