What’s the Difference Between a Guardian and a Conservator in Colorado?

As a loved one ages or becomes incapacitated due to illness, injury, or cognitive decline, families are often faced with complex decisions about how to protect their well-being and manage their affairs. In Colorado, two of the most common legal tools used to support individuals in these situations are guardianship and conservatorship. Although these roles are related, they serve different functions and require separate legal processes through the courts.

Whether you're caring for an elderly parent, an adult with special needs, or someone recovering from a severe medical condition, knowing the difference between a guardian and a conservator can help ensure the right protections are in place. It can also help you avoid confusion when working with healthcare providers, financial institutions, and the probate court system.

What Does a Guardian Do in Colorado?

A guardian is someone the court appoints to make personal and medical decisions for another adult who is unable to make those decisions themselves. This adult is referred to legally as the “ward.” Guardianship is typically pursued when a person can no longer make safe or informed choices about their own health, living situation, or personal care.

In Colorado, a court-appointed guardian may be responsible for:

• Choosing where the individual lives (e.g., home, assisted living, memory care)
• Authorizing medical treatment and selecting healthcare providers
• Ensuring the ward receives appropriate food, hygiene, and care services
• Monitoring mental and physical health and arranging support services

The court may grant full or limited guardianship depending on the ward’s condition. Limited guardianship is often used when the individual can still make some decisions but needs help with others. The guardian is required to report regularly to the court, providing updates on the ward’s status and how decisions are being handled. This accountability is in place to protect the ward and ensure their dignity is respected.

What Does a Conservator Do in Colorado?

While a guardian looks after a person’s health and daily life, a conservator is tasked with managing their finances. A conservator is also appointed by the court, but their legal duties are focused solely on financial decisions and the individual’s property. The person in need of help is called the “protected person.”

Responsibilities of a conservator may include:

• Paying bills, managing debts, and handling everyday financial transactions
• Maintaining bank accounts, retirement funds, and other financial assets
• Filing taxes and keeping financial records
• Making investment decisions based on the protected person’s best interests
• Managing real estate, including buying, selling, or maintaining properties

In many cases, the protected person has lost the ability to make informed financial choices due to dementia, Alzheimer’s, stroke, or developmental disabilities. Colorado courts require conservators to provide detailed financial reports annually or as directed. The conservator has a fiduciary duty to act honestly, responsibly, and only in the protected person’s best interest.

How Are Guardians and Conservators Appointed?

In both cases, the process begins with filing a petition with the appropriate probate court. A hearing will be scheduled to determine if the individual in question is truly incapacitated and in need of legal protection. Evidence may include medical records, evaluations from licensed professionals, and testimony from family or caretakers.

Before making a decision, the court may also appoint a “court visitor” or “guardian ad litem” to investigate and report on the individual’s condition and the suitability of the proposed guardian or conservator. The judge will then decide whether to appoint a guardian, a conservator, or both, depending on the evidence and the individual’s needs.

At Evans Case, we help clients prepare and present thorough petitions to ensure the court has the information needed to make sound decisions. Our goal is to help protect your loved one while also minimizing conflict and stress throughout the legal process.

Do You Need One, the Other, or Both?

Not every situation requires both a guardian and a conservator. Some individuals need help only with daily living decisions, while others need only financial oversight. However, many older adults or incapacitated individuals eventually require both types of support. In these cases, one person may serve in both roles, or the court may appoint two different individuals to serve separately—especially if there are family dynamics, time constraints, or varying areas of expertise to consider.

Here’s a quick breakdown to help clarify:

• Guardian only: Needed when the person cannot manage personal care but still manages finances.
• Conservator only: Needed when the person is competent in daily decisions but struggles with finances.
• Both: Needed when the individual is unable to manage both personal and financial responsibilities.

Whether you're stepping in as an adult child, concerned spouse, or long-time caregiver, it’s essential to assess the whole picture. Financial strain, health concerns, and future planning should all factor into your decision to pursue legal authority.

Call Evans Case Today for Legal Help With Guardianships and Conservatorships

It’s never easy to watch someone you care about lose the ability to make decisions for themselves. But taking timely legal steps can prevent larger issues down the line—such as financial exploitation, medical neglect, or disputes among family members.

Guardianship and conservatorship are serious responsibilities, and Colorado courts take the appointment process seriously. Judges aim to ensure that the appointed person is trustworthy, capable, and acting in the best interest of the individual who needs protection. The process involves legal filings, evaluations, court hearings, and long-term responsibilities, including reporting and compliance with court orders.

That’s why working with experienced legal counsel can be invaluable. At Evans Case LLP, we focus on elder law and estate planning, giving us a deep understanding of the legal tools that protect Colorado families. We’ll walk you through each step, answer your questions clearly, and help you feel confident in the decisions you're making on behalf of your loved one.

If you're unsure which type of support your loved one needs—or if you’re ready to start the guardianship or conservatorship process—contact Evans Case today. We’re here to help you protect the people who matter most.