Elder Law

What is a Guardianship?

Sometimes, when a person does not have a Medical Power of Attorney in place or cannot create a Medical Power of Attorney but needs assistance with decision making and management, a Guardianship can be helpful. Seeking to be appointed as the Guardian for a person is not a quick process, but it can be easier when working with one of our attorneys. If you know a person experiencing cognitive decline or with a diagnosis that causes a person to need assistance, our attorneys can help guide you through the process of determining whether the Guardianship is a good option.

Guardianship is not appropriate in every situation when a person needs assistance with management of life tasks and decision making. In Colorado, the appointment of a Guardian requires that the protected person who the Guardian is appointed to assist be found to be “incapacitated.” Such a finding requires medical evidence to support a finding of incapacity, notice to others, investigation by a Court Visitor, and ultimately, a hearing on whether the appointment of the Guardian is appropriate.

Our attorneys can help you help you understand the options available to help others, including the Guardianship process, so you can go into the legal process with confidence.

What is Conservatorship?

A Conservator is a person appointed by a court to manage the finances of another individual. Although the appointment of a Conservator in Colorado does not require that the protected person to be defined as “incapacitated,” there is still a legal process including notice to others and a hearing on whether the appointment is appropriate.

Again, our attorneys can help you think about whether there are other options available for your loved one.