Our firm counsels clients who are concerned about problems with their disabled child or adult or with their parent or relative who has been showing increasing signs of confusion, memory loss, or the inability to cope with daily tasks which previously were not a problem. In those cases where the health and safety of the person is in immediate jeopardy, more formal intervention may be required. If the incapacitated person has executed proper Durable Powers of Attorney (see Estate Planning) initiation of a court action may not be necessary. However, if the person has not done a power of attorney or if someone opposes the person named in the power of attorney as the decision maker for the incapacitated person, a guardianship may be necessary. A guardian in Colorado has the right to satisfy the essential requirements for physical health, safety, or self-care of the protected person. This includes decisions regarding health care, living place and standards, education, managing legal matters and other matters involving decision making. A conservator is appointed to manage the estate of the protected person. The legal standards are different for each proceeding and it is possible to have a person under a guardianship and a conservatorship at the same time. It is also possible to obtain only an order of guardianship or conservatorship or to limit the appointment of the guardian and/or conservator by time or the duties he or she may perform.
GUARDIANSHIPS AND CONSERVATORSHIPS
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