When a loved one is unable to make important personal or medical decisions for themselves, families often turn to guardianship as a solution. In Colorado, guardianship is a court-supervised arrangement that grants a guardian the legal authority to make decisions for another person, known as the ward. One of the most common questions families have is, how long do guardianships last in Colorado? The answer depends on several factors, including the age of the ward, the reason guardianship was established, and whether circumstances change over time.
Understanding Guardianship in Colorado
A guardianship is intended to protect individuals who cannot manage aspects of their personal lives due to age, illness, or disability. Guardianship can apply to minors as well as adults, and the duties of the guardian typically include making decisions about healthcare, living arrangements, education, and other personal matters. Unlike conservatorships, which involve financial decisions, guardianships focus on the ward’s daily life and well-being.
Because every case is unique, the length of guardianship varies. Some guardianships end automatically by law, while others continue until a judge determines they are no longer necessary. Families considering guardianship should understand how these timelines work to avoid surprises later on.
Guardianships for Minors
In Colorado, guardianships for minors usually last until the child reaches the age of 18. Once the minor becomes a legal adult, the guardianship automatically ends, and the young adult regains the right to make their own decisions. However, if the minor has a disability that prevents them from living independently, a parent or guardian may petition the court for an adult guardianship before the child turns 18.
Temporary guardianships for minors may also be granted in emergencies. For example, if a parent is hospitalized or deployed in the military, a court can appoint a temporary guardian to care for the child. These arrangements typically last until the parent is able to resume their role or until the court sets a specific expiration date.
Guardianships for Adults
Guardianships for adults can last for varying lengths of time depending on the circumstances. When a person suffers from a long-term illness, dementia, or a permanent disability, the guardianship may remain in place indefinitely. In other cases, guardianships may be temporary, such as when an adult is recovering from a medical condition or accident that limits their ability to make decisions for a short period.
For example, if an individual is in a coma after an accident, the court may appoint a guardian to make decisions until the person regains capacity. Once doctors confirm that the individual can resume making decisions, the guardianship can be terminated. Courts in Colorado prefer the least restrictive option, so they may end a guardianship if it is no longer necessary.
Temporary vs. Permanent Guardianships
Colorado law allows for both temporary and permanent guardianships. Temporary guardianships are usually granted in emergencies and often last no more than six months. They are designed to provide immediate decision-making authority while a longer-term solution is considered. If the situation requires ongoing oversight, the court may then establish a permanent guardianship.
Permanent guardianships, while not truly “permanent” in the sense that they last forever, are intended to remain in effect until the ward either regains the ability to manage their own affairs or until the court decides otherwise. In practice, this often means permanent guardianships last for years, especially in cases involving elderly adults with advanced dementia or individuals with severe disabilities.
When Can Guardianship End Early?
Even when guardianships are set up to last indefinitely, they can end earlier if circumstances change. Some common reasons for guardianship termination in Colorado include:
- Regaining Capacity: If a ward recovers from an illness or injury and can once again manage their own decisions, the court may end the guardianship.
- Expiration of Temporary Guardianship: Temporary arrangements expire automatically at the end of the court’s set time period, unless extended.
- Guardianship is No Longer Necessary: If the reasons for guardianship no longer exist, a petition can be filed to terminate it.
- Death of the Ward: Guardianship always ends when the ward passes away.
- Removal of Guardian: If a guardian fails to fulfill their duties, abuses their authority, or is unable to continue, the court may appoint a new guardian or end the guardianship.
Because guardianship is a significant legal responsibility, the court always retains oversight and ensures that guardianships only last as long as necessary to protect the ward.
The Importance of Legal Guidance
Families often feel overwhelmed when dealing with guardianship, especially when trying to understand how long the process will last. Each case depends on unique facts, and courts carefully review the evidence before making decisions about establishing, extending, or ending guardianship. Working with an experienced attorney can help families prepare the right documentation, understand court requirements, and request modifications when circumstances change.
At Evans Case, our attorneys have extensive experience guiding families through the guardianship process in Colorado. We help you understand what type of guardianship is appropriate, how long it is likely to last, and what steps can be taken to protect your loved one’s rights and best interests.
If you are considering guardianship for a minor child, an elderly parent, or a loved one with disabilities, you do not have to go through the process alone. Contact us today to learn how we can assist you in establishing or modifying a guardianship that fits your family’s needs.
