Parker Guardianship Attorney

Parker Guardianship Lawyer

Although every parent intends to see their children become healthy, safe adults, tragedies can occur unexpectedly. Assigning guardianship can become necessary if a minor or incapacitated adult loses their former guardian. Probate court is authorized to assign a guardian to your child in the case that you are not able to designate one yourself. Speak with a Parker guardianship attorney to set up guardianship rights for your children and ensure your wishes are met.

Establishing guardianship over your children can ensure they are left in the capable hands of someone you trust. Our team at Burr Law can assist you in assigning guardianship for your family in the event that unfortunate circumstances arise.

What Is Guardianship?

There are two types of guardianship that are recognized by the state of Colorado:

• Guardianship of a Minor
• Guardianship of an Incapacitated Person

All guardianship is meant to prioritize and consider the wishes of the person for whom guardianship is sought (also called a ward.) By assuming guardianship for someone, you are obligated to care for and act in the interest of a ward. This extends to medical treatment, residence, and personal affairs of the ward.

Guardianship of a Minor

In the event that guardianship is not assigned by a parent, the court prioritizes close family members. Friends of the family are a second choice. If neither are willing or able to care for the child, they may be placed in foster care until permanent guardianship can be obtained through adoption.

Although guardianship of a minor can become necessary through the death of a parent, death is not the only way through which it can be assumed. If you have concerns over the welfare of a child or suspect that they have been abandoned or neglected, you may be able to apply for guardianship of them. This is a complicated matter that should be handled with the experience of an attorney.

Ultimately, guardianship must uplift the needs and concerns of the child. By discussing guardianship with an attorney, you can establish a path of care for your children that aligns with your values as a parent.

Guardianship of an Incapacitated Adult

Guardianship of an incapacitated adult works differently than for a child, but both types of guardianship should uphold the safety and well-being of the ward. It must be determined what decisions the incapacitated person is capable of making on their own. In order to avoid abuses of power, courts try to apply the least restrictive measures to an incapacitated person’s case of guardianship. Limited guardianship allows the ward to retain authority to make some decisions for themselves.

Responsibilities of Guardians in Colorado

A guardian can be responsible for many aspects of the ward’s life. At all times, decisions should be made with the ward’s interests in mind and with respect to their wishes. Some of the responsibilities taken on by a guardian are:

• Determination of residence
• Providing access to medical care
• Financial support of the ward
• Assistance with personal affairs

Depending on the type of guardianship you are seeking to assign, responsibilities may be limited. A guardianship attorney in Parker, CO can assist you in figuring out an arrangement that suits the needs of your loved ones.

The Process of Seeking Guardianship in Colorado

The paperwork required for obtaining guardianship in Colorado differs based on what you are seeking. If you are seeking guardianship of a minor over 12, they must give their expressed written consent. Forms can also differ depending on whether or not it is an emergency arrangement or a temporary arrangement. A knowledgeable attorney can help you navigate the options and choose a satisfactory path that suits everyone’s needs.

FAQs

How Do I Obtain Legal Guardianship in Colorado?

The process of obtaining legal guardianship in Colorado begins with deciding which type of guardianship you are seeking. The requirements for guardianship of a minor are different from those of obtaining guardianship of an incapacitated person. Discussing your intent to become a guardian with an attorney can point you toward the correct paperwork to file.

In all cases, you must provide:

• An accepted form of government-issued identification
• A copy of your criminal history as supplied by the Colorado Bureau of Investigation
• Your current credit report

How Much Do Guardians Get Paid in Colorado?

In Colorado, guardians may be given financial assistance to support their ward, though some guardians choose to serve without reimbursement or compensation. All payments requested by the guardian must be approved by the court. If the child or incapacitated person has been assigned a separate conservator, the conservator must approve payment. It is the guardian’s responsibility to collect documentation for disbursements.

Can You Become a Guardian if a Child’s Parents Are Alive?

You can petition to become the guardian of a child with living parents in the following cases:

• The parents agree
• Paternal rights have been revoked by the court
• A former guardian has died or become otherwise unable to care for the child
• The parents have abandoned the child or refuse to care for the child

If you have a concern over the welfare of a minor with living parents, you may be able to petition for guardianship.

What Is the Difference Between Guardianship and Power of Attorney in Colorado?

One difference between guardianship and power of attorney in Colorado relates to court involvement. Guardianship must be established through a Colorado court. Power of attorney is a private agreement made by a person who possesses the legal capacity to agree. It does not require immediate court oversight and can be appointed for separate purposes, like property or healthcare.

Power of attorney that is used to make medical decisions for an incapacitated person can be returned to the person if they regain ability for decision-making again.

Reach Out to Burr Law for Assistance With Guardianship

For questions about obtaining guardianship or assigning guardianship to someone, contact the team at Burr Law. Our experienced and responsive guardianship and estate planning attorneys can help ease your worries over caring for your loved ones.