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Can your family challenge a conservator or guardian?

On Behalf of | Jul 26, 2022 | Guardianships & Conservatorships |

When the Colorado probate courts appoint a conservator or a guardian, they allow one adult to take responsibility for and control over someone’s daily life or finances. Frequently, the person serving as conservator or guardian will have a pre-existing relationship with the vulnerable adults whose affairs they intend to manage. However, professionals sometimes seek guardianship or conservatorship.

Those professionals could fail to do what is best for your loved one. It is also possible that even family members who step up to take care of an older adult could prove to be incompetent or could mismanage the needs and household of the vulnerable adult. Can your family challenge a conservator or guardian who has not acted in your loved one’s best interests?

Probate appeals and challenges can protect those who need help

If a conservator or guardian has failed to act in an older adult’s best interests, those who are aware of the situation and who care for the adult subject to the guardianship or conservatorship may need to take action.

Documenting how someone has mismanaged resources or embezzled from the person in their care can be a good starting point. Failing to act when someone needed support or clearly breaching the fiduciary duty that a guardian or conservator owes to the person in their care are also scenarios that may lead to challenges.

Provided that the probate judge who hears your case agrees that the guardian or conservator failed to uphold their responsibilities and fiduciary duty, you may be possible to replace a conservator or guardian who makes questionable decisions. In a scenario where the adult subject to a guardianship or conservatorship has improved or does not meet the standard for incapacity, the family could potentially contest the guardianship or conservatorship and not just the person administering it.

Understanding how to fight back when someone abuses their role in a conservatorship or guardianship can help you protect a loved one who cannot advocate for themselves.