The legal definition of a protected person in Colorado is:
- A person under age 18 (a minor) if the parents are deceased, absent or incapable of fulfilling their parental duties
- A person who has become incapacitated due to physical or mental disabilities
An individual which meets these standards and has financial assets held in his or her name may need to have a court-appointed conservator named to help the protected person manage their financial affairs and property. The conservator can have varying levels of control over the protected person’s assets, depending on the person’s age, mental capacities and physical abilities. In certain situations, the conservator may also serve as a guardian and take on the added responsibilities of caring for the protected person’s well-being including medical care, living arrangements, basic necessities, education and social involvements.
Protected persons have certain rights for privacy and access to records and documents. They should be able to speak their minds on issues surrounding their lives (including sharing concerns over the person appointed to protect them) if they are mentally able to do so. The conservator does not immediately take over all decisions in most cases.
If you have a loved one or friend who may need protection, the Denver estate planning attorneys at Brown & Crona, LLC can help. To learn more about the protected person legal definition or to hire a Denver conservatorship lawyer, please contact us at (303) 339-3750 or send us a message online.