The words guardianship and conservatorship can have some very negative connotations to some people in Colorado. Both are generally thought of as giving up control over personal choice and independence. While no one wants to give up those things in their life, even fewer people really want to take those things away from their loved one. Instead of viewing a guardianship or conservatorship in a negative light, understanding their true purpose may help those in need of these services see the value each can provide.
A guardianship is generally arranged when a person needs help caring for themselves and their personal property. An individual assigned as a guardian is simply responsible for making sure appropriate legal decisions are made regarding the health and welfare of their loved one. To ensure there is no abuse of this power, certain legal protections are put in place to safeguard the rights of the incapacitated individual.
A conservatorship is a little different. A conservator is a someone who is appointed to manage the estate of a person who has become incapacitated. The main focus of an individual in this position is to ensure the financial aspects in a loved ones life are adequately handled. Again, there are limitations to this position, which serve as a protection against those who may try to abuse the situation.
The goals of both a guardianship and conservatorship are very much alike. The main focus of each is to protect the safety and financial interests of an incapacitated loved one. The process of appointing a person to these positions isn’t necessarily clear-cut or easy, particularly if the appointment is contested. More can be learned about guardianships and conservatorships on our [url=’/Holistic-Eldercare-Legal-Planning-HELP/Guardianship-And-Conservatorships.shtm’lColorado Guardianship and Conservatorship[/url] webpage.
It is hard to know if a guardianship or conservatorship will be needed at any point in a person’s life. If desired, it is possible to include specifics regarding designating a guardian or conservator in an estate plan; so if it is necessary plans are already in place. If this designation is not included in an estate plan, a Colorado attorney who specializes in elder law can certainly help families faced with this decision understand the process and work through the legalities of the situation to ensure their loved one is properly provided for.
Source: elderlawcolorado.com, “Denver Guardianship Lawyer“, , Sept. 1, 2014