When an adult is considered mentally or physically incapable of making their own decisions, then they are often referred to as being incapacitated. In such instances, the courts will often appoint a conservator to look after the financial needs of the individual, while a guardian would typically oversee this person’s physical needs.
You can think of both guardians and conservators as full-time substitute decisions makers.
They assist those whom the courts have considered to be incapable of making responsible decisions on their own.
There are instances when a person can still act in their own best interest in some areas of their lives, just not others. The Court could order such individuals to be under a limited guardianship or limited conservatorship to make decisions on their behalf – but only in the areas in which the incapacitated individual needs help.
In other words, the guardian may exercise only those rights that have been removed from the incapacitated individual and delegated to the guardian.
In a limited guardianship/conservatorship, the guardian/conservator has only those powers granted by the court, whereas a full-time guardian or conservator has all powers available to them under the law.
Colorado law requires the Court to take into consideration the abilities and deficits of the protected person when deciding determining if a limited guardianship and conservatorship is necessary. When requesting unlimited guardianship and/or conservatorship, the petitioner must explain why the protected person meets the standards for full guardianship and/or conservatorship.
The process of determining whether someone needs a limited or full-time guardian or conservator can be complex. If you have been asked to serve in such a role, there is quite a lot of information to grasp.
Hiring the right lawyer to simplify and guide you through the process is of utmost importance.
That’s why we here at Brown & Crona want to help you make the right decisions during this legal process. We have assisted hundreds of clients through it; helping each one of them make the decision that is best for their own unique needs. We would love to get to know your case a little better, too.
To talk to a Colorado guardianship and conservatorship lawyer about your case, call Brown & Crona, LLC at (303) 339-3750 or visit our website.