Why Every Colorado Parent Needs a Guardianship Plan

Every Colorado parent wants to ensure their child is safe, secure, and cared for—no matter what the future holds. However, while most parents focus on everyday concerns such as school, activities, and health, far fewer take steps to plan for the unexpected. A guardianship plan is one of the most important legal protections a parent can create. Without one, your child’s future could be decided by a judge with no input from you.

As a trusted Colorado estate planning lawyer, Baker Law Group helps parents throughout the state establish legal safeguards that protect their children and provide peace of mind. Here’s why a guardianship plan is essential for every Colorado parent—and how it works.

What Is a Guardianship Plan?

A guardianship plan is a set of legal documents that designate who will care for your minor children if you become incapacitated or pass away. In Colorado, this typically involves naming a guardian in your will or a separate document recognized by the court.

Without a guardianship plan, your children could be placed in foster care temporarily while the court determines who should be appointed as guardian. Even well-meaning relatives may end up in a legal dispute over custody. Creating a guardianship plan helps avoid confusion, conflict, and court delays during an already difficult time.

Why Guardianship Planning Is Crucial in Colorado

1. You Decide Who Raises Your Children

If you don’t name a guardian, the court will choose one. That decision may not reflect your values, your parenting style, or your child’s best interests as you see them. A guardianship plan gives you control over who takes on this important role. You can choose someone you trust, who knows your children, and who shares your beliefs and goals.

2. You Avoid Family Conflict

Even close families can become divided over child custody decisions. If no guardian is named, different family members may petition the court for guardianship—leading to stress, delays, and legal expenses. A clear, legal guardianship designation greatly reduces the risk of conflict and keeps your child out of the middle.

3. You Protect Your Child’s Stability

Losing a parent is traumatic enough. But without a guardianship plan, your child could also face sudden changes in living arrangements, schools, and routines. A guardianship plan helps ensure a smoother transition with someone your child knows and trusts, preserving emotional and environmental stability.

4. You Can Plan for Financial Support

In addition to naming a guardian, you can use your estate plan to set up financial tools that support your child’s future. This might include a trust, life insurance instructions, or a designated custodian to manage your child’s inheritance. A Colorado estate planning lawyer can help you coordinate these elements so your child is both emotionally and financially protected.

How Guardianship Works in Colorado

Naming a Guardian in Your Will

The most common method of naming a guardian in Colorado is through your last will and testament. This is a legally recognized way to state your wishes, and the court gives strong consideration to your choice.

To be valid, your will must be properly executed according to Colorado law. This usually requires:

• You are at least 18 years old and of sound mind

• The will is in writing

• The will is signed by you and witnessed by two people

Once you pass away, the court reviews the will and formally appoints the guardian unless there is a serious reason not to do so.

Temporary or Standby Guardianship

Colorado also allows you to appoint a temporary or standby guardian, which can be useful if you're facing a medical emergency or deployment. This can be done with a written document, often called a standby guardianship designation, which must comply with Colorado statutes.

This option gives you flexibility in planning for both short-term and long-term scenarios.

Court Approval and Oversight

Even with a valid guardianship plan, the court must still approve the guardian appointment. The court’s primary concern is the child’s best interests. If your selected guardian is suitable and willing, the court generally honors your wishes. However, if the proposed guardian is unfit or unwilling, the court may choose an alternative.

Choosing the Right Guardian

Selecting a guardian is a deeply personal decision. A Colorado estate planning lawyer can help guide this process by identifying key considerations, such as:

• Does the person have the physical, emotional, and financial ability to raise your child?

• Do they share your values, parenting style, and goals?

• Will your child feel comfortable and safe with them?

• Are they willing to serve and understand what the role involves?

It’s also important to name a backup guardian in case your first choice is unable or unwilling to serve. You should discuss your decision with the potential guardian to confirm their willingness and prepare them for the responsibility.

Guardianship and Your Broader Estate Plan

A guardianship plan should be part of a larger estate planning strategy. Your overall plan might include:

• Will: Names the guardian and distributes your assets

• Trust: Holds and manages assets for your child’s benefit

• Durable Power of Attorney: Authorizes someone to handle your financial affairs if you're incapacitated

• Advance Directive (Living Will): Lays out medical decisions in case you're unable to communicate

• Life Insurance: Provides financial support for your child’s care and education

Working with a Colorado estate planning lawyer ensures that all these elements work together and comply with state laws.

What Happens Without a Guardianship Plan?

If no legal guardian is named, several outcomes may follow:

• Temporary foster care: Your child may be placed in foster care until the court identifies a suitable guardian

• Family court proceedings: Family members must petition the court, potentially leading to long delays or disputes

• Unintended guardianship: The court may appoint someone you would not have chosen

This uncertainty can be avoided with a clear, valid guardianship plan created in advance.

When Should You Create a Guardianship Plan?

If you’re a parent of a minor child in Colorado, the time to create a guardianship plan is now. Whether you’re just starting a family or have teenage children, it’s never too early to plan for their future. Life is unpredictable—but with the right legal protections in place, you can make sure your child is cared for by the people you trust.

Major life events—such as marriage, divorce, the birth of another child, or a change in your chosen guardian’s situation—are good reasons to review and update your plan.

Talk to a Colorado Estate Planning Lawyer Today

At Baker Law Group, we work with parents across Colorado to create legally sound, customized estate plans. Our team will help you:

• Choose the right guardian for your children

• Draft or update your will to reflect your wishes

• Coordinate financial planning through trusts or custodians

• Understand your options for temporary or standby guardianship

A guardianship plan isn’t just about legal documents—it’s about giving your children a secure future, no matter what life brings.

Ready to protect your family? Contact a Colorado estate planning lawyer at Baker Law Group today to get started.