When aging parents begin to struggle with important decisions, preparation becomes essential. Colorado law provides two main options to safeguard vulnerable adults: guardianship and conservatorship. Understanding the difference between them can help you plan for the support your parents may need.
What is guardianship?
A guardianship gives someone the authority to make personal and medical decisions for an incapacitated adult. Courts usually appoint a guardian when a person cannot manage their health, safety or daily care because of physical or mental limitations.
For example, a guardian may help with:
- Medical treatment decisions
- Living arrangements
- Personal care needs
- Safety and supervision
Colorado courts require evidence before granting a guardianship. In many cases, a physician or mental health professional must evaluate your parent and provide a thorough written report to the judge.
What is conservatorship?
Unlike guardianship, a conservatorship only deals with money matters. A conservator oversees a person’s property and assets. This includes paying bills, managing investments and handling taxes. The conservator must act in the person’s best interests when caring for their estate.
You may consider this when your parent struggles with financial decisions or faces risk of financial abuse. To get a conservatorship, you must prove the following:
- The parent lacks the mental ability to handle their property
- Their assets are at risk or will be wasted without court intervention
Poor money choices alone are not enough to trigger court action. There needs to be clear proof of a medical or mental problem that affects their ability to manage finances. Medical evaluations may also help if cognitive decline affects money decisions.
Can you have both?
Colorado allows a person to have both guardianship and conservatorship. Sometimes, one person handles both roles. In other cases, the court selects different people for each job. However, the court does not automatically grant both.
The court usually looks at medical evidence to see if the parent cannot handle these duties alone. Additionally, an independent court visitor interviews the parent and reviews the circumstances.
Colorado courts always look for the least restrictive options first, Such as powers of attorney or trusts. Generally, the court tries to protect your parent while keeping as much of their independence as possible.
Understanding your legal options
Every family faces different concerns. Since guardianship and conservatorship affect vital legal rights, it is important to understand how each works. The right choice depends on your parent’s specific needs and abilities. It may help to talk with a legal professional who can determine which path fits your family.