Colorado Adult Guardianship Attorney

A guardian makes personal and healthcare decisions for an adult who cannot make those choices independently. This includes decisions about medical care, living arrangements, daily needs, safety, and access to services or support. Guardians may also consent to treatment, coordinate caregiving, and ensure the individual receives appropriate medical, psychological, and social support.

Their authority typically does not include financial management unless they also serve as a conservator. A guardian’s role is to promote the ward’s well-being, autonomy, and dignity while making decisions in the least restrictive manner possible, always in the ward’s best interests.

In Colorado, a guardian can be a family member, close friend, or professional guardian, as long as they are at least 21 years old and capable of fulfilling the responsibilities. The court prioritizes individuals with a meaningful relationship with the senior who can best serve their needs. If no suitable person is available, the court may appoint a public guardian or private fiduciary. Guardians must demonstrate honesty, reliability, and a commitment to the senior’s welfare.

A guardianship focuses on personal and healthcare decisions for an adult who cannot manage these matters independently. A conservatorship, by contrast, involves managing the individual’s finances, assets, and property. While guardians ensure safety, medical care, and daily support, conservators handle budgeting, investments, bill-paying, and financial recordkeeping. In some cases, one person may serve in both roles; in others, duties are divided to ensure checks and balances. Colorado courts customize each appointment to the ward’s needs, granting only the level of authority necessary to protect the individual while preserving autonomy wherever possible.

A guardianship appointment begins with filing a petition in probate court, providing medical documentation, and explaining why the senior needs assistance. The court then appoints a court visitor to interview the proposed guardian and the senior, review circumstances, and submit a report. A medical evaluation is typically required. The senior has the right to attend the hearing and express preferences. After reviewing evidence, the judge decides whether guardianship is necessary and, if so, appoints an appropriate guardian.

Yes. Colorado law requires that the senior, known as the proposed ward, have a meaningful opportunity to participate. They may attend the hearing, express their wishes, and contest the guardianship if they disagree. The court must consider their preferences regarding who should serve as guardian and whether less restrictive alternatives — such as a power of attorney or supported decision-making—would adequately protect them.

Guardianship is not automatically permanent. Instead, it continues only as long as the senior requires assistance. The court conducts periodic reviews and requires annual reporting to ensure the arrangement remains appropriate. If the senior’s condition improves — such as through recovery from illness, rehabilitation, or improved capacity —a guardianship can be modified or terminated. Likewise, a guardian may be replaced if they fail to perform their duties adequately.

A guardian is responsible for ensuring the senior’s health, safety, and overall well-being. This includes arranging medical care, selecting appropriate living arrangements, meeting daily needs, coordinating services, and advocating for the individual’s rights. Guardians must act in the ward’s best interests, respect their preferences whenever possible, and use the least restrictive options. They must also regularly communicate with the senior, maintain detailed records, and file annual reports with the court.

When family members disagree, the court evaluates all evidence to determine who is best suited to serve the senior’s needs. Each party may present arguments or propose alternative arrangements. The court may appoint a neutral third-party guardian if conflict is high or if no family member is appropriate. The judge’s priority is always the senior’s well-being, not family preferences or power dynamics. Mediation may help resolve disputes, and attorneys often assist families in presenting their cases effectively.

A guardian in Colorado may make medical decisions on behalf of the senior, including consent to treatment, selecting healthcare providers, and determining appropriate levels of care. End-of-life decisions may also fall within the guardian’s authority, but only if the court grants that power and the decisions align with Colorado law. If the senior has an advance directive or living will, the guardian must follow those instructions. Whenever possible, the guardian must consider the senior’s values, prior statements, and preferences.

Avoiding guardianship is possible through proactive planning. Creating durable powers of attorney for healthcare and finances allows you to appoint trusted individuals to make decisions if you become unable. Setting up a living will, advance directive, or supported decision-making agreement can also reduce the need for court involvement.

Maintaining organized financial and medical records and communicating your wishes clearly to family members helps prevent uncertainty or disputes. Early planning allows adults to retain control over their choices and minimizes the likelihood that a court-appointed guardian will become necessary in the future.

A guardianship proceeding begins when an interested party — often a family member, healthcare provider, or social worker—files a petition with the probate court. The petition must explain why guardianship is necessary and include medical evidence of the senior’s impaired capacity. The court appoints a visitor to interview all parties, assess the situation, and make recommendations. The senior is notified of their right to attend the hearing and to seek legal representation.

Once appointed, a guardian must submit periodic reports — usually annually — describing the senior’s living situation, medical care, mental and physical condition, and overall well-being. These reports must also detail major decisions made during the year and explain how the guardian has fulfilled their responsibilities. The court requires transparency to ensure the guardian remains accountable and the arrangement continues to serve the ward’s best interests. Failure to file required reports may result in court sanctions, removal of the guardian, or additional oversight.

No. A guardian does not have legal authority to create, change, or revoke the ward’s will. Colorado law protects the ward’s estate planning rights, and altering a will requires the individual to possess sufficient mental capacity to make such decisions. A guardian may assist by ensuring the senior receives legal advice if capacity is questioned, but they cannot override or modify testamentary wishes. If disputes arise regarding the will or estate plan, the court may review the situation separately through probate proceedings.

Guardianship ends when the court determines it is no longer necessary, either because the senior regains capacity, passes away, or a less restrictive arrangement becomes appropriate. Guardians may also be removed for misconduct or inability to fulfill duties. Upon termination, the guardian must file a final report summarizing actions taken and the senior’s status. If the ward dies, the guardian’s authority ends immediately, and responsibilities shift to the personal representative of the estate.

The central guiding principle for a guardian’s decisions is always the best interests of the ward. Colorado law requires guardians to prioritize the senior’s safety, health, dignity, and personal values. Decisions must reflect the least restrictive alternative, allowing the individual to retain as much independence and autonomy as possible. Guardians must consider the ward’s past preferences, cultural background, and expressed wishes, even when the ward cannot fully participate in decision-making.