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Adult guardianship is a legal process used when a person becomes unable to make or communicate decisions about their care. This often involves individuals with cognitive impairments, severe mental illness, dementia, traumatic brain injuries, or developmental disabilities.
Family members may recognize signs that a loved one can no longer manage daily activities safely. That might include forgetting to take medications, missing medical appointments, or becoming vulnerable to financial exploitation. At Durango Family Law in Durango, Colorado, we’re here to help anyone involved in an adult guardianship case. Reach out to us today.
Colorado offers several types of adult guardianship depending on the needs and abilities of the individual. Courts will tailor the arrangement to avoid unnecessary restrictions.
This grants full decision-making authority over personal matters such as housing, medical care, and daily needs. It's appropriate when the adult is unable to make decisions across most areas of life.
This gives the guardian authority over specific areas only—such as medical treatment—while allowing the individual to retain decision-making power in other aspects. Courts often prefer this approach when partial capacity exists.
This short-term option applies when immediate decisions must be made for the individual's health or safety, and there’s no time to go through the full process. According to the Colorado Judicial Branch, courts may appoint an emergency guardian for up to 60 days.
Each type carries its own set of responsibilities, and courts prefer to grant only the authority that’s truly needed.
The process for obtaining adult guardianship begins with filing a petition in the probate court where the individual lives. Colorado law requires specific documentation to support the request.
The person seeking guardianship must submit:
A completed petition form
A recent professional evaluation of the adult’s mental and physical capacity
Notices to relatives and interested parties
A proposed guardian’s acceptance of the appointment form
The court will review the paperwork to determine whether the person in question (called the "respondent") needs assistance. If the petition appears valid, the court schedules a hearing and appoints a court visitor to assess the situation.
Before appointing a guardian, the court must find clear and convincing evidence that the respondent is unable to meet their essential needs without help.
The court visitor, often a social worker or trained professional, interviews the respondent, the proposed guardian, and others who know the situation. They also review the medical evaluation and any other evidence submitted.
In making its decision, the court will consider:
The respondent’s current physical and mental condition
Their ability to understand and make decisions
Whether alternatives to guardianship have been tried
The suitability of the proposed guardian
The judge may also appoint a lawyer to represent the respondent if there's a dispute or concern about their rights.
It's important to distinguish between guardianship and conservatorship. While adult guardianship relates to personal and medical decisions, conservatorship involves financial matters.
Sometimes, a person needs both. For example, someone with Alzheimer's may need a guardian to manage healthcare and a conservator to handle assets and income.
In other cases, one person might be appointed for both roles, or different individuals may serve separately. Courts consider the best interests of the respondent when making those appointments.
Not every guardianship petition goes unchallenged. Sometimes, other family members disagree about whether guardianship is needed or who should serve. In these cases, the court may hold extended hearings and require additional evidence.
Disputes can arise over whether the respondent truly lacks capacity or whether another arrangement, such as a power of attorney, would be more appropriate. Other times, multiple relatives may seek guardianship at once, leading to conflict over who should be appointed.
Once appointed, a guardian has a legal duty to act in the best interest of the individual. That means making decisions carefully and documenting major choices.
Key responsibilities include:
Deciding where the person will live
Consenting to or declining medical treatment
Overseeing daily care and support services
Reporting regularly to the court
Colorado requires guardians to file annual reports detailing the person’s condition, living arrangements, and the actions taken during the year. These updates help courts monitor the arrangement and confirm it’s still necessary and appropriate. Failing to fulfill these duties can result in removal, fines, or legal consequences.
Before filing a petition, it’s important to consider whether a less restrictive option might work. Courts prefer to protect an individual’s rights whenever possible, so they may reject a guardianship request if other legal tools exist.
Alternatives may include:
Medical or financial power of attorney
Living wills and advance directives
Representative payee for Social Security or disability benefits
Supported decision-making agreements
These options can give trusted individuals some authority without taking away all decision-making rights.
Adult guardianship doesn’t always last for life. In some cases, it’s temporary, such as when a person is recovering from a medical event. Courts can terminate or modify guardianship if the person regains capacity or if circumstances change.
For example, a stroke survivor might need a guardian during rehabilitation but recover enough to manage independently. Similarly, limited guardianship may expand or contract depending on the individual’s needs.
Choosing who should serve as a guardian is one of the most significant decisions in the process. Courts give preference to close family members, but will consider others if the individual has no relatives or if a conflict exists.
Qualities the court looks for include:
The ability to act responsibly and communicate well
A history of involvement in the person’s life
No criminal history, particularly involving abuse or neglect
Availability to fulfill the role consistently
In some cases, courts appoint professional guardians—individuals who take on this role for multiple clients. However, the law favors appointing someone who knows the person well and has their trust.
Seeking adult guardianship can be emotionally challenging. It often means acknowledging that a loved one is no longer able to care for themselves. Families may feel conflicted or worry about offending the person involved.
Open communication and sensitivity can help. When possible, involving the individual in discussions may reduce tension and clarify intent. If possible, it's also important for family members to agree on the decision before filing a petition.
Petitioning for adult guardianship in Colorado does involve some costs. These may include:
Court filing fees
Payment for medical evaluations
Compensation for court visitors or guardians ad litem
Legal fees if attorneys are involved
Costs can vary based on the county and whether the case is contested. Some courts may waive or reduce fees for families with limited income. It's helpful to collect documents and evaluations early to avoid delays and extra expenses. In some cases, the individual’s estate may cover these costs if guardianship is granted.
While guardianship provides protection, it also limits a person's ability to make their own choices. That’s why Colorado courts review each case carefully and prefer limited guardianship whenever possible.
Respondents have the right to:
Receive notice of the petition
Attend the court hearing
Be represented by legal counsel
Present their views and challenge the petition
These rights are essential for preserving fairness in the process. A guardian should respect the person’s wishes whenever possible, involve them in decisions, and promote independence to the extent their capacity allows.
Once guardianship is established, Colorado courts continue to oversee the arrangement. Annual reports are required, and courts can request additional updates if concerns arise.
This oversight helps confirm that the guardian is fulfilling their duties and that the arrangement is still appropriate. If the guardian fails to report or is suspected of misconduct, the court may investigate and make changes.
It's important to take the right legal steps. Whether you’re seeking full or limited guardianship, preparation makes a difference. At Durango Family Law, based in Durango, Colorado, we also serve clients in Pagosa Springs, Cortez, Dolores, Silverton, Hermosa, Hesperus, La Plata County, Montezuma County, and San Juan County. Call us today for more information.
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