Family relationship alone does not give you the right to make decisions for another adult. That authority comes from a court order. We help you petition for it, prove what the court needs to see, and stay compliant once you are appointed.
A Colorado guardianship lawyer steps in when someone can no longer make safe decisions and no power of attorney is in place. Hospitals stop sharing information. Banks freeze accounts. Care facilities need someone with authority to sign. At Flatiron Legal Advisors, we handle guardianship and conservatorship petitions across Colorado, including emergency filings and contested cases.
Both proceedings fall under the Colorado Probate Code and are filed in district court, or in Denver Probate Court for the City and County of Denver.
Guardianship covers the person. A guardian decides where someone lives, consents to medical care, and manages daily needs like food, clothing, and services.
Conservatorship covers the money. A conservator collects and manages income and property, pays bills, and protects assets.
Many families need both. Some need only one. Some need neither, because a limited court order or a less restrictive tool will do the job. We tell you which situation you are in before you spend money filing.
A Colorado court can appoint a guardian only after finding, by clear and convincing evidence, that the person is incapacitated and that their needs cannot be met by less restrictive means, including reasonably available technology.
Once you file, the court appoints a visitor to interview the respondent, meet the proposed guardian, and report back. The respondent has the right to a lawyer and to attend the hearing. C.R.S. § 15-14-310 sets the priority order for who may serve.
When waiting would cause substantial harm, C.R.S. § 15-14-312 allows the court to appoint an emergency guardian whose authority lasts no more than 60 days. The court appoints a lawyer for the respondent right away. A temporary substitute guardian can be appointed for up to six months when an existing guardian is not acting.
A conservator is appointed when someone cannot manage property and financial affairs effectively and assets will be wasted or needs will go unmet without help. The role comes with real accounting duties.
Colorado allows a narrower fix. Under C.R.S. § 15-14-412, a court can authorize a protective arrangement or a single transaction, such as selling a house or settling a claim, without appointing a conservator at all. When that works, it saves the family years of reporting.
Parents can appoint a guardian for a minor by written instrument, and courts can appoint one when no parent is available to act. Conservatorship for a minor comes up most often when a child receives an inheritance or an injury settlement that needs managing until adulthood.
We look for the least restrictive option first. Taking away someone’s decision-making rights is serious. If a medical power of attorney, a representative payee, or a single transaction order solves the problem, we say so.
We handle contested cases. Families do not always agree on who should serve or whether anyone should. We litigate appointment disputes, removals, and objections.
We stay with you after appointment. Reporting, accountings, modifications, and termination are all part of the job. Our probate and estate planning teams work together on the full picture.
Jasmina Memic has more than ten years of legal experience and significant work representing parties in guardianships, conservatorships, adoptions, and protection orders.
Ms. Memic has litigated complex custody, divorce, child support, personal injury, and breach of contract cases. She received her Juris Doctorate from Ave Maria School of Law, a Master’s degree in Global Finance and Trade from the University of Denver, and a Bachelor’s degree in Political Science, Economics, and Spanish from the University of Colorado.
She is a member of the Colorado Bar Association Family Law and Business Law Sections and the Colorado Trial Lawyers Association.
If a parent, spouse, adult child, or client is no longer safe making their own decisions, waiting rarely helps. Schedule a confidential consultation and we will tell you which order you actually need and how fast we can get it.
Not always. If the person has few assets and income that is already managed, guardianship alone may be enough. If they have property, investments, or a home to sell, a conservatorship is usually needed too.
Courts can act quickly when there is a genuine risk of substantial harm. Emergency authority is capped at 60 days, so the permanent petition needs to be moving at the same time.
Often, yes, if planning happened in advance. A medical power of attorney, financial power of attorney, and advance directive can cover most of the same ground without a court case. Once capacity is gone, those documents can no longer be signed.
Colorado sets a priority order, but the court is not bound by it and can pass over anyone it finds unsuitable. Contested appointments are decided on evidence about the proposed guardian’s fitness and the protected person’s best interests.
Not automatically. The court’s order controls, and it may suspend or terminate an agent’s authority. This is worth clarifying at the appointment hearing.
Yes. If the person’s condition improves or circumstances change, you can petition to modify or terminate the order.
