Aurora Guardianship Lawyer

Experienced Guardianship Attorney in Aurora, CO

Guardianship may be something your family deals with when a loved one is no longer able to make some important personal decisions on their own. An Aurora guardianship lawyer can explain guardianship laws and help your family understand the guardianship process and what to expect when serving as a guardian.

Guardianship often comes up in situations where aging parents need extra support, adult children have cognitive impairments, or families wish to make legal decisions for minor children.

Get to Know The Limbaugh Law Firm

For more than 25 years, The Limbaugh Law Firm has helped clients protect the people and things that matter most. We assist with estate planning, probate matters such as conservatorships and guardianships, elder law, and special needs planning.

Our practice is built on educating our clients about their legal rights. We take the time to help you plan for tomorrow while supporting you and your family through life’s transitions. We provide clear pricing, online consultations, and personalized legal solutions made to meet the particular requirements of every family.

What Is Guardianship?

Guardianship is a relationship established by law between you and another person. If you serve as a guardian for someone else, you’ll be responsible for making personal decisions on their behalf. Guardianship is often established because an individual is unable to make informed and responsible decisions about personal care, medical decisions, living arrangements, or other important matters. Examples of guardianship situations include:

• Adults with failing mental capacity
• Adults with developmental disabilities
• Adults who are healing from significant injuries
• Parents wanting to make decisions for their minor children
• Temporary situations in which someone needs immediate protection

Each situation is unique and assessed on a case-by-case basis. Guardianships are drastic legal interventions that limit an individual’s ability to make choices about their life. For this reason, judges typically want to see clear evidence that there are no other less restrictive alternatives available before granting a guardianship.

The Colorado Probate Code, Title 15 of the Colorado Revised Statutes, governs most guardianship laws in Colorado. This includes the laws that outline how a guardian is appointed, the powers and responsibilities of a guardian, and other important protections. Colorado law requires you to consider less restrictive alternatives before choosing guardianship.

Guardianships for Adults

Guardianships for adults are commonly requested when an individual is unable to make decisions for themselves. This usually happens when someone suffers from late-stage dementia or a traumatic brain injury. According to a recent survey, almost half of those over 40 believe they are likely to have dementia. Dementia affects an estimated 6.9 million Americans who are 65 years of age or older. That represents around one in nine Americans, or 10.9%.

Adults with intellectual and developmental disabilities (IDD), and/or medical illnesses that affect their decision-making, may also qualify. The decision-making power granted to a guardian can include healthcare, living arrangements, education, support services, and day-to-day needs. If an adult is only incapacitated in certain areas of their life, Colorado courts can approve a limited guardianship.

Guardianship for Children

Parents may need to set up guardianship for their children if they are unable to care for them. This could be due to illness, travel, deployment, incarceration, or death.

The guardian can then make decisions about the child’s education, healthcare, housing situation, and more. Guardianship does not permanently terminate parental rights like adoption does. Parents who temporarily need someone to care for their children can have their parental rights restored in the future. Any petition filed to establish guardianship over a minor is to be reviewed by the court with the best interests of the child in mind.

Hire a Guardianship Lawyer

Because guardianship can be complex, many families seek to hire a guardianship lawyer to make the process easier for them to understand. Guardianship cases limit an individual’s rights, so it’s important to be prepared and follow the court’s procedures. An Aurora guardianship attorney can help your family understand what they need to do while handling the legal responsibilities of presenting your case to the court.

Most guardianship cases for Aurora residents are processed through the Arapahoe County Justice Center, 7325 S. Potomac Street, Centennial, CO 80112. This can change depending on where the incapacitated person lives and which court holds jurisdiction. Medical care is often involved in these cases since many Aurora residents receive medical care at local hospitals, such as the Anschutz Medical Campus.

FAQs

Can You Get Guardianship Without Going to Court?

No, a person cannot declare they are a guardian, nor can they gain legal decision-making rights over someone through a private contract or declaration. Through a hearing, the court will take evidence, find that the individual needs a guardian, and find the proposed guardian suitable.

What Disqualifies Someone From Being a Guardian?

Evidence of prior financial exploitation, abuse or neglect, certain criminal convictions, large conflicts of interest, or an inability to perform guardianship responsibilities may disqualify the proposed guardian from appointment. Courts determine whether someone seeking appointment as guardian is likely to serve the interests of the protected person with discretion and responsibility.

What Are Some Limitations of Guardianship?

Guardianships require court supervision, periodic reporting, and legal costs. As guardianship can limit an individual’s rights. Colorado courts generally look at whether there are alternatives that impose fewer restrictions on the individual prior to approving a guardianship. Being under guardianship can limit your rights to make certain decisions for yourself.

Can More Than One Person Serve as a Guardian?

Yes, more than one person can serve as a guardian. Courts sometimes appoint two or more people to serve jointly as co-guardians. Co-guardianship can make sense when several members of the family share caregiving responsibilities or when the guardians have complementary skills. Typically, co-guardians must act together when making decisions on behalf of the protected person.

Schedule a Free Consultation

If one of your loved ones is in need of a guardianship, The Limbaugh Law Firm can help you in the legal process to protect your loved one’s needs and rights. Contact us today to schedule a consultation and begin advocating for your family.