Vincent, Romeo & Rodriguez, LLC
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Guardianship established by the court

Life is full of changes. One moment the Colorado resident is worried about the stock market; the next moment the individual is concerned with a medical diagnosis. Then there is always the possibility that something will happen and the individual will become unable to take care of him or herself. If this does become reality, it may be necessary for guardianship to be established by a court.

In addition to the possibility that one may need someone to step in and make decisions as the individual ages, it is possible that the individual will become disabled or incapacitated sooner rather than later. An accident or debilitating illness can drastically alter one's life and one's ability to take care financial and personal matters. Unless the proper steps have already been taken, a guardian will need to be appointed.

When selecting a guardian, the court attempts to take the individual's wishes into consideration. If the individual is able to express his or her desires, this is typically taken into consideration. If not, the court is able to review documents such as a will or durable powers of attorney to determine the individual's wishes. If these documents are not available, the courts typically look to individual's spouse, parents, children of legal age or other close family members.

The individual who holds guardianship responsibilities for an individual is in essence the one who will make financial and medical decisions on behalf of the Colorado resident. When one is incapacitated even for a relatively short period of time, there are still financial and medical decisions that need to be made. In order to maintain control regarding exactly who is appointed as guardian, the individual may find it beneficial to discuss the matter and take steps to identify someone now before one is actually needed.

Source:, "Guardianship of Incapacitated or Disabled Persons", Accessed on Feb. 10, 2018

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