Guardianships and Conservatorships in Denver, CO
Serving Clients in Denver, Colorado Springs, and Beyond
If you notice that a loved one can no longer manage financial decisions or personal care, we can help you navigate the complex issues surrounding guardianships and conservatorships. These legal tools allow you to protect your loved one’s best interests and help with important decisions when they cannot act alone.
A court can appoint you as a conservator or guardian when someone close to you is unable to manage health care or finances. Once appointed, you receive legal authority to handle the affairs of the protected person.
For families in the greater Denver area, conservatorship proceedings take place in the Denver Probate Court, located downtown. Colorado law outlines specific responsibilities for conservators, and local court rules require prompt, accurate reporting to ensure oversight of a protected person's assets. If you encounter unfamiliar requirements, our team can help you meet local court expectations, making sure all necessary filings and accountings occur on time. We also provide guidance about how state rules apply if you live outside the Denver area or if your loved one’s assets span multiple Colorado counties.
As a guardian or conservator, you carry many responsibilities to your loved one and the court. Working with a knowledgeable attorney can help you understand and carry out your legal duties. The award-winning estate planning attorneys at LSTT can assist you in this role. We can also guide you through the process of transferring a guardianship from a different state to Colorado.
Call (719) 689-8767 today to discuss your situation. We welcome clients from Denver, Colorado Springs, Pueblo, Castle Rock, and throughout Colorado.
Guardianship vs. Conservatorship in Colorado
Some states use the terms guardian and conservator interchangeably. In Colorado, the two roles serve different purposes and have specific responsibilities.
A guardian oversees the care, custody, and control of an individual—known as an “incapacitated person” or “ward”—who cannot provide for their own personal needs. The guardian makes decisions that impact the ward’s daily wellbeing and health.
A conservator manages a “protected person’s” estate. This role involves handling the protected person’s financial affairs, including safeguarding assets against misuse and ensuring proper management. Appointing a conservator can help prevent financial exploitation.
In Denver, the court considers evidence such as medical reports and testimony to determine if an individual is unable to manage their finances due to mental or physical limitations. The process begins when you file a petition, notify all interested parties, and attend a hearing. The judge reviews the situation, hears objections if any, and decides whether conservatorship is necessary under Colorado law. Our attorneys can advise you on preparing the documents needed to move efficiently through this process in your local court.
Several considerations may affect whether guardianship, conservatorship, or both are appropriate. Our attorneys will help you understand every option, including the practical and legal responsibilities each role involves.
Sometimes, the individual or other family members disagree about the need for a guardian or conservator. These differences may lead to objections in court. Our legal team approaches these cases with compassion and professionalism to help families reach the best solution possible.
The Conservatorship Process in Denver: Step-by-Step
Understanding the steps in a Denver conservatorship takes much of the uncertainty out of the process. The process starts with filing a petition for conservatorship with the Denver Probate Court. The court notifies interested parties and schedules a hearing to review your request. During the hearing, the judge may hear evidence from medical professionals, review documents, and listen to testimony from family members or other concerned individuals.
The court focuses on whether the person can manage financial affairs or property independently. If the judge grants the conservatorship, you must qualify as the conservator, which usually means passing a background check and taking an oath to act in the person’s best interest. After appointment, you receive formal documents—called Letters of Conservatorship—that give you authority to manage assets and handle financial responsibilities.
The Denver Probate Court requires annual reports and accountings to ensure ongoing protection for the individual. Our team keeps up with updates to court practices and deadlines within Denver County, so you can fulfill each step and stay compliant with local requirements.
Risks & Challenges Unique to Conservatorships in Colorado
While conservatorships provide valuable protection for vulnerable individuals, several risks and challenges may arise. Disagreements sometimes develop about whether a conservatorship is needed or who should serve. These disputes can extend the process and may require a formal decision by the Denver Probate Court.
Managing another person's assets also requires careful recordkeeping and a strong understanding of Colorado reporting rules. Failing to meet required standards can result in court intervention or appointment of a new conservator. Colorado law limits a conservator’s powers to those granted by the court. You need to know exactly what responsibilities you have and avoid actions outside those boundaries.
Issues can become more complicated when a protected person owns property in multiple counties or out of state. Local attorneys are familiar with Denver Probate Court requirements, so you can minimize risk and confidently manage your duties. Keeping records and staying in regular communication with interested family members also helps prevent misunderstandings and unnecessary conflict.
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Avoiding Guardianship or Conservatorship
Thoughtful planning can help you avoid having your assets or person placed in a guardianship or conservatorship. This option may not work for everyone, but it is only possible while you have the capacity to make legal decisions.
Work with our highly-skilled estate planning attorneys to determine the appropriate options for your situation, which may include:
- Establishing advance healthcare directives
- Signing a property power of attorney
- Creating and funding a trust
By taking these steps in advance, you maintain more control over your financial and medical choices. Denver and Colorado Springs residents navigate the same legal framework as the rest of Colorado, though local attorneys can offer insights that meet Denver Probate Court preferences and help avoid delays. If your plan needs to be reviewed by a judge, our guidance takes into account both state laws and the expectations of county probate courts. This approach helps streamline your planning and minimizes stress for your loved ones in the future.
Frequently Asked Questions
How Long Does the Conservatorship Process Take in Denver?
The length of the conservatorship process varies. In Denver, it often takes several weeks to a few months, depending on how quickly you can gather required documentation, schedule hearings, and resolve any disputes among interested parties.
What is the Difference Between Guardianship and Conservatorship in Colorado?
Guardianship usually covers decisions about a person’s daily care and personal needs. Conservatorship refers specifically to someone managing another person’s financial or property matters. Some cases may involve appointing both.
Can a Conservatorship be Changed or Ended in Colorado?
Yes. A conservatorship can be modified or terminated by the court when it is no longer needed, such as if the protected person’s capacity improves or if all assets are spent. The court requires proof that circumstances have changed before making any adjustments.
Call (719) 689-8767 or connect with us online to request a consultation at our Denver or Colorado Springs offices.