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Understanding the Basics: The Differences Between Guardianships and Conservatorships in Colorado.

Understanding The Basics: The Differences Between Guardianships And Conservatorships In Colorado

At Chayet & Danzo, LLC, our attorneys help families understand the nuances in the law regarding guardianships and conservatorships so that they can take the right steps to protect their loved ones. For more than 20 years, we’ve been serving the needs of clients in Denver and the surrounding areas.

What Is Guardianship?

In Colorado, guardianship is a legal arrangement in which a court appoints a person or entity to make decisions about the personal care and well-being of an individual who is deemed incapacitated. This includes:

  • Making health care decisions
  • Deciding on living arrangements
  • Managing daily activities
  • Providing consent for services

Guardianship is often considered when an individual is suffering from advanced dementia or has long-term intellectual issues due to a birth defect or injury.

What Is Conservatorship?

Conservatorship in Colorado is a legal arrangement where a court appoints a person or entity to manage the financial affairs and assets of an individual who is deemed unable to handle financial matters independently or is at risk of financial exploitation but otherwise capable of directing other decisions about their life. Duties may include:

  • Managing bank accounts, investments and financial assets
  • Paying bills and debts
  • Making financial decisions
  • Protecting and preserving assets
  • Acting in the individual’s best interests as a fiduciary

Legal guidance could be useful in helping ensure the appropriate selection of a conservator based on the specific needs and circumstances of the individual.

Key Differences Between Guardianship And Conservatorship

While both arrangements are established to benefit individuals deemed incapacitated, they differ in several key aspects:

  • Impact on the rights of the ward: In guardianship, the ward’s autonomy in personal matters is limited, while in conservatorship, control over financial decisions is restricted.
  • Decision-making scope: Guardianships primarily address personal care and health care decisions, while conservatorships focus on managing financial affairs and assets.
  • Legal authority: A conservatorship grants control over financial affairs and assets, while a guardianship grants control over personal care and health care decisions.

A lawyer can help you understand guardianships and conservatorships, clarify rights and responsibilities and create personalized plans.

Contact Our Elder Law Firm Today

Call Chayet & Danzo, LLC, at 888-472-1088 or contact us online to schedule your consultation.