Guardianship Attorney Denver
Meurer & Potter Law Office, Denver, Colorado
When a parent or loved one can no longer make safe decisions about their own care, finances, or living situation—and no power of attorney was established while they were competent—a guardianship or conservatorship may be the only option. These are court proceedings that grant a designated person legal authority to act on behalf of an incapacitated person. They are serious because you are asking a court to remove another person’s fundamental rights.
At Meurer & Potter, P.C., our guardianship attorneys in Denver have been helping families navigate these proceedings since 1991. We represent family members seeking guardianship or conservatorship, respondents defending against petitions, and appointed guardians and conservators who need guidance on their legal duties and reporting obligations.
Guardianship vs. Conservatorship in Colorado
These are related but distinct legal tools. A guardianship gives a court-appointed person (the guardian) authority over personal and medical decisions for an incapacitated adult. This includes decisions about living arrangements, medical treatment, and personal care. A conservatorship gives a court-appointed person (the conservator) authority over financial decisions. This includes managing bank accounts, paying bills, handling investments, and making financial transactions on behalf of the protected person. In many cases, the same individual is appointed as both guardian and conservator. In others, the court may appoint different people for each role.
The Colorado Guardianship Process
Guardianship and conservatorship proceedings in Colorado begin with filing a petition in the District Court of the county where the incapacitated person (the “Respondent”) resides. The petitioner must demonstrate that the Respondent is incapacitated and that no less restrictive alternative exists. The Respondent has the right to be present in court, to examine all witnesses, and to be represented by an attorney, and will receive one simply by asking.
The court typically appoints a “visitor”—an independent evaluator who meets with the Respondent, the petitioner, and other interested parties and reports findings to the court. Medical evidence of incapacity is required. Emergency appointments for incapacitated adults cannot last more than 60 days before a full hearing. Temporary guardianship appointments cannot exceed six months.
Once a conservatorship is established, the court generally stays involved until the protected person recovers or passes away. The conservator must file regular accountings with the court and is supervised throughout the process. This is expensive, time-consuming, and difficult to terminate, which is one of the strongest reasons to establish power of attorney and advance directives while you still have the legal capacity to do so.
Avoiding Guardianship Through Advance Planning
Guardianship and conservatorship are last-resort options. In most cases, they can be avoided entirely through proper estate planning completed while the individual is still competent. A durable financial power of attorney gives your chosen agent authority over financial decisions without court involvement. A medical power of attorney, which at our firm includes integrated advance directive provisions, gives your agent the authority to make healthcare decisions. A revocable living trust allows a successor trustee to manage trust assets if you become incapacitated. If these documents are in place and properly drafted, there is typically no need for the court to intervene. Our estate planning attorneys routinely draft these documents as part of a comprehensive plan specifically to prevent the need for guardianship or conservatorship proceedings.
Frequently Asked Questions About Guardianship in Denver
Insights to help you make informed decisions about guardianship laws in Colorado.
Our FAQs offer practical guidance about guardianship. They are written to help you stay informed, not overwhelmed.
A guardianship gives authority over personal and medical decisions for an incapacitated person. A conservatorship gives authority over financial decisions. Both require a court proceeding and a finding that the individual cannot manage their own affairs. The same person can serve in both roles, or the court may appoint different individuals.
You must file a petition in the District Court of the county where your parent resides. The court requires medical evidence of incapacity, notification of all interested parties, and a hearing. The court will appoint a visitor to evaluate the situation. An attorney experienced in Colorado guardianship law can guide you through each step and represent you at the hearing.
If a person establishes a durable financial power of attorney and a medical power of attorney with integrated advance directive provisions while they are still competent, these documents give trusted agents the legal authority to make decisions without court involvement. Proper estate planning is the most effective way to avoid guardianship proceedings.
A guardianship generally lasts until the protected person recovers capacity, which is rare in cases involving dementia or advanced age, or until they pass away. The court retains ongoing supervision throughout, requiring regular reporting from the guardian. Ending a guardianship requires a court petition and evidence that it is no longer necessary.
Costs include court filing fees, attorney fees, the cost of the court-appointed visitor’s evaluation, and potentially ongoing reporting costs. Uncontested guardianships are typically less expensive than contested ones, which may involve multiple hearings and significant attorney time. We discuss all expected costs during your free initial consultation.
Yes. The Respondent has the right to contest the guardianship petition, be represented by an attorney, be present in court, and examine all witnesses. Other family members or interested parties may also object. Contested guardianship cases require a full evidentiary hearing and can become complex and costly.