professional representation
Firm
click here for a free consultation

Denver Guardianship and Conservatorship Attorney

In this case, when a loved one is no longer able to care for themselves mentally and physically do you know what to do? What if a loved one is not able to make financial decisions? If you are facing this situation, contact a Denver guardianship and conservatorship attorney at Colorado Estate Matters, Ltd. today. Our Denver Estate Planning Attorneys can help you navigate complex legal issues concerning guardianships and conservatorships. They can assist you in protecting your loved one’s best interests in Denver, CO. Call us at (303) 713-9147, or reach out to us online.

Why Choose Colorado Estate Matters, Ltd.?

  • Our Denver estate planning lawyer takes a client-centered approach to the services we provide and strive to address the entire family dynamic.
  • At Colorado Estate Matters, Ltd., a Denver guardianship and conservatorship attorney is skilled in using a variety of approaches to develop unique solutions that meet your objectives and needs.
  • Our lawyers have more than 20 years of experience handling all matters of estate law, including guardianships and conservatorships.

What is the Definition of Guardianship and Conservatorship?

  • A guardian is a person who has been appointed by the court to make health care decisions for someone else.  The guardian is an individual who can assist in living arrangements, protection, supervision, and medical treatment.
  • A conservator is a person who has been appointed by the court to make financial decisions for someone else. The conservator manages the estate of a protected person  who is the individual for whom a conservator has been appointed.
  • An incapacitated person is one who is unable to effectively receive or evaluate information. You would need a guardianship if someone is unable to make or communicate decisions to the extent of lacking the ability for self-care or physical health and safety.

How Does Guardianship and Conservatorship Work?

Not all of us can manage our affairs for all of the days of our lives. For minors, the disabled, or the elderly, society has provided a mechanism to protect our most vulnerable citizens. This is accomplished through a court-appointed person who manages the assets (known as a conservator) and/or manages the person (known as a guardian).

Why Would You Need to Obtain Guardianship or Conservatorship?

At the law firm of Colorado Estate Matters, Ltd., a Denver guardianship and conservatorship attorney can help clients in the south Denver metro area and throughout Colorado obtain the legal authority to take care of loved ones in situations such as the following:

  • Taking care of a parent who has Alzheimer’s or dementia
  • To resolve family disputes over the care of a parent
  • To be able to manage personal injury settlements or inheritances for minor children
  • For care of an adult disabled child

These laws are specific, technical and exacting, and require appearances in court. To become someone’s guardian or conservator, you need a Denver attorney. On the bright side, our lawyers understand the laws of these situations.  For instance, we understand the human side of these difficult situations. We can help you get appointed as a conservator and guardian. Our attorneys help you get through these difficult times as easily and reasonably as possible.

What Are Your Responsibilities As a Guardian or Conservator?

In addition, when obtaining a guardianship or conservatorship of a loved one, you become that person’s fiduciary. As a guardian or conservator,  you must act on that person’s best interest.  For instance, you must also be able to uphold your responsibilities. These responsibilities specifically include:

  • Deciding where the person will live
  • Arranging personal care
  • Maintaining contact with doctors and other care providers
  • Overseeing the person’s bank accounts
  • Paying bills and filing income tax returns
  • Handling a protected person’s real estate and tangible property
  • Completing paperwork on the person’s behalf

Usually, you do not have to use your own funds as a guardian or conservator. We will work with you on what bills may be paid from the deceased’s estate.  To summarize things up, we work to obtain reimbursements for the money you have already spent.

What are the Alternatives to Guardianship or Conservatorship?

Our guardianship lawyer also prepares special needs trusts to provide assets to an incapacitated person without making him or her ineligible for governmental programs such as SSI, SSDI, and Medicaid. In many cases, powers of attorney can provide the legal authority you need to take care of a vulnerable family member without the need for guardianship or conservatorship. Usually a person can only get a power of attorney if he or she has the legal capacity.

How to Avoid Having You and Your Assets Placed In Guardianship or Conservatorship

In any case, obtaining a guardianship or conservatorship may not be the best course of action for everyone. On the bright side in some cases it is possible to avoid guardianship or conservatorship with proper estate planning. You should prepare a plan with the help of a Colorado estate planning lawyer while a person still has the mental and physical capacity. Possible solutions may include:

  • Creating and funding a trust
  • Establishing a living will
  • Creating a property power of attorney

After a free consultation with no obligation, our Denver guardianship and conservatorship attorneys can recommend the best solutions in your particular case.

Call Our Denver Guardianship and Conservatorship Lawyer Today

At our firm, our Denver guardianship and conservatorship lawyer is open and transparent in our communication.  We believe in providing all the information our clients need to make the best decisions that lead to the best outcomes. If you are dealing with a guardianship or conservatorship matter, call us at (303) 713-9147.  Or fill out the contact form on this website to schedule a no-cost, no-obligation consultation.

From our offices in Denver, we serve clients throughout the southwest and southeast Metro Area, including (but not limited to) people in Highlands Ranch, Littleton, Castle Rock, Parker, Aurora, Greenwood Village, Englewood, Centennial, Wheat Ridge, Golden and Arvada.

Schedule a FREE consultation with us.

  • This field is for validation purposes and should be left unchanged.

Common Probate Questions

What is probate in Colorado?
Probate in Colorado is the legal process by which a deceased person’s assets are distributed and their debts are paid under court supervision.
When is probate necessary in Colorado?
Probate is typically required when a person dies with assets solely in their name, and those assets exceed a certain value, or there’s any real estate. The threshold amount changes over time, so checking the current limits is essential.
How do I start the probate process in Colorado?
To initiate probate in Colorado, you need to determine if formal probate is required, and then file an Application or a Petition (as well as the necessary ancillary documents) with the appropriate court, depending on the circumstances.
What assets are subject to probate in Colorado?
Generally, assets that are solely owned by the deceased, such as real estate, bank accounts, and personal property, are subject to probate. Jointly owned assets with rights of survivorship, assets held in a trust, and assets with designated beneficiaries typically bypass probate.
How long does the probate process take in Colorado?
The duration of probate in Colorado can vary depending on the complexity of the estate and any disputes that may arise. Often it takes a year or more to complete.
What are the costs associated with probate in Colorado?
Probate costs in Colorado can include court fees, attorney fees, personal representative fees, and other administrative expenses. These costs can vary based on the size and complexity of the estate.
Can I avoid probate in Colorado?
Yes, there are strategies to avoid probate in Colorado, such as creating a revocable living trust, using beneficiary designations on assets like life insurance policies and retirement accounts, and jointly owning property with rights of survivorship.
What are the rights and responsibilities of a personal representative in Colorado?
The personal representative (executor or administrator) is responsible for managing the estate, paying certain debts and taxes, and distributing assets to beneficiaries in accordance with the law and the deceased person’s will (if one exists).
How are disputes handled in Colorado probate cases?
Disputes in Colorado probate cases can be resolved through mediation, negotiation, or litigation in court if necessary. Common disputes may involve the validity of the will, claims by creditors, or disagreements among beneficiaries.
Is estate tax a concern in Colorado probate?

Colorado does not have a state-level estate tax, but federal estate tax may apply to larger estates. It’s important to consider federal tax implications when dealing with an estate.

Is estate tax a concern in Colorado probate?

Colorado does not have a state-level estate tax, but federal estate tax may apply to larger estates. It’s important to consider federal tax implications when dealing with an estate.
 It’s essential to consult with an attorney or legal professional experienced in Colorado probate law to get accurate and up-to-date information and guidance on your probate matter.

Schedule your free consultation

  • This field is for validation purposes and should be left unchanged.
  • This field is for validation purposes and should be left unchanged.

ALL FIELDS Are REQUIRED