Can I become my parent’s guardian?

On Behalf of | Nov 13, 2019 | Guardianships & Conservatorships |

There often comes a time in life when you start to become the caretaker for your parents. This is a considerable change since up to this point your parents have been your caretaker. However, physical and mental health issues may warrant you taking over as a guardian in Colorado for your ailing parent. This is often the case when a parent has Alzheimer’s disease, which robs him or her of the ability to safely care for and make decisions for his or herself.

The Guardianship Alliance of Colorado explains the court must first find your parent meets the definition of incapacitation. This means that he or she cannot make his or her own decisions or adequately communicate what he or she wants. This inability affects his or her safety and well-being.

When this happens, you can petition for guardianship. You must be over the age of 21. The court will make the final ruling on whether you can be the guardian. Do note that in a case where your parent is not a blood relative or not otherwise legally your parent through adoption or marriage that you cannot serve as his or her guardian if you also provide long-term care for that parent.

Once you are the guardian, you can make decisions for your parent. Keep in mind that you will work under the authority of the court, so you may need to provide the court with documentation and other information as it requests. In addition, if you wish to move with your parent out of the state, the court must permit you to do so.

Having a guardianship is not a blanket approval to do whatever you want. There are specific rules you must follow. If this is what your parent needs for safety, though, it is advisable to take the step to become his or her guardian. This information is for education and is not legal advice.