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Guardianship and Conservatorship Services
Guardianship for Minors
A minor guardianship is established when a child’s parents are no longer able to care for them, whether due to incapacity, death, or unwillingness to parent. Guardianship is often considered the best option when a child needs care outside of the parental home and adoption is not viable. In these cases, the court will appoint a guardian to make decisions in the best interests of the child. The guardian’s roles may include:
- Providing a home for the child
- Ensuring the child has the basic necessities like food, clothing, and shelter
- Applying for public assistance or benefits if necessary
- Handling legal matters on behalf of the child
- Facilitating any medical care and making medical decisions for the child
Guardianship for Adults
When an adult becomes unable to make important decisions due to incapacity or disability, guardianship can ensure their physical, emotional, and medical well-being is cared for. Depending on the circumstances, guardianship may be limited to specific areas where the person needs assistance, or it could be comprehensive. The guardian’s responsibilities typically include:
- Making medical decisions on behalf of the incapacitated adult
- Ensuring the adult receives daily care
- Deciding where the adult will live
- Protecting the adult from abuse or neglect and ensuring their safety
Conservatorship for Minors
In some cases, minors may inherit substantial financial assets, often through inheritance or a personal injury settlement. If a minor is entitled to assets, the court may appoint a conservator to manage these funds until the child reaches adulthood. A minor conservator has several important duties, including:
- Managing the minor’s funds
- Establishing and monitoring bank accounts
- Making investment decisions on behalf of the minor
- Preserving the funds for the minor’s benefit
- Accounting for the funds annually to ensure proper management and use
Conservatorship for Adults
When an adult becomes incapacitated and can no longer make sound financial decisions, a conservatorship is necessary to protect their financial welfare. In cases where both a guardian and conservator are needed, the same person may serve both roles, but they are distinct responsibilities. The duties of a conservator include:
- Overseeing finances and managing assets
- Establishing and monitoring bank accounts
- Making investment decisions on behalf of the individual
- Paying bills and managing the individual’s living arrangements
- Accounting for funds annually to ensure proper management and use
Avoiding Conservatorship
In some cases, conservatorships can be avoided through proper planning, such as the execution of a Financial Power of Attorney. Unfortunately, once incapacity occurs, it may be too late to establish such documents. If you’re already in need of conservatorship, we can assist in guiding you through the process, including obtaining a temporary conservator if necessary, until a permanent conservator is appointed.
FAQs
Frequently asked questions about Guardianship and Conservatorship in Colorado
Still have questions? Reach out to us today.
What is guardianship, and who can become a guardian?
A guardianship allows someone to care for another person’s physical well-being when they are unable to do so themselves. A guardian may be appointed for a minor or an adult who is incapacitated. In the case of minors, the parents must consent or the court must find them unfit to parent. For adults, a guardian may be appointed when they can no longer make their own decisions regarding healthcare, living arrangements, or daily care.
What is a conservatorship, and how does it differ from guardianship?
A conservatorship is a legal process in which someone is appointed to manage an individual’s financial affairs. While a guardianship is focused on personal care, a conservatorship deals with managing money, assets, and other financial matters. In many cases, both guardianship and conservatorship may be necessary for an individual, and the same person may be appointed for both roles.
How is a conservatorship established?
To establish a conservatorship, a petition must be filed with the court. The court will determine if the individual is truly incapacitated and unable to make decisions about their finances. If the court grants the conservatorship, the appointed conservator will manage the individual’s finances and must comply with all legal requirements, including annual accounting of the funds.
Can I avoid a conservatorship?
In some cases, conservatorship can be avoided by having a Financial Power of Attorney in place before incapacity occurs. This document allows someone you trust to manage your financial affairs in the event you become incapacitated. If it is too late to execute such a document, a conservatorship may be necessary.
Who can serve as a guardian or conservator?
Any responsible adult can be appointed as a guardian or conservator, but the court will consider the person’s relationship to the individual and their ability to handle the responsibilities. Family members are often appointed, but the court will ensure that the appointed person acts in the best interest of the individual.
Why are guardianship and conservatorship important?
Both guardianship and conservatorship are essential tools for ensuring that vulnerable individuals—whether minors or incapacitated adults—receive the care and financial management they need. Guardians and conservators are legally responsible for making decisions in the best interest of the individual, and these responsibilities must be carried out in accordance with the law. Without these legal protections, an individual may be at risk of exploitation, neglect, or mismanagement of their estate.
