Denver Guardianship & Conservatorship Attorneys

A guardianship or conservatorship is a legal arrangement that grants one person the authority to make important decisions and act on behalf of another individual. These arrangements are often necessary to protect those who are no longer able to care for themselves or manage their own affairs due to age, illness, or disability. Guardianships and conservatorships come with significant responsibilities, as the appointed individual must act in the best interests of the protected person while managing their personal, medical, and financial matters with diligence and care.

For those seeking to establish or contest a guardianship or conservatorship in Denver, our experienced attorneys are here to provide invaluable legal support every step of the way. At Evans Case, we have decades of experience assisting families and individuals with these sensitive legal matters, ensuring that their needs are met and their loved ones are protected. Whether you are initiating the process or facing challenges, our team is prepared to guide you with compassion and expertise. In addition to guardianship and conservatorship, we can also assist with related estate planning needs, such as drafting a Living Will to address medical preferences.

Guardianship and conservatorship often intersect with other elements of estate planning, including the establishment of Irrevocable Trusts and Charitable Remainder Trusts. These tools can help protect assets and provide financial security for vulnerable individuals while aligning with the long-term goals of the family. At Evans Case, we understand the complexities involved and take a holistic approach to ensure that your entire estate plan works seamlessly to protect your loved ones and your legacy.

Our attorneys also specialize in Trust Administration, ensuring that all fiduciary responsibilities are handled efficiently and in compliance with the law. Whether you are managing a trust, considering a guardianship, or exploring other estate planning options, we are here to help. Let Evans Case provide you with the skilled and compassionate legal support you need to navigate these challenging situations and secure peace of mind for you and your family.

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What Is the Difference Between a Guardianship and a Conservatorship?

A guardianship is an arrangement wherein one person is responsible for making decisions relating to healthcare or welfare on behalf of another person, also known as the ward. When an individual becomes unable to make informed personal decisions in their daily life, the court will appoint a guardian to do it for them. Being a guardian requires a great deal of responsibility and there are a number of different areas where help may be needed making important decisions.

For instance, the guardian is responsible for determining the ward’s living situation. This does not mean that the guardian is responsible for funding the ward’s housing, but they will decide whether or not the ward should live alone, move in with family members, or move into an assisted living facility.

Aside from figuring out living arrangements, the guardian will also be tasked with helping the ward make important medical decisions, such as choosing a doctor, consenting to medical treatments, or making decisions about surgeries. In serious cases, the guardian may also have to make end-of-life decisions for the ward. This can include making decisions about options like artificial nutrition or any life-sustaining treatments.

The guardian will also make sure that the ward’s daily personal needs are taken care of. This can involve a variety of tasks ranging from nutrition and hygiene to clothing and social interactions. They may also be responsible for providing reliable transportation for the ward if necessary.

The guardian is expected to act in the best interests of the ward, meaning that they are obligated to make reasonable decisions on behalf of the ward that they would have made themselves if they were able. Additionally, in Colorado, guardians are required to report to the court regarding the well-being of the ward, including any information about important decisions that they have made on their behalf.

If a guardianship sounds like the type of legal arrangement that is right for you and your loved one, we encourage you to reach out to our team at Evans Case today to further discuss the details of your situation and see how we can help. Our firm is here to help you assess your needs and goals and find the right setup for you and your family.

A conservatorship, on the other hand, differs from a guardianship in that it is designed to focus exclusively on financial and property-related matters. A conservator is also a court-appointed position whose primary purpose is to prevent any potential financial mismanagement by the ward.

A conservator’s role involves a number of different tasks that they will be expected to perform.

All financial assets, including bank accounts, investments, and property, that are owned by the ward will be under the conservator’s control. It is the responsibility of the conservator to make sure that all assets are carefully managed with the goal of maintaining or growing the ward’s financial resources. The conservator may be required to make investment decisions and manage portfolios, bonds, mutual funds, or retirement accounts. It may be necessary to consult with a financial advisor in order to protect the ward’s long-term financial security. A conservator has a fiduciary duty to act in the best interest of the ward rather than themselves. Apart from finances and investments, the conservator will also be responsible for managing any real estate or property owned by the ward. They may need to make important decisions when it comes to selling or renting the property, paying for repairs, and ensuring that all property taxes are paid.

Another central responsibility of a conservator is to pay all bills on behalf of the ward. This may range from routine, monthly payments like rent, groceries, or insurance to more significant payments like medical bills or tax-related expenses. All bills must be paid on time in order to avoid any penalties or disruptions to services. In addition to paying pills and managing finances, the conservator must also adhere to a budget that reasonably reflects the ward’s financial situation. It is strongly advised that you track and keep detailed records of all income and expenses.

Finally, the conservator will be responsible for all financial planning on behalf of the ward. Along with identifying any debts or liabilities belonging to the ward, the conservator must also assess the ward’s financial assets, income, pensions, benefits, or any other assistance programs. The conservator will need to budget properly if the ward requires long-term care, in-home care, or any additional medical services. The conservator is also in charge of handling all of the ward’s tax obligations.

The primary difference between a guardian and a conservator are the roles that each is responsible for handling. Whichever arrangement you are interested in, the attorneys at Evans Case are here to help. We can assist in deciding which arrangement is best for you and your loved ones and help you on your journey. Our attorneys will make sure that you are able to effectively manage all of your responsibilities and legal obligations and set you up on a path for success.

When Is a Guardianship Used?

When an individual becomes incapacitated due to age, illness, or disability, a guardian is typically appointed by the court to help manage their daily responsibilities and long-term goals. A guardian may also be appointed for minor children whose parents are unable or unfit to care for them. Whatever the reasons for seeking guardianship, there are certain grounds that must be met before doing so.

In the state of Colorado, requesting guardianship requires court intervention to determine whether it is absolutely necessary to appoint a guardian. Some of the most common reasons that a guardianship is granted in Colorado include:

Incapacity: If the petitioner is able to provide evidence that the ward is unable to make responsible decisions about their health, safety, and finances or effectively communicate their wishes, the court may grant a guardianship. This generally involves the petitioner gathering medical records from doctors, psychologists, and other healthcare professionals that dictate the ward is incapable of managing their own affairs. If the ward suffers from illnesses such as Alzheimer’s, dementia, or any other mental health issues that impair their cognitive function, it could be grounds for a potential guardianship.

Risk of Harm: In addition to proving a lack of capacity, the petitioner must also demonstrate that the ward is at risk of harming themselves. By proving that the ward neglects basic needs like hygiene and nutrition is vulnerable to physical or financial harm, or is deteriorating mentally or physically, guardianship may be granted as a protective measure.

Lack of Other Alternatives: In Colorado, courts often grant guardianship as a last-ditch effort when all other alternatives have been exhausted or have been found to be inefficient. This means that the petitioner must provide proof that any alternatives, including a durable power of attorney or an advanced directive, have been tried first. In some instances, the ward may be able to keep full control over their decision making authority with the support of loved ones or family members, rather than having somebody else make a decision for them entirely.

It is up to the court to determine if any of these alternatives would be more suitable for the ward. In most cases, a petitioner who is able to provide proof that the ward is unable to effectively care for themselves will be granted guardianship, though this is not a process that Colorado courts take lightly.

For assurance that you can pursue the guardianship route confidently and effectively, consider consulting with a Denver guardianship attorney. Our firm will be able to help you explore all of your options and stand by your side every step of the way. Our attorneys have been trusted to provide exceptional care and legal support to clients in Denver for decades, and we are committed to helping protect families and achieve your goals.

Different Types of Guardianships Available in Colorado

The state of Colorado offers a few different types of guardianships. To determine which one might be best for you and your family, we strongly encourage you to speak with a guardianship attorney to discuss all of your options and help meet your needs.

Limited Guardianship: A limited guardianship limits the guardian’s authority when it comes to making decisions on behalf of the ward. With this type of guardianship, the ward is still able to make their own decisions in certain areas. This option is usually chosen by the court when they believe that the ward is still able to manage their personal affairs without support from a guardian.
General Guardianship: In a general guardianship, the guardian is given full control over the ward’s decision-making and care. This type of guardianship is most common where the ward is completely incapacitated and unable to manage their personal affairs. The guardian will be responsible for all decisions regarding the ward’s living situation, healthcare, finances, and other personal matters.
Emergency Guardianship: Emergency guardianships are generally reserved for situations where the ward is facing immediate harm or danger and quickly requires intervention. These are designed as a short-term solution, as they typically do not last any longer than 60 days. These guardianships are often granted in an expedited manner to ensure that the ward can receive the care they need as soon as possible. However, emergency guardianships can lead to general guardianships once the 60 day period concludes.
Temporary Guardianship: A temporary guardianship is useful when a guardian only needs to help the ward make decisions for a specific period of time. Temporary guardianships are often granted during medical or family emergencies. Under these types of guardianships, the guardian will have control over the ward’s healthcare decisions and finances. Once all circumstances that led to the guardianship have been taken care of, the guardianship period will end.

Choosing the right type of guardianship is crucial for ensuring that all the needs and obligations of the ward are properly addressed in a timely manner. Whether you are seeking long-term guardianship for a loved one, or you are seeking emergency guardianship in a crisis, the team of attorneys at Evans Case is here to help. Our Denver lawyers are prepared to help assess your needs and goals and determine the best guardianship for you and your family. Learn more about how our experienced team of attorneys can help offer you the exceptional legal support that you deserve.

Can a Guardianship or Conservatorship Be Contested?

In Denver, family members, loved ones, and close friends may object to a guardianship if they do not agree with the appointment of the guardian or have concerns about their ability to take care of the ward. The guardian themselves might even choose to contest the guardianship if they do not believe it is a good fit. Similar to the process of establishing a guardianship, you will also need valid grounds to contest the arrangement as well.

Disagreement over Incapacity: If the ward or those close to the ward believe that they are still capable of making their own decisions, they are able to present their evidence and attempt to contest the guardianship. Similarly, those close to the ward may petition for a limited guardianship so that they are still able to have some autonomy when it comes to making personal decisions. It is ultimately up to the court to make a decision about the capacity of the ward upon reviewing any evidence presented.

Choice of Guardian: If those close to the ward believe that the appointed guardian is either unable to fulfill the terms of the guardianship, or believe that a conflict of interest exists, they may choose to contest the arrangement. In some instances, the ward themselves may even have a personal preference about who they would like to serve as their legal guardian.

Improper Behavior: Both guardians and conservators are expected to act in the best interests of the ward. Additionally, they are also responsible for regularly filing reports with the court, providing updates about the ward’s well-being, and properly managing their finances. Any evidence of financial exploitation by a guardian can result in serious legal consequences and the removal of the guardian. Failure to provide basic needs, adequate healthcare, or a suitable living arrangement may also result in removal.

To file a petition to contest a guardianship in Denver, the contesting party must file a petition with the probate court. An experienced guardianship attorney will be able to assist in gathering evidence, including financial and medical records and expert testimonies, and offer legal advice for court hearings. Contesting a guardianship or conservatorship is not a process that should be pursued without representation from a qualified attorney. If you have concerns about your loved ones or the terms of their guardianship, we strongly urge you to reach out to our firm today and speak with one of our devoted attorneys.

Call Our Denver Guardianship and Conservatorship Attorneys Today

Whether you are seeking to establish a long-term guardianship, an emergency guardianship, or are looking to contest an existing guardianship, Evans Case is the firm that you can trust. From estate planning to elder law to probate and more, our attorneys have a wealth of experience helping Denver families take control of their future and protect their rights. Our compassionate team of attorneys has over 100 years of collective experience providing premier legal assistance to those in need. Call our team today to schedule a consultation, and come see why Denver families have continually trusted us to fight for their interests and stand by their side.

Frequently Asked Questions

When is it necessary to establish a guardianship or conservatorship in Denver?

Establishing a guardianship or conservatorship in Denver becomes necessary when an individual, due to age, illness, or disability, is unable to make informed decisions regarding their personal care or financial affairs. Guardianships are typically appointed to manage personal and healthcare decisions, while conservatorships handle financial matters. For instance, if an elderly person can no longer manage their daily activities or finances safely, the court may appoint a guardian or conservator to protect their well-being and assets. These legal arrangements ensure that the individual's needs are met responsibly and in their best interest.

How can an attorney assist in the guardianship or conservatorship process in Colorado?

Our attorney in Colorado can guide you through the complex legal procedures of establishing a guardianship or conservatorship, ensuring compliance with state laws and court requirements. We assist in preparing and filing necessary documents, represent you in court hearings, and help gather evidence to demonstrate the need for such appointments. Additionally, an attorney can advise on selecting suitable candidates for guardian or conservator roles and address any disputes or challenges that may arise during the process. Our expertise ensures that the rights and best interests of the individual in need are adequately protected.

What responsibilities does a guardian or conservator have under Colorado law?

Under Colorado law, a guardian is responsible for making decisions about the ward's personal care, including living arrangements, medical treatment, and daily needs, always acting in the ward's best interest. A conservator manages the protected person's financial affairs, such as paying bills, managing investments, and safeguarding assets. Both roles require regular reporting to the court to ensure transparency and accountability. Guardians and conservators must act with diligence and loyalty, avoiding conflicts of interest and making decisions that prioritize the well-being and preferences of the individual under their care.

How can I initiate the process of establishing guardianship or conservatorship in Denver?

To initiate the process of establishing guardianship or conservatorship in Denver, you must file a petition with the district court in the county where the individual resides. The petition should include detailed information about the individual's condition and the necessity for a guardian or conservator. After filing, the court will schedule a hearing to assess the situation, during which evidence and testimonies are presented. It's advisable to consult with an experienced attorney to navigate this process effectively and ensure all legal requirements are met. If you're considering this step, we encourage you to contact us to discuss your specific circumstances and receive personalized guidance.

Additional Information in Denver, Colorado

U.S Department of Justice - Guardship: Explanation of guardianship and its role in protecting individuals who are unable to manage their personal or financial affairs. It highlights that guardianship involves a court-appointed individual who is granted legal authority to make decisions on behalf of someone deemed incapacitated. The site also emphasizes the importance of balancing the guardian’s responsibilities with the rights of the individual, ensuring decisions are in their best interest. It offers resources and guidance on how to approach guardianship responsibly, including the potential need for court oversight. This information is invaluable for understanding the legal framework, responsibilities, and ethical considerations involved in establishing guardianship or conservatorship.

SmartAsset - What Is a Conservatorship, and How Does It Work?: Comprehensive overview of conservatorships, explaining that they are legal arrangements where a court appoints an individual or organization to manage the personal and financial affairs of someone unable to do so themselves due to physical or mental limitations. It outlines the responsibilities of a conservator, which may include handling finances, making healthcare decisions, and ensuring the conservatee's daily needs are met. The article also discusses the process of establishing a conservatorship, emphasizing the importance of court involvement to protect the conservatee's rights and interests. By reading this article, individuals can gain a clearer understanding of when and how conservatorships are implemented, aiding in informed decision-making regarding guardianship and conservatorship matters.

Center for Elders and the Courts - Guardianship & Conservatorship Basics: Overview of guardianships and conservatorships, focusing on their definitions, types, and the powers associated with each. It explains that a guardianship is a court-created relationship where a guardian is given the duty and power to make personal and/or property decisions for another person, typically an incapacitated adult or elder. The page distinguishes between a Guardian of the Person, who manages personal affairs, and a Conservator or Guardian of the Estate, responsible for financial matters. It emphasizes that due to the significant loss of individual rights involved, guardianships are considered an option of "last resort," with limited guardianships preferred to allow individuals to retain some rights based on their capacity. This resource is valuable for understanding the legal framework, responsibilities, and ethical considerations involved in establishing guardianship or conservatorship, aiding individuals in making informed decisions.