Guardianship is meant to protect individuals who are unable to make informed decisions on their own due to age, illness, or disability. In many cases, it serves an important purpose by ensuring the vulnerable person receives the care, support, and supervision they need. However, not every guardianship is appropriate, and not every guardian is the right choice.
If you believe a guardianship has been wrongfully established, or the person acting as guardian is unfit, Colorado law gives you the right to challenge it. These situations often involve family members who are concerned about the well-being of a loved one. It may also involve close friends, caregivers, or even the individual under guardianship who feels their rights are being ignored. Understanding when and how to challenge a guardianship is critical if you want to protect someone’s autonomy or ensure they are being cared for properly.
What Is a Guardianship in Colorado?
In Colorado, a guardian is a person appointed by the court to make decisions on behalf of someone who is legally incapacitated. This may involve choices about health care, living arrangements, safety, and day-to-day needs. Guardianships can be established for:
- Children whose parents are unable or unfit to care for them
- Adults with developmental disabilities
- Seniors with dementia or declining mental capacity
The court takes these decisions seriously and generally requires medical evaluations or other evidence of incapacity before granting a guardianship. However, mistakes can still happen. A guardian may be chosen without the full picture, or the arrangement may no longer be appropriate as circumstances change.
Reasons to Challenge a Guardianship
There are several valid reasons to contest a guardianship in Colorado. Not every case involves abuse or fraud. Sometimes, it is simply a matter of the wrong person being appointed or the guardianship no longer being necessary. Here are some of the most common grounds for challenging a guardianship:
- Inappropriate appointment: The person appointed as guardian is not qualified, has a criminal history, or is not acting in the ward’s best interests.
- Changed circumstances: The ward has regained the ability to make their own decisions and no longer needs a guardian.
- Abuse or neglect: There is evidence the guardian is physically, emotionally, or financially abusing the ward.
- Lack of proper notice: Interested parties were not informed of the guardianship proceedings as required by law.
- Conflict of interest: The guardian is benefiting financially or otherwise from the arrangement.
It is also possible to challenge specific decisions made by a guardian, especially if they are placing the ward at risk or failing to follow the court’s orders.
Who Can File a Challenge?
Colorado law allows several types of people to challenge a guardianship. This includes:
- Family members of the ward
- Close friends or neighbors
- The ward themselves
- Medical professionals or care providers
- Adult Protective Services or other state agencies
The person filing the objection must be considered an "interested person" by the court. This usually means someone who has a genuine concern for the ward's welfare, finances, or rights. Even if you were not involved in the original court proceedings, you can still come forward later if you believe the guardianship is harmful or unnecessary.
How to Challenge a Guardianship in Colorado
Challenging a guardianship begins with filing a formal objection in the Colorado probate court where the guardianship was established. This document should clearly explain your concerns, cite any evidence you have, and request that the court review the matter. If you are objecting to a proposed guardianship that has not yet been finalized, you should act as soon as possible. The court will consider your objection during the initial hearing and may deny or revise the petition based on your input. If the guardianship has already been granted, you can still file a motion to:
- Terminate the guardianship entirely
- Remove the current guardian and appoint a new one
- Limit or modify the guardian’s powers
The court may set a hearing date where all parties will have a chance to present their side. You can provide medical records, financial documents, witness testimony, or expert evaluations to support your claim. The judge may also appoint a guardian ad litem or court investigator to assess the situation more thoroughly and submit a report to the court.
Signs That a Guardian May Be Abusing Their Authority
Unfortunately, not all guardians act in good faith. If you suspect the guardian is misusing their power, it is critical to act quickly. Some warning signs of an abusive or negligent guardian include:
- Preventing the ward from speaking with family or friends
- Unexplained changes in the ward’s finances or assets
- Failure to provide proper medical care or living conditions
- Signs of depression, anxiety, or fear in the ward
- Using the ward’s money for personal gain
In severe cases, criminal charges may also apply. You can report suspected abuse to law enforcement or adult protective services in addition to seeking legal removal of the guardian.
Can a Ward Challenge Their Own Guardianship?
Yes. In Colorado, the person under guardianship has the right to request that the arrangement be reviewed or terminated. This often happens when someone’s medical or mental condition has improved, and they believe they are capable of handling their own affairs again. The court may require updated medical evaluations and hold a hearing to determine if guardianship is still necessary. If the judge agrees that the ward is competent, the guardianship can be dissolved, restoring full legal rights to the individual.
How a Guardianship Attorney Can Help
Challenging a guardianship is not just a matter of paperwork. These are emotionally complex cases that involve sensitive family dynamics, legal standards, and high-stakes decisions. An experienced guardianship attorney can help you:
- Understand your legal rights and standing in the case
- Gather the right documents and evidence
- File the appropriate motions or objections
- Prepare for and represent you at court hearings
- Advocate for the ward’s safety and autonomy
Whether you are trying to remove an unfit guardian or prevent a guardianship from being imposed, working with a legal professional gives you the best chance of a favorable outcome.
If you believe a guardianship in Colorado is not serving the best interests of your loved one, contact us today to schedule a consultation. Let our team at Evans Case help you protect the people who matter most.
