Conservatorship / Guardianship
Jereme Baker is the owner and Managing Member of Baker Law Group. Mr. Baker has extensive experience in the various practice areas of the firm, namely, Real Estate, Business/Corporate Law, Probate, Estate Planning and Guardianship/Conservatorship Law.
Brian Petz is a senior associate and chair of the Probate and Estate Planning Department of Baker Law Group, LLC. His practice focuses on estate planning, guardianship and conservatorship, estate and trust administration, and probate litigation.
At Baker Law Group, we try our best to provide the attentive guidance you need when handling sensitive situations like guardianships and conservatorships. Our attorneys can assist you throughout the process of your appointment as a guardian or conservator, as well as with other issues that arise during your tenure a guardian or conservator.
- A guardian is a person or persons appointed by a court to assist with the personal affairs on behalf of a minor or an adult who is incapacitated and to make decisions on their behalf. A person under a guardianship is called a “ward”.
- A conservator is a person appointed by a court to manage the finances and property of an adult who has been deemed incapacitated. A conservator makes sure assets are not wasted and are managed properly. A person under a conservatorship is called a “protected person”.
- A guardian can be appointed by the court on an emergency basis if it finds that harm to a person’s health, safety, or welfare will result without an emergency guardian being appointed. The emergency guardianship cannot exceed 60 days.
Who can be a guardian or conservator?
- Any person age 21 or older may be appointed as a guardian and/or conservator. Colorado law prohibits long-term care providers from serving as a guardian or conservator for any person they provide care to unless related by blood, marriage or adoption.
Responsibilities of a Guardian
- Make decisions on behalf of the ward based on the limitations of the ward
- Encourage the ward to be active in the decisions being made on their behalf
- When making decisions, consider the expressed desires and personal values of the ward to the extent known; if not, make decisions based upon the ward’s best interest.
- Decide on an appropriate place for the ward to live
- Arrange for and make decisions about care, medical treatment or other services for the ward.
- Make sure the needs of the ward are met, including housing, food, and clothing
- File the personal care plan within 60 days after appointment
- Submit annual reports to the court about the status of the guardianship and the condition of the ward
Responsibilities of a Conservator
- Make decisions that are in the best interest of the protected person
- Take the necessary and appropriate steps to protect the assets of the ward
- Within 90 days of appointment, must file a financial plan with the court
- File an annual report with the court.