When a person is incapable of giving informed consent and doesn’t have a durable medical or financial power of attorney, or when a minor is without a legal guardian, a guardianship and a conservatorship may be established. A guardianship establishes a guardian over a person’s health care and well being, while a conservatorship establishes a conservator over a person’s estate and financial affairs.
Guardianships and conservatorships are established out of necessity, but the cost of establishing them can impact estate value to varying degrees. Therefore, the best strategy is to avoid guardianships and conservatorships by establishing a durable medical and financial power of attorney, respectively. Conservatorships can also be avoided through the creation of trusts and family limited partnerships.
Although estate planning is preferable to guardianships and conservatorships, if your loved one can’t give informed consent and doesn’t have an estate plan in place, contacting an experienced guardianship and conservatorship attorney is the best way to protect your loved one’s well being and finances during a difficult time.
Colorado Guardianships and Conservatorships: FAQ
Who can serve as a Guardian/Conservator?
Under Colorado law, any competent adult who is 21 or older can serve as a guardian or conservator. However, long-term care providers cannot serve as a guardian/conservator to an adult for whom they provide care unless related to the person by blood, marriage, or adoption.
Concerning Informed Consent, how does Colorado Define “Incapacitation”?
Under Colorado law, a person who is incapacitated and therefore unable to give informed consent is a person “who is unable to effectively receive or evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to satisfy essential requirements for physical health, safety, or self-care even with appropriate and reasonably available technological assistance.”
How Are Conservatorships/Guardianships Established?
Whether for an adult or a child, establishing a guardianship or a conservatorship requires proof that the need for the arrangements exists. In addition, proposed conservators and guardians are evaluated for their fitness for the position. For a full explanation of conservatorship and guardianship requirements, contact a Colorado guardianship and conservatorship attorney at Ellmann P.C. today.
Can Conservatorships/Guardianships be terminated?
Conservatorships and guardianships are terminated by the death of the ward. But they can also be terminated when the guardian or conservator is clearly and convincingly not serving the ward’s best interests.
Can a Guardian/Conservator of an Adult Live in a Different State than the Ward?
As long as a guardian or conservator can be contacted, they can live in a different state than the ward.
Can a Ward Have More than One Guardian?
A ward can have more than one guardian. This is often recommended in the event that one guardian becomes indisposed.
If you’re currently searching for a conservatorship attorney in Colorado, contacting a
guardianship and conservatorship attorney from Ellmann PC will give you the answers you need.