When a loved one is unable to make decisions for themselves, whether due to age, disability, or incapacitation
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When a loved one is unable to make decisions for themselves, whether due to age, disability, or incapacitation, establishing a legal guardianship can provide much-needed protection and support. But not just anyone can take on this important role. In Colorado, becoming a legal guardian comes with strict eligibility requirements and significant responsibilities. Understanding these requirements is essential if you're considering stepping into this role, or if you’re trying to ensure your loved one is protected by the right person.
A qualified Denver guardianship lawyer can guide you through this complex process and ensure everything is handled legally and with care. Below, we’ll explore who is eligible to become a guardian in Colorado and what the role entails once appointed.
A legal guardian is a person or entity appointed by the court to make personal and/or medical decisions for another individual, known as the “ward” or “protected person.” This person may be a minor child without suitable parental care or an adult who is incapacitated and unable to make decisions for themselves.
Guardianship is different from conservatorship, which involves managing someone’s financial affairs. In many cases, a person may need both a guardian and a conservator, though the same person can sometimes fulfill both roles.
Colorado law outlines several criteria for individuals who wish to serve as a guardian. Generally, the court will consider the best interests of the ward when determining whether someone is eligible.
1. Age Requirement
To serve as a guardian, you must be at least 21 years old. Colorado law does not allow minors to serve in this role, even with parental or court consent.
2. Mental Competency
You must be of sound mind. Individuals with mental incapacity or significant cognitive impairments themselves may not be eligible to serve as guardians.
3. Criminal History
A criminal background check is typically required. A felony conviction—especially for a crime involving violence, dishonesty, or abuse—can disqualify a person from serving as a guardian. However, each case is evaluated on an individual basis, and a Denver guardianship lawyer can help present mitigating factors to the court if necessary.
4. Willingness and Ability to Serve
You must be willing and able to carry out the duties of a guardian. This includes being physically capable of handling the day-to-day needs of the ward, as well as emotionally and mentally prepared for the responsibility.
5. Relationship to the Ward
While guardians are often family members, they don’t have to be. Friends, professionals, or other trusted adults can serve as guardians. In some cases, nonprofit organizations or government agencies may be appointed if no suitable individual is available.
When multiple people seek guardianship over the same individual, the court considers a priority list established by Colorado law. The court generally gives preference in the following order:
A person nominated by the ward (if the ward had the capacity to do so prior to incapacitation)
A person nominated in a durable power of attorney
A spouse or partner
An adult child
A parent
A relative with whom the ward has lived
Any other interested person
Ultimately, the court's primary concern is the best interest of the ward. Even someone with legal priority can be passed over if the court finds another person better suited to serve.
Serving as a guardian comes with legal obligations. Once appointed by the court, you are responsible for making decisions on behalf of the ward that support their health, safety, and well-being. Some of the key duties include:
1. Providing for Daily Needs
Guardians must ensure the ward has access to food, shelter, clothing, and appropriate medical care. This includes choosing a safe and supportive living environment.
2. Making Medical Decisions
Guardians are authorized to make decisions about medical care, including routine checkups, treatment for illnesses, and, in some cases, end-of-life decisions.
3. Educational and Social Decisions
For minors or individuals with developmental disabilities, guardians may also be responsible for educational decisions, including school enrollment and special education services. Encouraging social and recreational activities is also part of the guardian’s role.
4. Legal Reporting
Guardians must report regularly to the court, usually on an annual basis. These reports outline the ward’s condition, living situation, and how the guardian is fulfilling their responsibilities.
5. Acting in the Ward’s Best Interests
Above all, a guardian must act in the ward's best interests. This includes avoiding conflicts of interest, managing personal biases, and seeking court approval for major decisions when required.
Yes. If a guardian fails to meet their responsibilities, engages in misconduct, or if the ward or another interested party petitions the court, the guardian can be removed. A court hearing will be held to evaluate the situation. In some cases, guardianship may also be terminated if the ward regains capacity or no longer requires assistance.
The guardianship process in Colorado can be complex, emotional, and legally challenging. Whether you’re seeking guardianship for a loved one or need help navigating a contested appointment, a Denver guardianship lawyer can be an invaluable ally.
A knowledgeable attorney can help you:
Determine your eligibility and prepare the necessary documentation
Represent you in court hearings
Handle disputes among family members
Ensure compliance with annual reporting and legal obligations
Avoid common pitfalls that can delay or derail the process
By working with a lawyer who understands the intricacies of Colorado guardianship law, you’ll have peace of mind knowing that your loved one’s best interests are protected every step of the way.
Becoming a legal guardian is a serious commitment—one that can make a profound difference in someone’s life. If you believe you’re eligible and ready to take on the role, it’s important to understand both the qualifications and the duties involved. Partnering with a Denver guardianship lawyer ensures that the process is handled correctly, compassionately, and in the best interest of the person you’re trying to protect.
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