Guardianship and conservatorship in Colorado

In Colorado, a power of attorney is a document someone signs while they can still understand it, naming a person to handle their money or their medical decisions, and no court is involved. A guardianship is a court case that gives someone authority over personal decisions, like medical care and where a person lives. A conservatorship is a court case about money and property. The court generally has to find that less restrictive options will not work before it appoints a guardian or conservator, so which one fits depends on the facts, and that is what the attorneys are for.

If a parent has lost capacity and never signed a power of attorney, no family member, not even a spouse, automatically has legal authority over accounts or property in the parent's name. For medical decisions, doctors can usually work with a family proxy the family agrees on. For money, the usual routes are a conservatorship or a court order for one specific transaction. If the parent can still understand what they would be signing, a power of attorney may still be possible, and only an attorney can judge that.

Before a court appoints a guardian, Colorado generally looks at less restrictive options: powers of attorney, a supported decision-making agreement where the adult keeps making their own choices with help from people they trust, or a court-approved single transaction. The attorneys can compare those for your family.

A medical power of attorney names someone to make health care decisions if the person cannot. Without one, Colorado law lets doctors work with a family proxy the interested people agree on, for medical decisions only. That gives no authority over money, and if the family cannot agree, someone may need to ask a court for a guardianship.

A guardianship is a court case. Someone files a petition, the court appoints a court visitor who meets the person and reports back, the people involved get written notice, and a judge decides at a hearing. The judge needs clear and convincing evidence that the person is incapacitated and that less restrictive options will not meet their needs. How long it takes depends on the court and on whether anyone objects.

A conservatorship is a court case about a person's money and property, used when they cannot manage it and no power of attorney works. The court appoints a conservator, who inventories the assets and reports to the court each year. Sometimes the court approves one specific transaction instead, like selling a house to pay for care. Which path fits depends on the facts.

Colorado allows an emergency guardian when waiting for the regular process would likely cause substantial harm to the person's health, safety or welfare and no one else has authority and is willing to act. An emergency appointment lasts no more than 60 days, and the court appoints a lawyer for the person. How fast a judge acts depends on the court and the medical evidence, so I can't promise a date.

Colorado added a Guardianship Bill of Rights in 2026 (House Bill 26-1100, effective August 12, 2026). A person under guardianship keeps every right the court has not given the guardian. A guardian generally has to give the person notice at least 30 days before a permanent move to a nursing home or a similar facility, unless the move was already in the guardian's plan or a court order.

Colorado has an Office of Public Guardianship for people who need a guardian and have no suitable family member and no money for a private guardian. It is still expanding, and I can't say it is available in Jefferson or Gilpin county. Please talk to the attorneys about the options.