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Obtaining guardianship of your elderly parent

On Behalf of | Nov 28, 2018 | Firm News |

As your parents age, you begin worrying about their ability to make sound decisions regarding their daily life. You worry that their forgetfulness and naïve awareness places them in health or personal distress.

In the state of Colorado, you have the ability to apply for guardianship of an adult. You and your parent both must meet certain criteria, but the court may grant you the necessary control and ability to securely make basic needs decisions for your parents. Applying for guardianship proves to be a selfless decision to aid your parent as they age.

Becoming a guardian

An application for guardianship includes a variety of criteria consideration. Under Colorado law, guardianship proves sufficient when a person is incapacitated. Incapacitation occurs when a person is unable to effectively receive or evaluate information and lacks the ability to satisfy essential requirements for physical health, safety or self-care.

If you hope to file guardianship of your parent, who the court deems incapacitated, you must:

  • Be 21 years old or older
  • Submit to a criminal history check
  • Submit to a current credit report

Priority standing exists among applicants for guardianship. As a guardian does not need to be blood-related family or reside in Colorado, many individuals may apply. A list of priority includes:

  1. A currently acting guardian
  2. A person named as guardian by your parent
  3. An agent under medical or general durable power of attorney
  4. Your parent’s spouse
  5. You (as a child of your parent)
  6. An adult with whom your parent has resided for more than six months

Your duties and responsibilities

If a court grants you guardianship of your parent, guardianship requires you to see that your parent’s personal needs are met including food, clothing and shelter.

In many other instances, you make decisions regarding:

  • Where your parent should live
  • Your parent’s treatment
  • Evaluate public benefits
  • Transportation and recreation

It proves essential to always keep the best interests of your parent in mind, but applying for guardianship may be the appropriate measure to take when your parent begins to show signs of old age. Taking control of various life decisions could give you and your parent the peace of mind to focus on enjoying their golden years.