We provide representation to family members seeking to assist loved ones who are facing incapacitating illnesses, advancing age, or disabilities and who are no longer able to manage finances or care for themselves on their own. It is often in the moment of crisis that failures in, or the absence of, any estate planning documents become known. If this is your situation, Colorado law enables the courts to step in and fill the void by establishing a guardianship or a conservatorship for your loved ones.
A guardian is responsible for a protected person’s well-being; a conservator is responsible for the person’s financial affairs. A court proceeding to seek the appointment of a guardian or conservator is necessary to establish the appointment of a guardian or conservator. A person for whom a guardian has been appointed is called a "ward." A person for whom a conservator has been appointed is called the "protected person."
A guardianship or conservatorship proceeding is dealing with the constitutional rights of those to be protected. Therefore, the alleged incapacitated person is now generally required to be in the courtroom, though with good cause they may be excused. Further, the alleged incapacitated person has the right to examine all witnesses. Emergency appointments generally require a full hearing within 60 days. The alleged incapacitated person is now entitled to an attorney and will receive an attorney simply by asking.
We're committed to finding a solution that meets our clients' needs. This solution should be able to grow and modify with life changes and current needs. We understand that these processes affect the lives of families. Call us today for a free initial consultation with one of our attorneys. We're happy to answer any questions you might have about conservatorships or guardianships and the rights of your loved one.