Guardianship and conservatorship are very serious events for anyone. If you have an elderly parent or relative, and you are concerned with their decision-making ability, you should discuss taking this step before a crisis develops.
When an adult is suspected of being unable to make decisions in their own interest, a Colorado district court (probate court) may grant authority for decision-making to another, known as a guardian or a conservator.
Do You Need A Guardianship Or Conservatorship?
At The Law Firm of Bruce A. Danford, LLC, we provide clients with personalized and professional representation in guardianship and conservatorship cases. Our attorney has extensive experience in these sensitive and often emotionally charged situations, and our firm understands how to help families with these matters.
Adult guardianships have two potential aspects: Guardianship of the person and conservatorship (also known as guardianship of the property).
Guardianships: Care And Custody
When facing the possibility that you may need to seek a guardianship over a loved one, many adult children find it difficult to reverse roles and become the caregiver for their parent. A guardianship is necessary to protect an elderly parent and ensure they are safe.
The need for guardianships may arise when:
- Your loved one becomes incapacitated, which is to say he or she is not able to make sound decisions regarding finances or personal welfare
- You need to obtain decision-making authority for a dependent (a minor or a dependent adult)
- You suspect financial or physical abuse of a person who is under the guardianship of another
Conservatorships: Assets And Finances
While a guardianship protects the person, a conservatorship protects their assets. A conservatorship may be necessary when someone suffers from an incapacity like dementia, where they can be easily confused and manipulated. There are too many incidents where elderly individuals have their life savings looted by unscrupulous individuals, sometimes including their children or relatives. A guardianship may also be necessary for a child with a disability.
If your loved one is determined to be mentally incapacitated and has assets that need protection, the court will appoint a conservator to manage those assets. In some cases, the conservator may be the same person as the guardian, but it is not necessary. The court conducts an annual review of the management of the ward’s estate.
In most cases, a family member will seek our help establishing conservatorship for a parent or another family member. In other situations, our firm might serve as conservator.
We understand that these are sensitive issues, and our firm is dedicated to doing all we can to help families find the best solutions possible in their particular situation.
Contact Our Firm
For more information or to discuss appointment of a guardian or conservator with a lawyer, call our office today. Our firm has been helping clients throughout the northern Denver metro area for years. Call our Broomfield office at 303-410-2900 or use our online form.