Our Experienced Estate Planning Attorney Can Help
At Flatiron Legal Advisors, LLC, we know the care and well-being of your loved ones is of your up-most concern. Having someone close to you who is unable to make the necessary day-to-day decisions regarding their health and safety can be particularly worrisome. If you are seeking to step in and apply for guardianship of a loved one or family member, our experienced estate planning lawyer in Boulder County can guide you through the process. Fill out our free case evaluation form to get started!
What is a guardian and who needs one?
Colorado law states that an adult who would like to take on the responsibilities of personal care for another adult may file for permanent guardianship. The dependent of this petition must be proven to be incapacitated or incapable of making the decisions required for daily living. If approved, this individual is now legally the ward of the guardian.
It's important to note that legal guardianship is a court order, not a right automatically given to an immediate family member of an adult.
For instance, a parent of a disabled child must petition the courts once he or she reaches the age of eighteen in order to retain legal guardianship. Our experienced and compassionate family law attorney can provide you with the specific requirements necessary to apply for guardianship of your loved one. Contact Flatiron Legal Advisors, LLC, to begin.
Responsibilities of a Guardian in Colorado
The responsibilities of a guardian are based on overseeing the personal welfare of their ward. Annual reports must be provided to the courts by the guardian regarding the ward's well-being.
Some of the responsibilities and obligations of a guardian include:
- Determining where the ward will live
- Decisions regarding health care
- Establishing daily needs are met such as food and clothing
- Handling of finances if the ward has few assets and there has been no conservator granted
Flatiron Legal Advisors, LLC, Can Assist You with All Forms of Guardianship
There are three different categories of guardianship defined in Colorado state law.
At Flatiron Legal Advisors, LLC, our respected Boulder estate planning lawyer, Dave Rich, can assist in your petition for any of the following:
- Emergency guardianship - If the court finds that significant harm to an adult individual's welfare, health or safety may result from a lack of guardianship, the judge will appoint one on an emergency basis. This designation is temporary and the ward in question does not have to be proven incapacitated.
- Limited guardianship - This type of guardianship enables the ward to retain some degree of autonomy and is the most preferred designation by the courts. A judge will grant the guardian specific and limited powers and responsibilities in regards to the ward in question.
- Unlimited guardianship - In order to be granted unlimited guardianship, the petitioner must prove why this type is warranted and why a limited guardianship would not be feasible or suitable.
Considering whether or not to apply for legal guardianship of a loved one is both admirable and overwhelming. At Flatiron Legal Advisors, LLC, we understand you don't take the decision lightly and neither do we.
For supportive and comprehensive legal advice and information, call Flatiron Legal Advisors, LLC , today to schedule a free, 20-minute initial case consultation!