A protective proceeding is a legal process in which an individual is selected by the courts to ensure that an incapacitated person or minor’s life or property is managed when that person is unable to do so due to age and/or functional or cognitive abilities.
- Guardianship protective proceedings appoint a person to handle health and welfare
- Conservatorship protective proceedings appoint a person to handle assets
Under these umbrella terms, there can be different types of guardianships and conservatorships, depending on the urgency of the situation or unique circumstances.
When a petition for guardianship or conservatorship appointment has been filed with the courts (adult cases only), a non-biased and paid court visitor will be arranged by the court to personally observe the appointee, conduct interviews, collect information and report back to the court to ensure the right person has been chosen for this important role. If the court visitor does not feel the person appointed is acting in the best interests of the protected person, the court may enforce changes.
The Denver estate planning lawyers at The Brown Law Firm, LLC, are available to help you understand how conservatorships and guardianships in Colorado work and how you can bypass court intervention by naming individuals in writing to these roles in advance of becoming incapacitated. There are also other ways to protect yourself and your property including living trusts, powers of attorney, health care directives and more. The right legal documents will depend on your own unique situation.
To learn more about your estate planning options in Denver, contact The Brown Law Firm, LLC, to arrange an appointment: (303) 339-3750 or visit our website.