Greeley Guardianship Attorney
In the state of Colorado, the court has the authority to assign a guardian for individuals who are either minors or deemed incapacitated adults. These individuals are referred to as "wards." An individual who is the subject of a guardianship proceeding is known as the "respondent." The rules governing guardianships vary depending on whether the ward is a minor or an incapacitated adult.
Having a lawyer for a guardianship case in Colorado is highly recommended due to the complex legal processes involved. Guardianship cases require a thorough understanding of the relevant laws, regulations, and court procedures.
A lawyer can assist in preparing the necessary legal documents, such as the petition for guardianship, supporting affidavits, and other required forms. They can represent you in court proceedings, presenting your case effectively and advocating for your interests. They have experience handling guardianship hearings, providing arguments, examining witnesses, and addressing legal challenges.
At Peek Goldstone, LLC, our experienced guardianship lawyers can provide all the above services to help you seek or contest guardianship in Greeley, Erie, and the surrounding areas.
Reserve your confidential consultation with a Greeley guardianship attorney by calling us at (970) 352-8611. You can also contact us online.
What are the Types of Guardianships in Colorado?
Limited and emergency guardianship are two distinct types of guardianships with specific purposes.
Limited Guardianships
A limited guardianship is established when a court determines that an individual is partially incapacitated and unable to manage some aspects of their life but still retains certain rights and abilities. In limited guardianship, the court grants the guardian authority over only specific areas of the person's life where they require assistance or support.
The scope of limited guardianship can vary based on the individual's needs. For example, the court may grant the guardian decision-making authority in areas such as healthcare, finances, or housing, while allowing the person to retain decision-making power in other aspects of their life.
Limited guardianship aims to balance protecting the individual's rights and autonomy while providing necessary support or protection in specific areas where they are deemed incapacitated.
Emergency Guardianships
An emergency guardianship is a temporary measure put in place when there is an immediate need for a guardian to act on behalf of an individual due to urgent circumstances. Emergency guardianships are typically granted when there is a risk to the person's health, safety, or well-being and insufficient time to follow the regular guardianship process.
The basis for emergency guardianship is an imminent threat or danger requiring immediate intervention. It may be granted without a full hearing or notice to interested parties, but it is subject to subsequent review by the court.
Emergency guardianships are designed to provide expedited decision-making authority to protect the individual from harm until a more comprehensive evaluation and determination regarding a long-term guardianship arrangement can be made.
If you are considering seeking guardianship for a loved one or need assistance navigating the complex guardianship process in Colorado, it is important to consult with experienced Greeley guardianship attorneys who can guide you through every step of the legal proceedings.
What is Guardianship for Incapacitated Adults?
According to the Colorado Probate Code, an incapacitated adult is an adult who lacks the ability to receive or evaluate information, make decisions, or communicate effectively. This inability extends to a point where the individual cannot meet essential physical health, safety, or self-care requirements, even with appropriate and reasonably available technology.
Determining incapacity requires a functional analysis and should not be solely based on a specific diagnosis, although the court will consider such information. The critical consideration is whether the person can decide in their best interest regarding their affairs. For instance, if an adult has been diagnosed with mild dementia but can still make sound decisions regarding their personal affairs, they would not require guardianship, and a guardian would not be appointed.
What is Guardianships for Minors?
A guardian for a minor is appointed to make decisions on behalf of a child who is under the age of 18. On the other hand, a guardian for an incapacitated adult is appointed to make decisions for an adult who has been deemed legally incapacitated by the court due to physical or mental limitations.
The guardianship of a minor automatically ends when the child turns 19 years old. A guardian for a minor typically has broader decision-making authority, including decisions related to education, healthcare, and general welfare. Guardianships for children often require regular reports to the court.
Both guardianships are subject to court oversight, but the level of scrutiny may vary. The legal requirements and responsibilities for guardianship can vary based on individual circumstances and court decisions.
Who Can Be a Guardian in Colorado?
Any person concerned about an adult’s well-being can file a guardianship case and potentially become a guardian. The court has the authority to appoint a guardian for a minor or an adult. Generally, any person who is 21 years or older may be appointed as a guardian.
It is important to have a Greeley guardianship attorney to advocate for the rights of the ward while also ensuring that their care is in the hands of a responsible and compassionate guardian.
What Is the Difference Between a Guardian & a Conservator in Colorado?
Colorado makes a distinction between a guardian and a conservator.
According to the Colorado Probate Code, a guardian is appointed by the court to make decisions regarding a ward’s personal affairs and well-being. This includes decisions related to healthcare, living arrangements, and other personal matters. The guardian must act in the ward’s best interests and meet their physical and emotional needs.
The court appoints a conservator to handle financial matters on behalf of a “protected person.” The conservator is responsible for managing the protected person's assets, paying bills, making investments, and handling other financial transactions. They ensure that the protected person's financial affairs are managed properly and in their best interests.
Sometimes, the court may appoint the same person to serve as both the guardian and conservator if it is deemed necessary and in the protected person’s best interests.
What are the Responsibilities of a Guardian in Colorado?
Becoming a guardian comes with significant responsibilities. A Greeley guardianship lawyer can explain these duties in detail, helping you to understand what is expected of you as a guardian. These responsibilities include:
- Providing for the Ward’s Needs: A guardian is responsible for ensuring that the ward has access to food, shelter, and clothing, as well as any necessary medical care. This includes making decisions regarding healthcare, such as authorizing treatments or surgeries, if necessary.
- Managing Finances: The guardian is also responsible for managing the ward’s finances, including paying bills, managing investments, and ensuring that the ward’s property is protected. Guardianship may include the management of both personal property and real estate.
- Ensuring Well-being: A guardian must act in the best interest of the ward at all times, providing emotional and social support, ensuring safety, and protecting the ward from abuse or neglect.
- Reporting to the Court: Guardians are required to submit regular reports to the court, detailing the ward’s condition, health, and financial status. These reports are essential to ensure that the guardianship is functioning properly and in the best interest of the ward.
- Following the Court’s Instructions: The court may impose specific guidelines or limitations on the guardian’s powers, and it is critical for the guardian to follow these instructions to avoid legal consequences.
What is the Guardianship Process in Colorado?
The process of establishing guardianship in Colorado begins with the filing of a petition in the appropriate court. This petition must include detailed information about the ward, the reason guardianship is needed, and the qualifications of the proposed guardian. A Greeley guardianship attorney can assist in drafting and filing the petition, ensuring that all required documents are submitted correctly and in a timely manner.
Once the petition is filed, the court will schedule a hearing. This hearing is an opportunity for the petitioner, the proposed guardian, and other interested parties to present evidence to the court. The court will review the evidence, and the judge will determine whether guardianship is warranted. In cases involving incapacitated adults, the court may require an evaluation by medical professionals or other experts to determine the individual’s capacity to make decisions.
After a hearing, the court may appoint a guardian and issue an order of guardianship. The guardian will then be responsible for making decisions in the best interest of the ward. However, it is important to note that guardianship is not an absolute power, and the guardian’s decisions are subject to oversight by the court. The guardian must regularly report to the court regarding the ward’s well-being and financial affairs, ensuring that the guardianship arrangement remains in the ward’s best interests.
How to Terminate or Modify Guardianship?
While guardianship is designed to be in place for an extended period, there are situations where the arrangement may need to be modified or terminated. For example, if the ward’s condition improves and they regain the ability to make decisions for themselves, the guardianship may be terminated. Additionally, guardianship may be modified if the guardian is no longer able to perform their duties effectively or if the ward’s needs change.
A Greeley guardianship lawyer can assist with petitioning the court for a modification or termination of guardianship, providing representation to ensure that the best interests of the ward are maintained at all times. The court will carefully review any request for modification or termination, and a thorough legal process will be followed to ensure that all parties are treated fairly.
Turn to Peek Goldstone, LLC for Experienced Guardianship Representation
Our firm has been a stable resource for individuals and families in Greeley, Erie, Weld, and Boulder counties for decades.
If you need legal assistance with any aspect of guardianship or conservatorship, we can help. Representation from one of our team provides peace of mind and legal experience and increases the likelihood of a successful outcome in these cases.
Call (970) 352-8611 or reach out online for legal help today from our guardianship lawyers in Greeley and Erie.
