Guardianships and Conservatorships

We provide counsel and representation to clients who are seeking to assist loved ones who are facing incapacity as the result of illness or injury or aging and are no longer able to manage care or financial affairs. In situations where the health and safety and financial affairs are in jeopardy and where there are no advanced directives or power of attorney documents or such documents have failed to serve the intended purpose, Colorado law allows a person to ask the courts for assistance. The courts can then appoint a guardian and a conservator to assist the person who is at risk. Such persons also include minor children who may require the protection and oversight of the courts regarding their personal and financial affairs.

A guardian is responsible for a person’s health, safety and welfare. A guardian may have the authority to make decisions regarding a person’s health care, residence, and education. A guardian can be a family member or a professional.

A conservator is responsible for a person’s financial and legal affairs. A conservator may have the authority to make decisions regarding the management and use of a person’s assets and property.

Some facts about guardianship and conservatorship proceedings:

We represent persons seeking the appointment of a guardian and/or a conservator for a loved one. We also represent persons who are the respondent or the subject of the proceedings to object to the appointment of a guardian and/or conservator. It is always our goal to preserve the rights and maximize the independence of the respondent whenever possible. However, when the protections are found to be necessary, we assist the family to understand the respondent’s needs and to establish the appropriate structure to maximize the respondent’s independence yet ensure the protection of the respondent’s health, safety and financial affairs.

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