Conservatorships And Guardianships

Unscrupulous relatives, neighbors or health care workers sometimes take advantage of elderly people. Mental capacity and undue influence are serious concerns in these situations. At The Law Offices of M. Kent Olsen, P.C., I help clients prepare the paperwork and medical documentation needed to petition the court. Once a court grants a conservatorship or guardianship, my office continues to provide assistance to the ward. Colorado law requires an annual financial account of the estate.

To discuss how I can assist you in caring for your elderly loved one, please contact a Denver conservatorship attorney and guardianship lawyer at The Law Offices of M. Kent Olsen, P.C. today. I have convenient office locations in Denver, Arvada and Parker.

Difference Between Guardianships And Conservatorships

In Colorado, the court intervenes when an individual cannot safely manage their own life or finances. While often handled together, these roles serve distinct purposes:

• Guardianship: A guardian oversees the ward’s health, care and medical decisions. They use the ward’s assets for support and are not personally liable for expenses.
• Conservatorship: A conservator manages assets, pays bills and protects the estate from financial exploitation.

Identifying the correct role is the first step in protecting your family member’s legal and personal interests.

Colorado Rules And Procedures

Governed by C.R.S. Title 15, Article 14, the legal process to establish these protections generally involves:

• Filing the petition: A formal request is filed in the District Court where the Respondent resides.
• The court visitor: Colorado law generally requires a Court Visitor to interview the Respondent and report to the judge on the necessity of the arrangement.
• The hearing: A judge reviews professional evaluations and evidence. The court only grants the petition if clear evidence proves incapacity and no less restrictive options exist.

These steps ensure necessary court oversight while strictly respecting the individual’s civil rights.

Timelines And Emergency Needs

Standard petitions typically take two to three months to finalize. However, if an individual faces immediate “substantial harm” to their health or finances, my team and I can file for an Emergency Appointment. Under C.R.S. § 15-14-312, these orders can provide protection for up to 60 days.

Creating A Conservatorship

Courts establish conservatorships to name people who can manage someone else’s finances. This happens when evidence shows a person can no longer handle financial tasks. This may be due to health decline or impaired mental function.

As your Denver conservatorship lawyer, I collaborate with medical experts – including geriatricians and mental health professionals – to build the clinical foundation needed for conservatorship petitions. When finances are complicated or assets cannot be accounted for, I partner with CPAs, financial advisors and tax professionals to untangle the situation.

Creating A Guardianship

Typically, guardianships protect the financial and legal interests of a minor. A guardianship provides an adult with the legal authority to manage a minor’s affairs. This is important if a trust fund is involved. It is also vital when a chronic illness creates specific medical needs.

Frequently Asked Questions (FAQs)

Families often have questions about how these court-ordered roles function in daily life.

Who can serve?

Any concerned person or professional may petition. Per C.R.S. § 15-14-310, the court prioritizes existing fiduciaries or those named in a Power of Attorney, followed by spouses and adult children.

Can I avoid court?

A valid Power of Attorney executed before a loss of capacity may make court intervention unnecessary. I can review your existing documents to see if they provide sufficient legal authority.

How long does authority last?

Appointments often last until the ward passes away, but the court can terminate or modify the arrangement if the individual regains capacity.

Contact my office to discuss the specific legal options for your situation.

Securing What Matters Most For Your Family

Guardianships and conservatorships provide essential safeguards for vulnerable individuals’ assets and interests. They are especially critical when older family members reside away from their children, shielding them from predatory people attempting to exploit them financially.

If you have questions regarding conservatorships or guardianships, contact The Law Offices of M. Kent Olsen, P.C. by filling out this contact form or call me at 720-644-1605 to set up an initial consultation. I have offices in Denver, Parker and Arvada, Colorado. I will meet with you in person, providing a comprehensive evaluation of your situation and what should be done to protect your loved one.