Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Colorado law, you can seek guardianship for personal care decisions or conservatorship for estate management when an adult lacks capacity. Guardians are responsible for health, housing and daily needs. Conservators handle finances, property and legal affairs.
1. Determine the Proper Proceeding
Review the person’s limitations. Choose guardianship if they need help making personal decisions (C.R.S. § 15-14-301). Choose conservatorship if they cannot manage their assets (C.R.S. § 15-14-601).
2. Prepare and File a Petition
File a petition in the county probate court where the person lives. Include:
- Name, age and residence of the proposed protected person.
- Facts showing incapacity.
- Your relationship and qualifications.
- Proposed guardian or conservator duties.
See requirements in C.R.S. § 15-14-303.
3. Serve Notice
Provide notice to the proposed protected person and close relatives at least 14 days before the hearing. File an affidavit of service with the court (C.R.S. § 15-14-304).
4. Court Visitor Investigation
The court appoints an investigator (“visitor”) to interview the person, review medical records and report on capacity and needs (C.R.S. § 15-14-311).
5. Attend the Hearing
A judge holds a hearing to review the petition, visitor report and any objections. The proposed protected person has the right to counsel or court-appointed lawyer (C.R.S. § 15-14-309).
6. Appointment and Letters of Authority
If the court finds incapacity, it will issue an order appointing the guardian or conservator. The court clerk will issue letters of appointment that you must present when acting on behalf of the person (C.R.S. § 15-14-317).
7. Ongoing Duties and Reporting
Guardians must file an annual report on personal care (C.R.S. § 15-14-322). Conservators file annual accountings for finances and assets (C.R.S. § 15-14-618).
Helpful Hints
- Gather recent medical evaluations to support the petition.
- Talk with the proposed protected person about their preferences.
- Consult court staff or self-help centers for local forms.
- Notify all interested family members to reduce objections.
- Consider a temporary guardianship if urgent decisions are needed (C.R.S. § 15-14-405).
- Keep detailed records of decisions and expenditures.
- Review eligibility for public benefits before managing assets.
- Plan to revisit less restrictive alternatives, such as powers of attorney.