Denver Guardianship Attorney
Comprehensive Support for Guardianship Matters
At The Law Office of Stephan E. Uslan, PC, we have been serving the legal needs of families in the Denver area for more than 15 years. During that time, we have seen the legal needs of families change and have the experience to help you navigate the legal process surrounding the care of a loved one.
Our firm helps families with all types of guardianship issues, including:
- Appointment of a guardian for a minor
- Appointment of a guardian for an adult
- Modification of a guardianship
We will help you navigate the guardianship process and make decisions that are in the best interest of the person you are looking to protect.
Protect your loved ones’ future. Get expert advice from a skilled Denver guardianship lawyer. Contact us today by phone at (303) 900-5346 or online to schedule your free consultation.
When Is a Guardianship Necessary?
A guardianship is a legal relationship through which one person, the guardian, is responsible for the personal affairs of another, the incapacitated person. A guardian is appointed by a judge to care for an incapacitated person if that person has become incapable of caring for him or herself. The appointment is made to ensure the incapacitated person's basic needs are met and that their rights and interests are protected.
There are many situations which may necessitate a guardianship. Some examples include:
- A person with Alzheimer's who needs assistance with day-to-day activities
- An elderly person who needs help managing their finances
- A person who has suffered a serious accident and is in a coma
If you are unsure whether guardianship is right for you, our Denver guardianship attorney can help you determine whether it is necessary. We will work with you to make sure all options have been explored and that you are making the best decision possible.
Types of Guardianship in Colorado
- Guardianship of Minor Children
When parents are unable to care for their children, whether due to death, incapacity, or other circumstances, a guardian may be appointed by the court to provide care and make decisions for the child. Guardianship of a minor can be a temporary arrangement or a more permanent one. The court will consider the child’s best interests when determining whether guardianship is appropriate.
- Guardianship of Incapacitated Adults
This type of guardianship is established when an adult becomes incapacitated and is unable to make decisions regarding their personal welfare. Incapacitation can result from a variety of causes, including illness, disability, or injury. The court will appoint a guardian to manage the ward’s personal and healthcare decisions if the ward is unable to do so.
- Temporary Guardianship
In some cases, a court may appoint a temporary guardian to provide care for a child or incapacitated adult for a limited period. Temporary guardianships are often granted in emergency situations where immediate intervention is necessary, such as when a child’s parents are temporarily unavailable or incapacitated.
- Standby Guardianship
A standby guardian is appointed in advance by a person who anticipates becoming incapacitated. This type of guardianship is useful when someone knows they may be unable to care for their child or manage their own affairs in the future. The person appointing the standby guardian must have the legal capacity to do so.
How the Guardianship Process Works
In order to be appointed as a guardian, a person must be declared incapacitated by a judge. The court will appoint a guardian to make decisions on behalf of the incapacitated person. The guardian will work to meet the needs of the incapacitated person, making decisions regarding the person's healthcare, finances, and other matters.
The length of a guardianship varies. Sometimes, a person will regain their ability to make decisions and the guardianship will be dissolved. Other times, the incapacitated person will need a permanent guardian. When this is the case, the court will appoint a permanent guardian to make decisions on behalf of the incapacitated person.
Get Trusted Guidance for Your Guardianship Decisions
An experienced Denver guardianship attorney can help you through the process of appointing a guardian and protecting the rights of the incapacitated person. We will work with you to make sure all options have been explored and that you are making the best decision possible.
Contact us online or call us at (303) 900-5346 to schedule a consultation with a skilled Denver guardianship attorney.
What are the rules for guardianship in Colorado?
In Colorado, a guardian is an individual or entity appointed by the court to care for and make decisions for a person who is unable to care for themselves due to age, incapacity, or other circumstances.
Here are the main criteria and potential candidates who can be appointed as a guardian in Colorado:
- Family Members: A spouse, adult children of an incapacitated individual, a brother or sister or extended family members, such as nieces, nephews, aunts, uncles, or grandparents, may also be appointed as guardians, especially if they have a close relationship with the person in need of care and are deemed suitable to fulfill the role.
- Close Friends: Close friends who have a longstanding relationship with the individual in need of guardianship may also be appointed as a guardian, provided they are capable of fulfilling the duties required.
- Professional Guardians: In some cases, the court may appoint a professional guardian or corporate guardian to manage the care of an individual who has no family members or friends able to serve in this capacity.
- Organizations or Agencies: In some circumstances, an organization or an agency, such as a nonprofit or a care management service, may be appointed as a guardian if they have the necessary resources and experience to care for the individual.
What is the difference between guardianship and conservatorship in Colorado?
While both guardianship and conservatorship involve a person acting on behalf of another, they serve different purposes under Colorado law.
- Guardianship: Guardianship is focused on the personal well-being and care of an individual. A guardian is responsible for making decisions about the ward’s health, safety, education, and overall living conditions. Guardianship is most commonly used for minors or adults who cannot care for themselves due to physical or mental incapacity.
- Conservatorship: Conservatorship, on the other hand, is concerned with managing the financial affairs of the ward. A conservator is appointed to oversee and manage the ward’s assets, income, and property, ensuring that their financial needs are met. Conservatorships are typically sought when an individual is unable to make sound financial decisions due to mental incapacity or other factors.
In some cases, a person may need both a guardian and a conservator, especially if they are unable to care for themselves and manage their finances. The roles can be separate, or the same individual can serve as both the guardian and conservator.
How do you terminate guardianship in Colorado?
In Colorado, guardianship can be terminated or modified if the circumstances that led to the appointment of a guardian change. There are several ways guardianship can be terminated:
- Ward Becomes Capable: If the ward (the individual under guardianship) regains the ability to care for themselves or make their own decisions, the guardian may petition the court to terminate the guardianship. For instance, a minor may become an adult and no longer need a guardian, or an incapacitated adult may regain the capacity to manage their personal care.
- Voluntary Termination: A guardian can request to terminate the guardianship. This usually happens if the guardian feels that they are no longer able or willing to serve in that role. The guardian must file a petition to the court, and the court will review whether it is in the ward's best interests to end the guardianship.
- Change in Circumstances: If there is a significant change in the ward’s condition (for example, if they improve in health or mental capacity) or if the guardian is no longer capable of fulfilling their duties, the guardianship may be modified or terminated by the court.
- Court Decision: If the court finds that the guardianship is no longer necessary or in the best interest of the ward, it may terminate the guardianship. In some cases, a guardian’s actions or neglect could prompt the court to remove them from the position and appoint a new guardian.
In order to terminate a guardianship, a petition must be filed in court. A judge will then review the evidence and determine whether it is in the ward’s best interest to terminate the guardianship. If the court agrees, it will issue an order ending the guardianship.
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Over 40 Years of Experience
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In-depth experience in all matters relating to child custody and divorce
