Guardianship is a significant legal responsibility, entrusted to a guardian by a court to care for another person, commonly referred to as a ward. In Colorado, establishing guardianship involves specific legal processes and considerations designed to protect the ward’s interests, who may be a minor or an incapacitated adult.
This guide, provided by Baker Law Group, offers a detailed walkthrough of the steps, legal requirements, and considerations in establishing guardianship in Colorado.
What is Guardianship?
Guardianship grants a person or entity the legal authority to make decisions on behalf of another person who is unable to make decisions for themselves due to age, incapacity, or disability. The guardian’s responsibilities may include making decisions about the ward’s living arrangements, education, medical care, and in some cases, financial matters.
Types of Guardianship in Colorado
In Colorado, there are primarily two types of guardianship:
- Guardianship of a Minor: Typically established when the parents of a minor are unable to care for their child due to death, absence, or incapacity. It may also be necessary if a child inherits assets or receives a significant legal settlement.
- Guardianship of an Incapacitated Adult: Applicable when an adult cannot effectively receive or evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care.
Steps to Establish Guardianship in Colorado
Step 1: Determine the Need for Guardianship
Before proceeding, it’s crucial to assess whether guardianship is the most appropriate solution. Alternatives like power of attorney, conservatorship, or trust arrangements might be suitable, depending on the circumstances.
Step 2: Petition for Guardianship
To initiate guardianship proceedings, a petition must be filed in the county where the proposed ward resides. This petition should detail why guardianship is necessary, the proposed ward’s condition, and the suitability of the proposed guardian.
Step 3: Notice of Hearing
Once the petition is filed, the court schedules a hearing. Notice of this hearing must be provided to the proposed ward and their close relatives, informing them of the time and place of the hearing and their rights during the process.
Step 4: Appointment of a Guardian ad Litem
In many cases, especially involving incapacitated adults, the court appoints a guardian ad litem. This individual investigates the circumstances and reports back to the court with recommendations concerning the proposed guardianship.
Step 5: The Court Hearing
During the hearing, the judge evaluates the evidence presented, including testimony from the guardian ad litem, medical professionals, and other relevant parties. The proposed ward has the right to be present and to contest the guardianship.
Step 6: Issuance of Guardianship Orders
If the court determines that guardianship is necessary and the proposed guardian is suitable, it will issue an order of guardianship. This order specifies the guardian’s powers and duties regarding the care of the ward.
Responsibilities of a Guardian in Colorado
A guardian is tasked with considerable responsibilities, which must always be executed with the ward’s best interests in mind. These duties can encompass:
- Deciding on the ward’s living situation and ensuring it is safe and meets the ward’s needs.
- Managing medical care, including making decisions about treatment options.
- Ensuring the ward’s educational and vocational needs are met.
- Reporting to the court about the guardianship status at intervals mandated by the court.
Legal Support from Baker Law Group
Navigating the complexities of Colorado guardianship law can be daunting. Baker Law Group is here to provide guidance and
representation throughout the guardianship process.
Our team is experienced in handling all aspects of guardianship cases, from assessing the initial need and filing the necessary legal documents, to representing clients in court and managing post-appointment responsibilities.
Guardianship is a profound commitment, and having seasoned legal professionals by your side can ensure that the process aligns with legal requirements and serves the best interest of the ward.
If you are considering guardianship or have questions about the process, contact Baker Law Group today for a consultation to discuss your specific circumstances and how we can assist you in navigating this critical journey.
