Guardianships

Guardianships and Conservatorships

In caring for a minor child or a disabled adult, a loved one almost always has the best intentions in mind. However, the care giver may not know the full legalities of taking on such a responsibility. At Peter Loyd Weber & Associates, we are here to ensure that the best interests of the minor child or disabled adult will be adhered to all, including in a court of law. However, sometimes family members allege an adult is incapacitated when in fact they are not. We can help defend you in this sort of situation as well. Please give us a call today at 720-863-7755 to understand all of your rights as a guardian or as an “incapacitated” adult.

Guardianship and Conservatorship FAQ’s

What is the difference between a guardianship and a conservatorship?

There is not a huge difference in a guardianship and conservatorship. It is most typical that guardianships are used for minor child or disabled adult family members. On the other hand, conservatorships are typically used for adults who are no longer capable of handling their own finances. Therefore, conservatorships are used most often to regulate finances while guardianships are most often used to regulate both finances and legal interests.

Why are conservatorships an important estate planning tool?

Conservatorships are quite an important tool for adult children who have parents that live far from them, and the adult children want to protect the parent from outside influences that purportedly are, but are not in their parent’s best interests, financially speaking.

Is there a way to avoid having to do a guardianship?

One other option for estate planning is doing a durable power of attorney or advanced medical directive. These could be used instead of having to go through the process of doing a guardianship. This should be done well in advance of the possibility of incapacity. Please see our page on durable power of attorneys and advanced medical directives.

How do I initiate a guardianship or conservatorship proceeding?

There are all kinds of forms on the Colorado state courts website. You can find forms on guardianships and conservatorships there. However, it is highly advisable you seek legal counsel to determine which jurisdiction you need to file in, what rights you may be giving up or taking on, and whether it is in your best legal interests to take on those rights. Please call us today for a free phone consultation on your legal issue at 720-863-7755.

I have a disabled minor child, what can I do to protect them after they come of age?

As a parent, you are basically automatically their guardian until they turn 19. However, once the child becomes the age of majority, you should consider becoming their legal guardian or having a trusted lawyer as their guardian. Please see our blog post on caring for the legal aspects of a special needs’ individual.

What if I believe that the court has incorrectly found me to be mentally incapacitated and appointed a guardian or conservator for me?

Unfortunately, it does happen that family members initiate and enforce a guardianship or conservatorship when the adult is not actually incapacitated, to have control of the individuals’ money. Or, it also happens that a guardian or conservator does not properly handle their responsibilities as a court appointed guardian/conservator. In these situations, Peter Loyd Weber & Associates can help you fight to remove the guardian from their position, and litigate in court to remove the finding of incapacity.