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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? 

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: 

The Colorado Court Process for Guardianship & Conservatorship 

To establish guardianship or conservatorship, there are specific steps involved: 

  1. Petition: An interested party (often a family member) files a petition with the court, explaining why these measures are needed. 
  1. Assessment: The court may appoint a professional to evaluate the alleged incapacitated person’s abilities. 
  1. Hearing: A court hearing will consider the evidence and determine if the person is incapacitated and in need of these protections. 
  1. 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: 

Why You Need an Experienced Attorney 

Navigating adult guardianship and conservatorship requires careful planning and legal expertise. An attorney can help by: 

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. 

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