Due to the nature of their service, military families often face unique legal challenges. Frequent relocations, long deployments, and the unpredictable nature of military life can create significant hurdles when addressing guardianship matters. Establishing a proper guardianship plan is essential to ensure the well-being of minor children or dependent adults, particularly when military obligations may interfere with the ability to provide direct care.
This blog post explores the special considerations military families in Colorado should consider when navigating guardianship issues. It highlights how Baker Law Group can provide assistance tailored to these unique needs.
What Is Guardianship?
Guardianship is a legal arrangement in which a court appoints an individual to make decisions on behalf of a minor or an incapacitated adult who cannot manage their affairs. The appointed guardian assumes responsibility for decisions regarding the person’s care, education, medical treatment, and overall well-being.
For military families, guardianship arrangements often require additional foresight and flexibility to address the challenges posed by deployment, permanent change of station (PCS) orders, or other service-related obligations.
Challenges Unique to Military Families
Frequent Relocations and State-Specific Laws
Military families frequently relocate across state lines or even internationally. Each state has its guardianship laws, which can complicate establishing and maintaining guardianship arrangements. In Colorado, guardianship proceedings are governed by the Colorado Probate Code (C.R.S. Title 15). If a family moves out of state, it may need to modify its guardianship arrangement to comply with the laws of its new location.
For service members stationed in Colorado, consulting a knowledgeable guardianship lawyer can ensure compliance with Colorado law while preparing for future moves.
Deployment and Temporary Guardianships
Deployments often require service members to spend extended periods away from home. Establishing temporary guardianship can ensure that a trusted individual is legally authorized to care for minor children or other dependents.
Colorado law allows parents to delegate their parental powers to another adult for up to 12 months under a power of attorney (C.R.S. § 15-14-105). However, a court order may be required if a longer arrangement or full guardianship is needed. Preparing these documents before deployment is crucial for military families to avoid legal complications.
Emergency Situations
Military families must also account for the possibility of emergencies. Whether it’s an unplanned deployment or a sudden medical emergency, having a guardianship plan provides peace of mind. In Colorado, emergency guardianship can be established under certain circumstances, often requiring immediate court intervention. Planning with the assistance of a guardianship attorney can minimize the stress associated with such situations.
Special Considerations for Guardianship in Colorado
Designating a Guardian
When selecting a guardian, military families should carefully consider the individual’s ability to care for their child or dependent, especially if relocation or deployment occurs. It’s important to choose someone who understands the unique challenges of military life and is willing to make long-term commitments if necessary.
Dual State Residency
For military families with connections to multiple states, it’s essential to understand how different jurisdictions interact. For example, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) provides a framework for resolving custody disputes and determining which state has jurisdiction in guardianship cases. Colorado has adopted this act, making it a key consideration when navigating multi-state guardianship issues.
Long-Term Guardianship vs. Temporary Solutions
Deciding between long-term guardianship and temporary arrangements depends on the family’s circumstances. While temporary guardianship may suffice during deployment, a more permanent solution might be necessary if a service member faces an extended assignment overseas or a permanent disability. Working with a lawyer ensures that the chosen guardianship arrangement aligns with the family’s needs and complies with Colorado law.
Tips for Creating a Guardianship Plan as a Military Family
- Consult a Denver Guardianship Lawyer Familiar with Military Issues
Guardianship laws can be complex, particularly for families navigating military-specific challenges. Seeking legal counsel from Baker Law Group, which understands the needs of military families in Colorado, can simplify the process and ensure all necessary documents are in order. - Establish a Comprehensive Family Care Plan
The U.S. Department of Defense requires all service members with dependents to create a Family Care Plan. This document outlines who will care for children or dependents during a deployment or emergency. While not a legal document, it should align with formal guardianship arrangements to prevent conflicts. - Prepare Financial and Medical Documents
Guardianship often involves financial and medical decision-making. Ensure the guardian can access necessary documents, such as medical records, insurance policies, and financial information. Military-specific benefits, like TRICARE or the Survivor Benefit Plan, should also be considered when planning. - Update Plans Regularly
Military life is ever-changing, so reviewing and updating guardianship plans regularly is vital, especially after a PCS, promotion, or change in family dynamics.
Why Military Families in Colorado Need a Guardianship Lawyer
Navigating guardianship issues can be challenging, even for civilian families. For military families, these challenges are often magnified by service demands. A knowledgeable guardianship lawyer can help:
- Draft guardianship petitions, powers of attorney, and other legal documents.
- Address jurisdictional issues arising from interstate or international moves.
- Represent families in guardianship proceedings before Colorado courts.
- Guide compliance with military requirements like the Family Care Plan.
By partnering with Baker Law Group, military families can create a guardianship plan that provides security, clarity, and peace of mind.
Contact a Colorado Guardianship Lawyer
If you are a military family in Colorado seeking to establish or update a guardianship arrangement, Baker Law Group is here to help. With extensive experience in guardianship law and a deep understanding of the unique challenges military families face, we provide compassionate, reliable legal guidance tailored to your needs.
Contact Baker Law Group today to schedule a consultation and ensure your guardianship plan is prepared to meet the demands of military life. Protect your family’s future by partnering with a team that understands the legal landscape in Colorado.
