Please note: Guardianships, conservatorships and special needs trusts are complex matters. The laws, rules and regulations change frequently. Please seek advice from a knowledgeable attorney.

GUARDIANSHIPS AND CONSERVATORSHIPS

Law Offices of Sharon L. Svendsen, P.C.

824 Pine Street

Louisville, CO 80027

303-604-1762

A family member or loved one may not be able to make his or her own personal and financial decisions due to mental illness, physical or mental incapacity, or some other disability. If the person has not prepared powers of attorney (financial and/or medical) in anticipation of such incapacity or disability, a court proceeding may be required to appoint someone to handle financial matters or make necessary decisions for that person.

In Colorado, a guardian makes personal and health care decisions for the incapacitated person. A conservator handles financial and property matters for the protected person.

Guardianships and conservatorships may be limited or unlimited depending upon the impairment of the person and the circumstances requiring assistance.

A guardian and/or conservator is a position of responsibility. Anyone appointed to that position must be aware of the duties and responsibilities of the position and must account to the court on a regular basis.

A petition for appointment is filed with the court, together with a filing fee and supporting documents. A court hearing is held to determine if the person requires the assistance of a guardian and/or conservator, and if so, who is the appropriate person to serve in that capacity. For guardianship proceedings the court will appoint a “visitor” to interview and consult with the incapacitated person, advise the person of the person’s rights in the proceedings, and attempt to ascertain the person’s views with respect to proposed guardian. The visitor also interviews the proposed guardian, physicians and other caregivers. The visitor then files a report with the court. If the incapacitated is not already represented by an attorney, the court may require such representation. A doctor’s letter describing the nature of the person’s incapacity, history of care and treatment, prognosis, and how the individual’s ability to make or communicate responsible decisions are affected by the individual’s physical or mental health.

Proper notice of the petition and hearing must be provided to all interested parties.

Any competent individual 21 years of age or older may serve as guardian and/or conservator, however, there is an order of priority: spouse of the incapacitated person, person nominated by the incapacitated person prior to the incapacity; an adult child; the parent; any relative with whom the incapacitated person has resided for more than six months prior to filing the petition; a nominee of the caregiver of the incapacitated person. The proposed guardian and/or conservator must file credit reports and a background check from the Colorado Bureau of Investigation with the Court.

After hearing the court issues Letters of appointment which serve as evidence of the guardian and/or conservator’s authority to act. Both the guardian and the conservator will be required to submit reports to the court, no less frequently than annually.

THE ABOVE INFORMATION IS NOT INTENDED TO BE USED AS LEGAL ADVICE. LAWS, RULES AND REGULATIONS MAY CHANGE. SEEKING APPOINTMENT OF A GUARDIAN AND/OR CONSERVATOR CAN BE TECHNICAL AND COMPLEX AND SHOULD NOT BE UNDERTAKEN WITHOUT THE ADVICE OF LEGAL COUNSEL.