When Someone Can No Longer Make Their Own Decisions

🧠 Advanced Dementia or Alzheimer's

Your parent can no longer manage finances, understand medical decisions, or recognize unsafe situations. Without guardianship, they're vulnerable to exploitation, financial abuse, and dangerous living conditions.

🏥 Severe Mental Illness

Your loved one cycles in and out of crisis, refuses treatment, and can't maintain housing or safety. Guardianship provides the legal authority to ensure treatment and stability.

♿ Developmental or Intellectual Disability

Your adult child with disabilities needs ongoing support with medical, financial, and residential decisions. Guardianship transitions from parental rights to legal authority as an adult.

📄 No Power of Attorney Documents

Your parent didn't sign a Power of Attorney when they were capable. Now they can't. Banks, hospitals, and facilities won't let you make decisions. Guardianship is the only legal path forward.

👨‍👩‍👧‍👦 Family Conflict Over Care

Siblings can't agree on care decisions. One is exploiting the parent financially. A neutral professional guardian protects the person's best interests when family can't.

Step 1: Consultation & Assessment

We meet to discuss the situation, assess capacity, and determine if guardianship is truly necessary. Sometimes less restrictive alternatives exist.

• Review current situation and safety concerns
• Assess decision-making capacity
• Explore alternatives (POA, supported decision-making)
• Determine type needed (guardian, conservator, or both)
• Explain costs, timeline, and court process

Step 2: Petition Filing

I prepare and file the guardianship petition with the Colorado court. This includes medical evidence, capacity evaluations, and detailed documentation.

• Gather medical records and physician statements
• Complete capacity evaluation (court-appointed or private)
• File petition with county court
• Serve notice to family members
• Timeline: 2-4 weeks to prepare and file

Step 3: Court Hearing

A judge reviews the petition and evidence. I represent the family's request. The person has a right to contest.

• Court appointment of investigator (reviews situation)
• Court appointment of attorney for respondent (if contested)
• Hearing before judge (usually 4-8 weeks after filing)
• Testimony from physicians, family, and professionals
• Judge determines if guardianship is necessary

Step 4: Ongoing Guardianship

Once appointed, I serve as guardian making decisions in the person's best interest with court oversight.

• Make medical and residential decisions
• Manage finances (if conservator)
• Ensure appropriate care and services
• Visit regularly and monitor wellbeing
• File annual reports with court
• Advocate for rights and dignity

Guardian of the Person

Authority to make personal decisions: medical care, living arrangements, daily care, social activities.

Best for: Those who need help with healthcare and daily living decisions

Conservator of the Estate

Authority to manage finances: pay bills, manage assets, file taxes, protect from exploitation.

Best for: Those vulnerable to financial exploitation or unable to manage money

Full Guardianship & Conservatorship

Authority over both personal decisions and finances. Most comprehensive protection.

Best for: Advanced dementia, severe mental illness, or complete incapacity

Limited Guardianship

Authority over specific decisions only, preserving person's rights in other areas.

Best for: Those with partial capacity who need support in specific areas

Initial Consultation: $300 (credited toward services)

Petition Preparation & Filing: $800-$1,200

Court Representation: Included in filing fee

Ongoing Guardianship: $100-150/hour as needed

Total Typical Cost: $800-$1,500 for establishment