When an adult loses the capacity to make decisions for themselves regarding their well-being or finances, the Colorado legal system provides processes known as guardianship and conservatorship. These measures aim to protect vulnerable individuals while respecting their autonomy as much as possible. This blog post will explain what these processes are and why seeking legal advice is crucial.
Guardianship vs. Conservatorship: What’s the Difference?
- Guardianship: A guardian is appointed by the court to make personal decisions for an incapacitated adult (known as the “protected person”). This includes choices about living arrangements, medical care, and other aspects of daily life.
- Conservatorship: A conservator manages the financial affairs and property of a protected person. This involves paying bills, managing assets, filing tax returns, and making decisions about investments.
A single individual can be both a guardian and a conservator, or the roles can be assigned separately.
When are Guardianship & Conservatorship Necessary?
These measures might be considered when an adult is unable to manage their own care or finances due to:
- Dementia or other cognitive decline
- Serious illness or injury
- Developmental disabilities
The Colorado Court Process for Guardianship & Conservatorship
To establish guardianship or conservatorship, there are specific steps involved:
- Petition: An interested party (often a family member) files a petition with the court, explaining why these measures are needed.
- Assessment: The court may appoint a professional to evaluate the alleged incapacitated person’s abilities.
- Hearing: A court hearing will consider the evidence and determine if the person is incapacitated and in need of these protections.
- Appointment: If appropriate, the court appoints a guardian and/or conservator, defining the scope of their authority.
Duties and Responsibilities
Guardians and conservators have a fiduciary duty to act in the protected person’s best interests. They must:
- Prioritize the protected person’s preferences whenever possible
- Make decisions that promote the protected person’s well-being
- Maintain detailed records of actions and finances
- Regularly report to the court
Why You Need an Experienced Attorney
Navigating adult guardianship and conservatorship requires careful planning and legal expertise. An attorney can help by:
- Advising you on the best course of action and alternative options
- Assisting with the complex court process
- Advocating for the rights and interests of all involved
- Ensuring the appointed person fulfills their duties responsibly
Disclaimer: This blog post is for informational purposes and not a substitute for legal advice. If you have concerns about a loved one’s capacity, seek the guidance of a legal professional specializing in these matters.
Robert Wiest is Here to Help
At Robert Wiest, we have the compassion and expertise to guide you through the intricacies of adult guardianship and conservatorship processes. Contact us today to schedule a consultation and discuss how we can assist you in protecting your loved one.