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Protective Proceedings – Guardianships and Conservatorships
A guardianship or conservatorship may be necessary when a minor requires someone to care for his or her personal matters or when that minor inherits property or receives a settlement.
For an adult, a guardianship or conservatorship may be necessary when that adult is no longer able to effectively receive and evaluate information to make decisions regarding medical care or financial matters. If a competent adult designates an agent under power of attorney, that power may be effective instead of these protective arrangements, but circumstances can change, rendering the power of attorney ineffective.
The person who is the subject of a protective proceeding may object to the imposition of a guardian or conservator, or family members may disagree as to whom should be selected to serve in these important roles. When a guardianship or conservatorship proceeding becomes contested, we advise seeking professional counsel to help navigate this challenging process.
Guardian. A guardian is appointed to assist with the medical affairs and day-to-day life of a minor or incapacitated person. The guardian makes decisions regarding housing, clothing, and food for the ward.
Conservator. A conservator is appointed to assist with the assets and financial affairs of a minor or incapacitated person.
Free Protective Proceedings Legal Forms
While we strongly believe that having counsel involved throughout the process of seeking appointment of a guardian or conservator is useful and more likely to ensure you anticipate and resolve problems in advance, Colorado does offer resources online at http://courts.state.co.us/Forms to assist people who wish to proceed without counsel.
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