Disabilities, health struggles and aging can all limit people’s ability to meet their own needs. For their loved ones, ensuring their well-being and managing their affairs can be a major concern. In Colorado, this often involves establishing guardianship or conservatorship through the courts.
What is incapacitation?
In Colorado, an incapacitated person is someone who cannot understand or use information to make decisions, even with the help of technology. This might be because of dementia, mental illness, developmental disability, physical illness or other issues.
What are guardianship and conservatorship?
Guardians and conservatorships are both legal arrangements that support a person who
becomes unable to support themselves. However, they address different parts of this person’s
life:
- Guardianship: A guardian is a court-appointed person who makes decisions about the person’s healthcare, living arrangements and other personal and medical matters. Their work ensures the person’s overall well-being.
- Conservatorship: A conservator is a court-appointed person who manages the financial affairs of the incapacitated person. They handle tasks like paying bills, managing investments and protecting assets.
How do courts establish guardianship or conservatorship?
To set up guardianship or conservatorship, you need to ask the probate court for approval. The court will look at evidence to decide if the person really needs this support. This process involves:
- Filing a petition: Start by filing a petition in the probate court where the person lives. The petition should explain why the person needs help and information about the proposed guardian or conservator.
- Notice and hearing: After filing, you must inform family members and other interested people. The court will then hold a hearing to decide if guardianship or conservatorship is necessary.
- Court visitor’s report: The court usually appoints someone to talk to the person and others involved. This visitor will write a report with their findings for the court..
- Court decision: The judge will look at the evidence, the visitor’s report, and any objections. If the judge decides the person needs help, they will appoint a guardian or conservator.
In Colorado, setting up guardianship or conservatorship requires careful attention. Consulting with an attorney can help you ensure that you meet all legal requirements and do what is best for your loved one. By learning about the process and what you need to do, you can help keep your loved one safe and supported.