What Is Legal Guardianship?

Legal guardianship is a court-established relationship in which one person (the guardian) is given the legal authority and responsibility to care for another person (the ward) who cannot care for themselves. In Colorado, guardianship may be established for minors or for adults who are incapacitated due to illness, disability, or other circumstances.

Types of Guardianship in Colorado

Colorado recognizes several types of guardianship arrangements, each designed to meet different needs:

Guardianship of a Minor

When a child's parents are unable to care for them, a guardian may be appointed to assume parental responsibilities. This type of guardianship typically lasts until the child turns 18 or until circumstances change.

• Making decisions about education and schooling
• Providing for daily care and supervision
• Authorizing medical treatment
• Ensuring appropriate living arrangements

Guardianship of an Incapacitated Adult

When an adult cannot make decisions about their personal care due to mental illness, developmental disability, physical incapacity, or other conditions, a guardian may be appointed to protect their welfare.

• Making healthcare and medical decisions
• Determining where the ward will live
• Arranging for necessary services and support
• Advocating for the ward's best interests

Full Guardianship

The guardian has authority over all aspects of the ward's personal care and decision-making. This is appropriate when the ward cannot make any decisions independently.

Limited Guardianship

The guardian has authority only over specific areas defined by the court. The ward retains decision-making power in other areas, preserving their autonomy.

Emergency Guardianship

A temporary arrangement when someone faces immediate danger. Emergency guardianships are limited in duration and require a subsequent hearing.

Standby Guardianship

Allows parents to designate a guardian who will take over if the parent becomes incapacitated or dies. This provides peace of mind for parents with serious illnesses.

Guardian Responsibilities

A guardian has significant legal and ethical obligations to the ward:

• Acting in the ward's best interests at all times
• Respecting the ward's expressed preferences when possible
• Maintaining regular contact and involvement in the ward's life
• Ensuring the ward receives appropriate care, food, clothing, and shelter
• Making informed healthcare decisions
• Filing required reports with the court
• Encouraging the ward's independence and self-determination

The Guardianship Process in Colorado

Establishing a guardianship involves several steps:

1. Filing a Petition: An interested person files a petition with the district court explaining why guardianship is needed and who should serve as guardian.
2. Notice to Interested Parties: The proposed ward, family members, and other interested parties must be notified of the proceedings.
3. Investigation: The court may appoint a visitor or guardian ad litem to investigate and report on the situation.
4. Hearing: The court holds a hearing where evidence is presented regarding the need for guardianship and the suitability of the proposed guardian.
5. Court Order: If guardianship is granted, the court issues an order specifying the guardian's powers and responsibilities.
6. Ongoing Oversight: The guardian must file regular reports with the court and may be subject to review hearings.

Rights of the Ward

Even under guardianship, the ward retains certain fundamental rights:

• The right to be treated with dignity and respect
• The right to participate in decisions to the extent possible
• The right to legal representation
• The right to petition for modification or termination of the guardianship
• The right to receive visitors and communicate with others

How We Can Help

Navigating the guardianship process can be complex and emotionally challenging. Our experienced attorneys can help you understand your options, prepare the necessary documentation, and represent you in court proceedings. Whether you need to establish a guardianship, serve as a guardian, or protect your rights as a proposed ward, we provide compassionate and knowledgeable legal guidance.