Guardianships and Conservatorships

The need for a guardian or a conservator may arise for many reasons.  A non-parent may need authority over another person’s minor child to register for school, receive life-insurance proceeds, or apply for benefits.  Adult children may need to handle the affairs of a parent suffering from dementia.  Families may disagree over the proposed course of medical treatment for a loved one on life support and there was no preexisting medical power of attorney or advance directive in place.

    • A “guardian” is an individual appointed by the probate court to make personal decisions on behalf of an adult under disability (referred to as the “respondent”). 

    • Once the court appoints a guardian then the respondent is often referred to as the “ward.”

    • The court’s threshold issue is “incapacity” of respondent. If the court finds incapacity, then the court will rule on appointment of a guardian.

    • We can assist with the filing of a petition for appointment and procedural due process requirements leading up to the initial hearing.

    • The petition will require a physician’s letter in support of the need for a guardianship. Colorado law requires extensive detail in the support letter. We can explain the nuance and review the physician’s support letter to verify statutory compliance.

    • Colorado law currently defines “incapacitated person” as:
      an individual other than a minor, who is unable to effectively receive or evaluate information or both or make or communicate decisions to such an extent that the individual lacks the ability to satisfy essential requirements for physical health, safety, or self-care, even with appropriate and reasonably available technological assistance.
      C.R.S. § 15-14-102 (5)
      https://colorado.public.law/statutes/crs_15-14-102 (accessed 2025)

    • Conservatorships operate to protect the property of adults under disability.

    • A “conservator” is appointed by the probate court to make financial decisions on behalf of the “respondent”.

    • After appointment of a conservator, the respondent is often referred to as the “protected person.”

    • We can assist with the filing of a petition for appointment and procedural due process requirements leading up to the initial hearing.

    • The petition will require a physician’s letter in support of the need for a conservatorship. Colorado law requires extensive detail in the support letter. We can explain the nuance and verify that the physician’s support letter meets statutory requirements.

    • We can assist with your acceptance of a testamentary appointment to be a child’s guardian in the event that a child loses their parent.

    • “Testamentary” means that the parent nominated you to be their child’s guardian in a Last Will and Testament or other signed writing such as a Nomination of Legal Guardian by Parents.