In Colorado, guardianship vests the care and financial control of an individual by a third party. Many guardianship cases involve children whose parents can’t care for them or aging parents who can no longer care for themselves. Often, grandparents want to become guardians of their grandchildren, and adult children want to be appointed as guardians of their aging parents. Guardianship matters are complex, so reach out to an estate planning attorney at Carlson, Edwards, and O’Connor for advice.
Why Guardianship May Be Necessary
A court appoints a guardian if it’s clear that a vulnerable individual won’t otherwise get the care they need and deserve. For example, some elderly people reach a stage where they can no longer manage their finances. Without someone to oversee their financial transactions, they may fall victim to scams.
If you believe your aging relative can no longer pay their bills, collect outstanding funds, or make investments, you may want to talk to an attorney about whether you can be appointed as their guardian. Since another individual’s rights are involved, the courts don’t take guardianship lightly. Guardianship is covered under Title 15, Article 14 of the Colorado Revised Statutes.
Another common situation arises when parents can’t provide for their minor children or make sound decisions on their behalf. This may be due to drug or alcohol dependence. In such a situation grandparents or relatives may apply for guardianship. This can range from temporary or permanent physical custody to legal custody which allows them to make medical decisions for the child. A guardianship arrangement may be necessary if a child is being abused, neglected, or otherwise harmed.