What’s the Difference Between a Guardian and a Conservator in Colorado?

As a loved one ages or becomes incapacitated due to illness, injury, or cognitive decline, families are often faced with complex decisions about how to protect their well-being and manage their affairs. In Colorado, two of the most common legal tools used to support individuals in these situations are guardianship and conservatorship. Although these roles are related, they serve different functions and require separate legal processes through the courts.

Whether you're caring for an elderly parent, an adult with special needs, or someone recovering from a severe medical condition, knowing the difference between a guardian and a conservator can help ensure the right protections are in place. It can also help you avoid confusion when working with healthcare providers, financial institutions, and the probate court system.

What Does a Guardian Do in Colorado?

A guardian is someone the court appoints to make personal and medical decisions for another adult who is unable to make those decisions themselves. This adult is referred to legally as the “ward.” Guardianship is typically pursued when a person can no longer make safe or informed choices about their own health, living situation, or personal care.

In Colorado, a court-appointed guardian may be responsible for:

The court may grant full or limited guardianship depending on the ward’s condition. Limited guardianship is often used when the individual can still make some decisions but needs help with others. The guardian is required to report regularly to the court, providing updates on the ward’s status and how decisions are being handled. This accountability is in place to protect the ward and ensure their dignity is respected.

What Does a Conservator Do in Colorado?

While a guardian looks after a person’s health and daily life, a conservator is tasked with managing their finances. A conservator is also appointed by the court, but their legal duties are focused solely on financial decisions and the individual’s property. The person in need of help is called the “protected person.”

Responsibilities of a conservator may include:

In many cases, the protected person has lost the ability to make informed financial choices due to dementia, Alzheimer’s, stroke, or developmental disabilities. Colorado courts require conservators to provide detailed financial reports annually or as directed. The conservator has a fiduciary duty to act honestly, responsibly, and only in the protected person’s best interest.

How Are Guardians and Conservators Appointed?

In both cases, the process begins with filing a petition with the appropriate probate court. A hearing will be scheduled to determine if the individual in question is truly incapacitated and in need of legal protection. Evidence may include medical records, evaluations from licensed professionals, and testimony from family or caretakers.

Before making a decision, the court may also appoint a “court visitor” or “guardian ad litem” to investigate and report on the individual’s condition and the suitability of the proposed guardian or conservator. The judge will then decide whether to appoint a guardian, a conservator, or both, depending on the evidence and the individual’s needs.

At Evans Case, we help clients prepare and present thorough petitions to ensure the court has the information needed to make sound decisions. Our goal is to help protect your loved one while also minimizing conflict and stress throughout the legal process.

Do You Need One, the Other, or Both?

Not every situation requires both a guardian and a conservator. Some individuals need help only with daily living decisions, while others need only financial oversight. However, many older adults or incapacitated individuals eventually require both types of support. In these cases, one person may serve in both roles, or the court may appoint two different individuals to serve separately—especially if there are family dynamics, time constraints, or varying areas of expertise to consider.

Here’s a quick breakdown to help clarify:

Whether you're stepping in as an adult child, concerned spouse, or long-time caregiver, it’s essential to assess the whole picture. Financial strain, health concerns, and future planning should all factor into your decision to pursue legal authority.

Call Evans Case Today for Legal Help With Guardianships and Conservatorships

It’s never easy to watch someone you care about lose the ability to make decisions for themselves. But taking timely legal steps can prevent larger issues down the line—such as financial exploitation, medical neglect, or disputes among family members.

Guardianship and conservatorship are serious responsibilities, and Colorado courts take the appointment process seriously. Judges aim to ensure that the appointed person is trustworthy, capable, and acting in the best interest of the individual who needs protection. The process involves legal filings, evaluations, court hearings, and long-term responsibilities, including reporting and compliance with court orders.

That’s why working with experienced legal counsel can be invaluable. At Evans Case LLP, we focus on elder law and estate planning, giving us a deep understanding of the legal tools that protect Colorado families. We’ll walk you through each step, answer your questions clearly, and help you feel confident in the decisions you're making on behalf of your loved one.

If you're unsure which type of support your loved one needs—or if you’re ready to start the guardianship or conservatorship process—contact Evans Case today. We’re here to help you protect the people who matter most.

What Does a Colorado Conservator Do?

In Colorado, Probate Court may assign a conservator to take care of the financial affairs of a person who is seriously ill, injured, incapacitated, or otherwise incompetent.

Conservatorships are typically involuntarily assigned to a “protected person” during “protective proceedings,” due to the person’s legal incapacitation or incompetence.

Under Colorado law, an incapacitated person is defined as “an individual 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.”

An involuntary appointment can be avoided in a number of ways, including advanced estate planning that includes a durable financial power of attorney and/or estate planning documents that identify who you would like to serve as conservator should such an appointment become necessary. Seeking the advice of an estate-planning attorney in Denver can best ensure that your wishes are carried out in the unfortunate event a conservator becomes necessary.

Responsibilities of a Colorado Conservator

Our conservatorship attorneys in Denver can also assist in the appointment of a conservator, as well as make sure such duties are carried out in accordance with Colorado law. In cases where there are disagreements over who should be appointed conservator, or over the management or liquidation of an estate, we can represent one or more parties in probate court. Common issues include:

Once assigned, the job of a Colorado conservator comes with broad financial powers, as outlined under CO Rev Stat § 15-14-425 (2016), including:

With over 40 years of elder law experience, the attorneys at Evans Case LLP are some of the most experienced conservatorship attorneys in the Denver area. We are your local advocates, and will relentlessly fight for the welfare of you and your loved one. Seeking experienced legal help as early as possible in the process is the best strategy as it’s likely to be more effective than challenging the existing orders of the court.

If you are seeking a conservatorship in Colorado, call 303-757-8300 today to speak to a Denver elder law attorney at Evans Case LLP.

How do I protect myself from a Conservatorship?

Conservatorships in Colorado are meant to handle the financial affairs of incapacitated adults, or children who have inherited significant property or other assets. However, several conservatorships forced on celebrity and high-profile adults in recent years have highlighted the issue of adult conservatorships.

Celebrities like Brittany Spears, Amanda Bynes, Casey Kasem, Mickey Rooney, and Zsa Zsa Gabor have brought to light in recent years a number of issues that can occur when a conservatorship is forced upon someone against their will, or when there is disagreement over who should be appointed to control a protected person’s financial affairs.

Conservatorships are often necessary when a person lacks the ability to name a decision-maker for them, where there are conflicts between nominated decision-makers, when there are concerns that someone is inappropriately influencing the incapacitated person, or in the case of a true emergency where a court-appointed guardian or conservator is the only way to get a decision made.

While proper estate planning can make conservatorships unnecessary in many cases, when a person lacks such planning documents and becomes incapacitated due to illness, injury, or mental state, it can be necessary to seek a court-appointed conservator.

Fighting Conservatorship in Colorado

Unwanted conservatorships most often arise when supervision is sought over a person’s financial affairs without their consent, most often as a result of alleged mental incompetence, including substance abuse issues. Common challenges include a request for rehearing on the need for a conservatorship, challenges of the need for a conservatorship or the conditions of conservatorship, placement review hearings, or challenging the loss of certain rights, such as the right to drive.

However, in many cases, the best protection against being forced into an unwanted conservatorship is proper estate planning. Durable financial powers of attorney, durable medical powers of attorney, revocable trusts, and other estate planning tools can help ensure that your wishes are followed and that those whom you wish to handle your affairs are empowered to make such decisions, in the event you become incapacitated.

Contesting Conservatorship Issues in Colorado

A more common scenario than forced conservatorship is issues among family members and loved ones about who is appointed conservator and/or how a conservator is handling a loved one’s financial affairs.

Common conservatorship issues include:

With over 40 years of elder law experience, the Denver conservator attorneys at Evans Case LLP are some of the best guardianship and conservatorship attorneys in the Denver area. They are your local advocates, and will relentlessly fight for the welfare of you and your loved one.

If you are seeking a conservatorship in Colorado, call 303-757-8300 today to speak to a Denver elder law attorneys at Evans Case LLP.

How to get a Conservatorship in Denver

In many cases when a person becomes seriously ill, injured, or incapacitated, the necessary legal documents are not in place to allow for critical medical and financial decisions to be made on their behalf. These documents include a durable medical power of attorney and a durable financial power of attorney.

When these documents are executed by a competent person, they provide a designated agent with the power and authority to make medical decisions and handle the financial affairs of someone who has become unable (or was never able) to make such decisions.

In such cases, guardianship or conservatorship is often necessary. A conservator is assigned to handle the financial affairs of a protected person by managing, preserving, and administering their assets for their benefit. A guardian is empowered to make decisions regarding the health and welfare of the individual, including medical decisions.

Conservatorships and guardianships are often necessary when a person lacks the ability to name a decisionmaker, where there are conflicts between nominated decision-makers when there are concerns that someone is inappropriately influencing the incapacitated person, or in the case of a true emergency where a court-appointed guardian or conservator is the only way to get a decision made.

Establishing Conservatorships and Guardianships in Denver

Guardianship and conservatorship graphicGenerally, conservatorships and guardianships are created in legal proceedings that are initiated to establish an individual’s inability to manage their affairs and result in the legal appointment of someone else to manage them. These are always best handled by a conservatorship attorney in Denver with significant experience in elder law.

Each appointment has different requirements and the probate attorneys at Evans Case LLP can help make sure that your loved ones are properly cared for and protected. We can also help protect you by ensuring that you meet the specified duties of your role as guardian or conservator. In certain cases, you may need help to challenge the appointment of another guardian or conservator. Our experienced estate attorneys can provide assistance dealing with issues related to:

A court proceeding seeking appointment of a guardian or conservator is referred to as a “protective proceeding.” A person alleged to be incapacitated or in need of protection is called the “Respondent” until after an appointment has been made. When a guardian has been appointed, he or she is called a “ward.” When a conservator has been appointed, he or she is called the “protected person.”

A person can be defined as legally incapacitated under Colorado law when “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.”

Those seeking to serve as a guardian or conservator must be 21 years of age or older and file a petition in the district court in the county where the respondent resides. In Denver, such applications are filed with the probate court.

The court first seeks to appoint close family members, which include spouse, adult children, parents, and aunts or uncles. Other relatives or close friends are a second choice. When no close family or friends are available, the court will typically appoint an experienced attorney.

Conservators must submit an inventory with a financial plan within 90 days of appointment and provide annual reports detailing the incapacitated person’s finances. Court permission is typically needed before disposing of significant assets.

The process is similar when seeking a conservatorship of a minor child. However, a conservator is generally required to sell real estate or other titled property and retain the proceeds until a child turns 21. Colorado law requires the court to appoint a conservator if a child inherits an amount of money that is greater than $11,000.

With over 40 years of elder law experience, the attorneys at Evans Case LLP are some of the best guardianship and conservatorship attorneys in the Denver area. They are your local advocates, and will relentlessly fight for the welfare of you and your loved one.

If you are seeking a conservatorship in Colorado, call 303-757-8300 today to speak to a Denver elder law attorneys at Evans Case LLP.