Guardianship and Conservatorship 101

Updated: Jun 30, 2021

Denver Guardianship & Conservatorship Lawyers

Guardianships and conservatorships in Colorado are mechanisms for obtaining the legal authority to make certain decisions for minors and incapacitated adults. Though similar, guardianships and conservatorships do have some important differences, including the unique legal responsibilities that guardians versus conservators have.

Whenever you need help with a guardianship or conservatorship in Colorado, it’s time to contact a Denver estate planning lawyer at Evans Case, LLP. Our elite team of attorneys has more than 110 years of collective experience, and we represent wards, protected persons, guardians, conservators, and others in various types of cases.

Call (303) 757-8300 or contact us online for a free 30-minute consultation and important answers about your options.

Whether you are looking to set up, modify, manage, or terminate a guardianship or conservatorship in Colorado, we are ready to help you.

Guardianships versus Conservatorships: What Is the Difference?

The key distinctions between guardianships and conservatorships in Colorado lie in the type of oversight and decisions conferred, as well as the specific day-to-day responsibilities that can come with different roles.

Guardianships in Colorado

Guardians are court-appointed individuals who assist with personal affairs, like living arrangements, medical treatment decisions, and personal care matters. While guardians may handle small amounts of money for their wards, a court will generally appoint a conservator for amounts over a specific threshold.

For minors, guardians in Colorado can also be appointed via a will. When wards are minors, guardians can assume the same responsibilities and duties as a parent would have.

Conservatorships in Colorado

Conservators are court-appointed individuals who manage a property, business, and/or financial affairs on behalf of protected persons. Typically, a court will appoint a conservator to provide financial oversight so that an at-risk adult’s assets are not wasted or lost. With this authority, a conservator is required by law to use and manage a protected person’s finances in a way that is responsible and that serves the protected person’s best interests.

Under Colorado law, conservators must be appointed for minors who inherit more than $11,000. In these cases, the minor would take control of the funds when (s)he turns 21, and the conservatorship would typically be terminated.

Who Can Be a Guardian or Conservator in Colorado?

To be a guardian or conservator for an adult or minor in Colorado, you have to be at least 21 years old and file the proper documents with the court (in the district where the ward or protected person lives).

While courts tend to favor close relatives for guardian and conservator roles, friends can also be appointed to oversee wards and protected individuals. In the case of conservatorships, specially trained professionals, like attorneys, can also be selected by the courts to serve in these roles.

We Are Ready to Help You

No matter how you may be a party to a guardianship or conservatorship in Colorado, these arrangements can be complex. To protect your rights and interests at every step, you need an experienced attorney who can advise, guide, and represent you. You need a Denver guardianship and conservatorship attorney at Evans Case.

Call (303) 757-8300 or contact us online for a free 30-minute consultation and important answers about your options.

As a full-service Denver estate planning law firm, Evans Case is home to 5-star lawyers who have extensive knowledge of the law, local courts, and the most effective strategies for helping our clients achieve their goals. Let us tell you more about how we can help you during a no-cost, no-obligation initial consultation.