Guardianship in Denver

In Colorado, a Guardian is an individual appointed by the Court for the purpose of making residential placement, educational and/or vocational decisions and health care decisions for an incapacitated person. The authority of the appointed Guardian can be extraordinary in its scope and must be wielded with the utmost attention to and respect for the protected person’s best interests and personal rights. Considering the particular disabilities and abilities of the person, the Guardian must ensure that the least restrictive means are employed to meet the needs of the incapacitated person.

Guardian Liability in Colorado

A Guardian also must regularly report on the care plan for the person and account for the assets of the person if there is no separate Conservatorship. A Guardian may be personally liable to the person and/or third parties in certain circumstances, including when the relationship is not disclosed, the Guardian is directly at fault for breach of fiduciary duty, or if the Guardian was negligent or acted criminally. In some situations, a Guardian may be held personally liable even though the Guardian’s improper actions were not intentional or grossly negligent.

Legal counsel may be needed to assist in decision-making and assure compliance with requirements of the law and court orders. If you need assistance in becoming a guardian in Denver or elsewhere in Colorado, or need help understanding and complying with the legal requirements for your current appointment, contact our Colorado Guardianship lawyers today.