Guardianships and Conservatorships
A guardian is someone who is chosen – either by a court or by being named in a legal document such as a will – to make decisions for someone (generally referred to as the “ward”) who can’t make decisions for him or herself. The types of decisions that a guardian might make include:
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Giving consent to medical care or treatment
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Purchasing or arranging for purchase of such necessities as food, clothes, cars, household items, and other personal items
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Arranging for education
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Managing finances and bank accounts
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When Guardians are Appointed
A guardianship requires that someone act on behalf of and protect the ward during the period of time when the ward is incapable of acting for him/herself. For example, the court may appoint a guardian when a potential ward is incapacitated and can’t make decisions for him or herself because of a mental or physical disability, disease, or addiction to alcohol or other drugs. Taking guardianship of an incapacitated ward is an important responsibility, so it’s crucial to know what powers you may hold as a guardian.
Guardians may be appointed for children as well. When a minor has no adult or other family member to make certain decisions on the minor’s behalf until they reach the age of majority, a court can be asked to appoint a guardian for the minor.
Selection of a Guardian
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A person designated by the ward — by legal document or otherwise — to handle his or her affairs, before the period of incapacity occurred
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A spouse
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Parent(s) or another relative
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A state employee or private person familiar with the ward and the incapacity at issue
Whoever is chosen by the court must be willing and able to perform the duties at hand, and to represent the best interests of the ward. In selecting the guardian, the court considers the prospective guardian’s character, history, physical capacity, and other relevant attributes. A potential guardian’s limited education or financial resources are not disqualifying conditions in and of themselves.
The Colorado guardianship statutes detail the specific duties, responsibilities, and powers of the guardian. These statutes should be examined in order to determine the standards that apply to each situation.