GUARDIANSHIPS

A Guardian is someone appointed to make medical and other related decisions for another person who is unable to do so on their own. Guardianship is often over a child or an individual who has become incapacitated through age or disability.

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Colorado defines a Guardian as a person lawfully vested with the power and charged with the duty of taking care of an incapacitated person.  This authority can only be granted by a court upon a finding of incapacity.  An incapacitated person is someone who, due to medical reasons, lacks sufficient understanding or ability to make or communicate responsible decisions regarding their own well-being.

 

CONSERVATORSHIPS

Conservators are individuals appointed by a court to manage the estate of another person who is unable to manage their own property and financial affairs.  Unlike a Guardian, the appointment of a Conservator does not require a finding of incapacity - only a finding that "a basis exists for a conservatorship."

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HOW WE CAN HELP

Even the most straight-forward Guardianship or Conservatorship case requires knowledge of the proper pleadings, documentation, notice requirements, evidentiary standards, and procedures to complete the legal process.

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Solem Woodward & McKinley, P.C. regularly handle a full range of Guardianship and Conservatorship cases, from basic and uncontested cases to more complicated matters such as:

  • Defense of a parent or other elderly person who contests the need for guardianship or conservatorship
  • Disputes between family members over who should serve as Guardian or Conservator

  • Disputes between family members – after a Guardian or Conservator’s appointment – over allegations of improper fiduciary and whether or not an individual appointed should be removed
  • Concerns over potential neglect by a Guardian or financial abuse by a Conservator