Guardianship in Colorado is a court process that gives one person the legal power to make decisions for another adult who cannot manage their own care. Courts may also grant guardianship for minors when parents cannot provide support. If you want to serve as a guardian, understanding the process helps you know what to expect.
Who can become a guardian for an adult?
Any person age 21 or older can petition the court to become guardian for an adult living in Colorado. You do not need to live in the state. The court only appoints a guardian if it decides the adult cannot safely make personal decisions without help.
Before granting guardianship, the court reviews your background. You must provide a criminal history report, credit report and government-issued ID. If you are a parent living with the adult, you may not need to provide the reports. The court also reviews medical evidence about the adult before making a decision.
Filing for guardianship
Filing requires specific forms, a $229 filing fee and supporting documents. Once filed, the court will:
- Appoint a Court Visitor: This person reviews the case and interviews those involved.
- Require notice: You must notify the Respondent and interested persons at least 14 days before the hearing.
- Hold a hearing: The judge decides if guardianship is necessary and, if so, appoints a guardian.
You must file your case in the district court where the adult lives or in Denver Probate Court if the adult lives in Denver.
Responsibilities of a guardian
A guardian makes decisions about the ward’s care, health and daily needs. Colorado law requires guardians to use the least restrictive measures possible and involve the ward in decisions.
Guardians must also file annual reports with the court. Common decisions include:
- Residence: Where the ward lives.
- Medical care: Consent to treatment and health planning.
- End-of-life care: Choices about life-sustaining treatment.
- Daily welfare: Ensuring basic needs such as food and shelter are met.
Guardians must always act in the ward’s best interests.
A process focused on protection
Colorado’s guardianship system balances the need to protect vulnerable adults with the goal of preserving independence. If you are considering this process, understanding the steps, requirements and alternatives can help you prepare for what lies ahead.