Most adults in Colorado pride themselves on maintaining an independent lifestyle. They earn their own wages and maintain their own households, possibly with the support of a spouse.
Technically, anyone who reaches the age of 18 or older has responsibility for their own welfare. However, occasionally adults are vulnerable due to illness, degenerative medical conditions or advanced age. They may require support from another competent adult to manage their lives. Colorado allows concerned outside parties to seek either conservatorship or guardianship over an adult ward who cannot manage their own affairs.
What separates guardianship from conservatorship?
Guardianship concerns daily needs
Just as a parent can name a guardian in an estate plan to have someone take over their parental authority, the courts can appoint a guardian when someone requires regular support. Guardianship typically entails having a responsibility to meet the basic needs of someone’s day-to-day life.
A guardian provides someone with housing, ensures they eat and arranges for appropriate medical care. Guardianship can be valuable for those struggling with the challenges of advanced age and for people who have just become legal adults who have significant special needs.
Conservatorship is about asset management
Conservatorship differs from guardianship in that the focus is on the estate or property of the ward. Someone dealing with a decline in cognitive ability or serious medical challenges may not be capable of managing their own finances.
They could lose valuable resources that they require for their future financial stability or might fall into arrears financially, leading to aggressive collection activity. Conservatorship appoints an outside party to manage the finances and resources of an individual who cannot handle those matters on their own behalf.
Some people plan to avoid conservatorships and guardianships by drafting durable powers of attorney before their health declines. Frequently, however, vulnerable adults do not have any legal documents in place. Family members or even professional caregivers may go to the Colorado courts seeking guardianship or conservatorship for their protection.
Understanding the differences between guardianship and conservatorship can help people determine what type of support a loved one requires. Concerned parties need to gather evidence of the circumstances that make outside support necessary for a vulnerable adult’s protection and ask the courts for the right type of legal authority accordingly.