Guardianship in Colorado

State-specific overview · Estate & Probate

Quick summary

Colorado requires clear and convincing evidence that the person lacks capacity before appointing a guardian.

How Colorado treats Guardianship

Colorado courts follow the Uniform Guardianship and Protective Proceedings Act, which sets a high evidentiary standard for guardianship petitions. The court must find by clear and convincing evidence that the proposed ward cannot manage their affairs or make informed decisions. Colorado also encourages less restrictive alternatives like powers of attorney or conservatorships before appointing a full guardian. Annual accountings and court oversight are mandatory to protect the ward's interests.

The general definition of Guardianship

A court-ordered arrangement where one person has legal authority to care for another who cannot care for themselves.

Guardianship is a legal relationship created by a court when someone (the ward) cannot make decisions for themselves due to age, disability, or incapacity. The guardian has the power to make medical, educational, and financial decisions for the ward. It's often used for minor children whose parents have died or are unfit, or for adults with severe mental or physical disabilities.

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This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Colorado.