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How our Denver Lawyers can Serve You
AREAS OF EXPERTISE
GUARDIANSHIPS & CONSERVATORSHIPS
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.
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.
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."
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.
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