Adult Guardianship Attorneys in Durango, Colorado

Adult guardianship is all about providing support and protection for those who can’t make informed decisions about their personal and financial matters. In Colorado, there’s a clear process laid out by state law that guides how guardianship is established. 

This process covers the roles and responsibilities of guardians, the rights of the individuals (or wards) involved, and the steps needed to start guardianship. 

At Durango Family Law, our attorneys will walk you through the process of adult guardianship, how it all works, what guardians do, and the rights that individuals under guardianship have. Located in Durango, Colorado, our skilled family law attorneys serve clients in the surrounding areas. Reach out today to schedule a consultation.

Guardianship in Colorado

In Colorado, guardianship is defined as a legal relationship where a court appoints an individual (the guardian) to make decisions for another adult (the ward) who's incapable of managing their personal or financial affairs. 

Guardianship can be limited to specific areas, such as health care or financial matters, or it can be comprehensive, giving the guardian full control over the ward’s personal and financial decisions.

Relevant Statutes

The primary statutes governing adult guardianship in Colorado can be found in the Colorado Revised Statutes (C.R.S.), specifically under Title 15, Article 14. These statutes outline the procedures for appointing guardians, the rights of wards, and the duties of guardians. Some of the key provisions include:

• C.R.S. § 15-14-101: This section defines the terms related to guardianship, including the distinction between guardianship and conservatorship (the latter typically refers to financial management).

• C.R.S. § 15-14-204: This provision outlines the criteria for determining incapacity, requiring that a person must be unable to make informed decisions due to mental or physical impairments.

• C.R.S. § 15-14-309: This section addresses the powers and duties of guardians, emphasizing that they must act in the best interests of the ward.

The Guardianship Process

The process of establishing guardianship in Colorado typically begins when a concerned family member, friend, or professional files a petition with the court. This petition must include specific information, such as:

1. Identification of the ward: The petition must clearly identify the individual who requires guardianship and provide details about their incapacity.

2. Proposed guardian: The petition should state who's being proposed as the guardian, along with their qualifications and relationship to the ward.

3. Medical evidence: Supporting documentation, including medical records or evaluations, may be required to demonstrate the ward’s incapacity.

4. Notice requirements: The petitioner must provide notice to the ward (if they're able to understand) and to close family members, making sure that interested parties are informed of the proceedings.

Court Hearing

Once the petition is filed, the court will schedule a hearing. During this hearing, the petitioner must present evidence of the ward’s incapacity and demonstrate that guardianship is necessary. The following aspects are typically covered:

• Testimony from medical professionals: Professionals may testify about the ward’s condition and ability to make decisions. Their knowledge can help the court understand the specific challenges the ward faces in managing their affairs.

• Witnesses: Friends, family, or professionals who have interacted with the ward may provide insight into their capacity. These personal accounts can highlight the ward's strengths and any areas where they may need additional support.

• Ward’s wishes: If possible, the court will consider the ward’s preferences regarding guardianship. This helps make sure that the ward's voice is heard and respected in the decision-making process.

Guardianship Requirements

There are specific requirements to become an adult guardian in Colorado. Generally, a proposed guardian must:

1. Be an adult: The guardian must be at least 21 years old.

2. Be suitable: The court will assess the suitability of the proposed guardian, considering factors such as their relationship to the ward, ability to act in the ward’s best interests, and any potential conflicts of interest.

3. Undergo background checks: While not always mandatory, the court may require background checks to help make sure the proposed guardian has no history of abuse or neglect.

4. Complete the required documentation: The proposed guardian must file specific forms and documents with the court, detailing their qualifications and the reasons why guardianship is necessary.

5. Be willing to act: Guardians should be committed to fulfilling the responsibilities that come with the role, including making decisions in the ward's best interests and maintaining regular communication with the court.

Meeting these requirements helps make sure that the guardianship process is carried out thoughtfully and responsibly.

Court Decision

After reviewing the evidence, the court will make a determination regarding the necessity of guardianship. If the court finds that the ward is incapacitated and that guardianship is appropriate, it'll issue an order appointing the guardian. 

The court may also outline the specific powers granted to the guardian, which can be tailored to the individual needs of the ward.

Responsibilities of Guardians

Once appointed, guardians assume significant responsibilities. Their duties may vary based on the terms of the court order, but generally include:

1. Decision making: Guardians are responsible for making decisions regarding the ward's health care, living arrangements, and daily needs. This may involve consulting with medical professionals and advocating for the ward’s preferences when possible.

2. Financial management: If the guardian is also appointed as a conservator, they'll manage the ward’s financial affairs, including paying bills, managing assets, and making sure that the ward’s financial needs are met.

3. Reporting: Guardians are often required to provide regular reports to the court, detailing the ward’s condition and the decisions made on their behalf. This helps make sure that guardians are acting in the best interests of the ward.

4. Fostering independence: Guardians are encouraged to promote the ward's autonomy and independence as much as possible, allowing them to participate in decisions to the greatest extent feasible.

Rights of Wards

Individuals under guardianship retain certain rights, which are protected by Colorado law. These rights include:

1. Right to due process: Wards have the right to a fair hearing before a guardianship is established, including the opportunity to contest the petition.

2. Right to participate: Wards have the right to be involved in decision-making processes, especially regarding personal matters, as long as they're able to understand and communicate their wishes.

3. Right to legal representation: Wards are entitled to have legal representation during guardianship proceedings and may request a court-appointed attorney if they can't afford one.

4. Right to an appeal: Wards can appeal the court's decision if they believe that the guardianship is unwarranted or if their rights are being violated.

Alternatives to Guardianship

In some cases, guardianship may not be the best solution for an individual’s needs. Colorado law recognizes several alternatives that can help support individuals without the need for full guardianship:

1. Power of attorney: A durable power of attorney allows individuals to designate someone to make decisions on their behalf while they're still capable of doing so. This can be a flexible and less restrictive alternative to guardianship.

2. Supported decision-making: This approach involves providing individuals with support and assistance in making their own decisions rather than taking away their decision-making rights entirely.

3. Representative payee: For individuals who have difficulty managing Social Security or other government benefits, appointing a representative payee can help make sure that funds are managed responsibly without requiring full guardianship.

4. Trusts: Establishing a trust can help manage assets without the need for a guardian, allowing individuals to maintain control over their financial affairs while still receiving necessary support.

Adult guardianship in Colorado serves an essential role in protecting individuals who are unable to make informed decisions due to incapacity. While the guardianship process involves legal complications, it's fundamentally aimed at promoting the well-being of vulnerable adults.