Our Colorado Probate Lawyer’s Guide to Guardianships: Keeping Vulnerable People Safe

In a perfect world, directives like wills and estate plans would account for every unpredictable event life throws your way. However, when unexpected illnesses or tragedies occur, and there aren’t set directives, a guardian becomes necessary. This article provides a comprehensive overview of guardianships and the legal process that supports vulnerable individuals when no other system suffices. 

• The Office of Public Guardianship (OPG) is expanding across all 23 judicial districts to provide state-funded services to all eligible indigent adults by 2030. 

• Judges must find by clear and convincing evidence that no less restrictive means can meet a respondent’s needs before appointing a guardian.

• Probate courts are prohibited from summarily denying petitions to remove or modify a guardian and must instead hold a formal hearing for any such requests.

• Guardians are now required to explicitly document in their annual reports the extent to which the protected individual participated in their own life decisions. 

• Colorado law presumes that limited guardianship is sufficient, requiring the court to grant only the specific powers necessary to the individual’s actual limitations.

A guardian is an individual appointed by the court to ensure a minor child or an incapacitated adult receives basic needs, such as food, housing, and medical care. A guardian generally manages personal well-being, while a conservator is usually required to manage financial assets. 

While Colorado law formally uses the term “ward,” modern courts prefer person-centered language to respect an individual’s dignity. For clarity, this article uses the term “respondent” to refer to an individual whose need for a guardian has not yet been officially determined by a judge.

Colorado courts prioritize individual autonomy and are legally required to avoid formal intervention whenever possible. Under the Colorado Uniform Guardianship and Protective Proceedings Act (CUGPPA), judges may only appoint a guardian if they find, by clear and convincing evidence, that a respondent’s needs can’t be met through less restrictive means. 

Before filing a petition, you should determine if any of these alternatives to guardianship in Colorado to protect the individual’s autonomy while keeping them safe: 

1. Medical power of attorney - Colorado courts designate an agent to make healthcare decisions only when the principal lacks capacity, providing a targeted, less intrusive option. 

2. General durable power of attorney - Colorado courts grant authority over financial matters and property management. When properly executed, this often removes the need for a court-appointed conservator. 

3. Supported decision-making - A voluntary model under C.R.S. 15-14-801 where an adult with disabilities makes their own choices with the help of a trusted support team, in an effort to maintain the individual’s legal authority without necessitating court involvement. 

4. Representative payee - An individual explicitly appointed to manage Social Security or disability payments, addressing financial needs without restricting personal liberties. 

5. Release of informational forms - Sometimes, simply having the legal right to access medical or financial records is enough to provide “informal” support and avoid a court case. 

6. Limited guardianship - If some court intervention is necessary, C.R.S. 15-14-305 encourages the court to grant only the specific powers the respondent can’t handle, rather than a “full” or “unlimited” guardianship.

In recent years, the Colorado Revised Statutes for guardianship have evolved to further prioritize the rights of respondents by mandating greater transparency and robust due process. 

Whether you are a guardian or an individual under the care of a guardian, these are the updates you need to know:

• Public guardianship expansion - Per C.R.S. 13-94-105, the Office of Public Guardianship (OPG) is currently expanding its services across all 23 judicial districts to achieve full statewide coverage for incapacitated adults by the end of 2030.

• Heightened reporting standards - Guardians must now file annual reports specifically detailing the recipient’s physical condition, medical services, and their participation in decision-making, if applicable. 

• Mandatory removal hearings - Colorado case law forfeits the right to summarily deny removal hearings when an interested party requests them. 

• International relocation vetting - Colorado case law requires courts to follow strict statutory vetting before authorizing a respondent’s international relocation. 

• Guardianship assistance program - C.R.S. 26-5-110 expands financial aid for kin guardians to keep children with family when adoption or reunification isn’t feasible. 

While the court seeks to avoid guardianship in Colorado by prioritizing less restrictive alternatives, there are circumstances in which the more restrictive options are not only necessary but essential. For instance, a guardianship can be necessary when an adult is considered incapacitated. 

Guardianship for Incapacitated Adults

Under C.R.S. Title 15 guardianship statutes, an incapacitated person is an adult who—even with the help of technology—is unable to effectively manage their own basic needs. A guardian is appointed only as a last resort when an individual can no longer safely care for themselves and no other support systems are available. A guardianship may also be applicable in cases involving adults whose severe mental or physical disabilities or chronic illnesses result in a legal lack of capacity. 

Under C.R.S. 15-14-311, incapacity must be proven by clear and convincing evidence. This usually involves:

• A doctor’s report

• A psychologist’s evaluation

• A court visitor’s ordered assessment

In court, the adult who allegedly needs care, or the respondent, must attend every probate court guardianship hearing in Colorado required of them, unless specifically excused by the judge.

The respondent has the right to:

• Legal counsel

• Contest the proposed guardianship

• Present evidence and cross-examine witnesses

• Request consideration of less restrictive measures

Guardianship for Minors

When parents are deceased or unable to provide a safe home, a judge may appoint a guardian to oversee a child’s care. Common grounds for guardianship include:

• Death of parent(s)

• Military service

• Serious illness

• Incarceration

• Neglect

• Child abuse

• Substance abuse

Guardianship and Wills

If both parents pass away and leave a will naming a guardian, C.R.S. 15-14-203 grants children aged 12 or older the right to weigh in on the selection of a guardian. 

• If the minor accepts - The child must file a written consent with the court within 35 days of receiving notice of the appointment.

• Right to refuse - If the child refuses the named guardian, the court’s automatic confirmation is stopped. The judge must then step in to select a guardian through a formal hearing, ensuring the child’s voice is heard.

Guardianships in Colorado are established through the Colorado County Probate Courts, which require petitioners to file in the county in which the respondent lives. 

Before navigating the court process, potential guardians should understand the roles involved in a protective proceeding: 

Minor	an unemancipated individual who isn’t 18 years of age
Petition	a written request to the court for an order of guardianship
Petitioner	the individual who files a written request for the guardianship
Protective proceeding	a legal proceeding to initiate a guardianship appointment
Respondent	an individual for whom the appointment of a guardian is sought

Because Colorado law mandates the least restrictive alternative, the court doesn’t grant “total control” by default. Instead, courts must prioritize:

• Limited guardianship - Presumed effective unless unlimited authority is proven necessary.

• Self-reliance - Orders must encourage the development of the respondent’s maximum independence and self-sufficiency.

• Scope of authority - A judge must specifically delineate powers over health, education, and housing rather than granting a blanket authority.

There are four distinct types of guardianship that can be sought: 

Guardianship type	Applies to	Duration	Legal requirements	Key distinctions
Emergency	Adults & minors	60 days or less	Risk of substantial harm; no notice required if delay is dangerous	Incapacity proof not required for initial order
Temporary	Minors only	Six months or less	Proof of immediate need, in the child’s best interest	Not available to adults
Temporary Substitute	Adults & minors	Six months or less	Proof that the current guardian fails to act in the best interest of the individual in their care.	Used to replace a non-performing guardian temporarily.
Permanent	Adults & minors	Indefinite	Clear and convincing evidence of incapacity, no viable alternatives.	Focuses on the “least restrictive alternative” to preserve autonomy.

Even with a permanent guardianship, a guardian can’t act alone in high-stakes medical situations.

Under C.R.S. Title 27, a guardian lacks the authority to:

• Involuntarily commit a respondent to a psychiatric or substance abuse facility without a formal court order.

• Give consent for treatment against the respondent’s will without following specific civil commitment procedures.

A guardianship is not always permanent. It ends when:

• A minor turns 18

• Upon the death of the individual under guardianship.

• A judge approves a request to terminate because the adult has regained capacity.

• A guardian resigns with court approval, and usually a successor 

Becoming a guardian requires adherence to the formal guardianship court process in Colorado. 

Step-by-Step Process

1. File a petition in the district court of the county where the respondent lives.

2. Submit a professional evaluation from a physician or psychologist confirming the respondent’s incapacity.

3. Undergo both a criminal background check and a credit report check. 

4. Attend a guardianship hearing where the respondent has the right to be present, have legal counsel, and contest the guardianship.

Who Can Be a Guardian in Colorado?

Anyone 21 or older living in Colorado or out-of-state to be appointed as a guardian with a few exceptions: 

• Long-term care providers - Unless the provider is related to the respondent, long-term care providers are ineligible to become a guardian for someone they care for in a professional capacity. 

• Professional guardians - Guardians who are paid for their professional services aren’t eligible to provide care through a guardianship unless they’re related to the respondent. 

Priority is generally given in the following order:

1. A person nominated by the respondent. 

2. An agent under a Medical Power of Attorney

3. The spouse

4. An adult child or parent

However, the court can name a guardian with lower priority or no priority when presented with good cause for appointment. 

To protect respondents, Colorado law balances essential care with the preservation of individual autonomy.

Recent legal standards and court oversight of guardians in Colorado have evolved to include: 

• Burden of Proof - Courts will ask for clear and convincing evidence of incapacity before granting a guardianship to ensure rights are removed only when absolutely necessary.

• Mandatory reporting - Guardians must file an “Initial Report/Care Plan” within 60 days of appointment and annual reports detailing the individual’s physical condition, living arrangements, and any medical or social services provided. 

• Bond requirements - To safeguard the ward’s financial assets, the court may require guardians to post a fiduciary bond. 

• Judicial monitoring - Judges and court-appointed visitors review mandatory reports to ensure the care plan is being followed, prompting a “show cause” hearing or the appointment of an investigator. 

• Personal contact - Guardians are legally obligated to maintain regular personal contact with the respondent to remain aware of their evolving needs, limitations, and preferences.

• Removal procedures - Any interested party, including the respondent, can petition the court to either modify or terminate guardianship if the individual's condition improves or the guardian isn’t acting in the individual’s best interest.

Clients are always eager to hear about the cost of guardianship in Colorado. While exact figures vary by case complexity, you can anticipate the following expenses: 

• Filing & initial fees - Includes court docket, statutory fees, and potential CAPS check fees paid by prospective guardians.

• Attorney’s fees - Guardianship attorney fees in Colorado will increase if an interested party contests your involvement. If the respondent hires an attorney, the estate typically pays for both legal counsels, provided the court deems the fees “reasonable.”

• Court visitor costs - Experts appointed by the court to interview the respondent and evaluate medical records—costs typically paid from the respondent’s estate. 

• Reporting costs - Annual reports on the respondent’s status are mandatory and incur ongoing expenses.

If the respondent has assets, the court generally directs that the majority of these fees be covered by the respondent’s estate rather than the petitioner.

Denver County Probate Court

Unlike other Colorado counties, the City and County of Denver has a dedicated probate court. This court has exclusive authority over all local estate and guardianship matters and operates with statewide enforcement powers for estate administration, wills, guardianships, conservatorships, and mental health adjudications. 

Navigating this specialized system requires strict adherence to local processes. For instance, Denver is a mandatory electronic filing court, so guardianship filing fees in Colorado still apply. While standard Judicial Department Forms (JDF) are typically accepted, Denver Probate Court has its own supplemental forms, like the DPC 8 Decedent’s Family Tree. 

Partnering with a Denver guardianship attorney who understands the specific preferences of Denver’s probate judges is a significant strategic advantage, as it will help you avoid procedural delays.

El Paso County (Colorado Springs)

El Paso County guardianship court matters are handled by the district court sitting in probate. Like most counties in Colorado, El Paso County’s probate court has exclusive jurisdiction over all local estate and guardianship cases. Although their authority is centralized, they have statewide enforcement power to oversee guardianships, conservatorships, wills, estate administration, and mental health adjudications. 

Compared to Denver, El Paso County guardianship court procedures for emergency appointments and court visitors may vary slightly in scheduling and availability. A Colorado Springs guardianship lawyer can help you navigate these local nuances.

While guardianship is an effective way to protect vulnerable people, its complexity and restrictive nature make professional guidance essential. At Robinson & Henry, our compassionate probate and estate planning attorneys help families in Denver, Colorado Springs, and throughout the state manage these transitions, focusing on: 

• Strategic planning - Helping you establish durable powers of attorney and living wills to avoid the need for court-ordered guardianship altogether.

• Case navigation - Guiding you through the rigorous CUGPPA requirements, from filing the initial petition and CAPS checks to submitting mandatory annual reports.

• Litigation oversight - Representing your interests in contested hearings or filing petitions to modify or terminate a guardianship where circumstances change. 

Find out if a guardianship or a less restrictive option is right for you. Call 303-688-0944 or book your consultation online to speak with a Colorado probate attorney now.

How long does a guardianship last in Colorado?

The duration of a guardianship depends on the type of appointment and the individual's age. A minor guardianship in Colorado ends when the individual turns 18, whereas an adult guardianship in Colorado varies depending on circumstances. An emergency guardianship in Colorado lasts no more than 60 days. 

Can guardianship be contested in Colorado?

Yes. The respondent or family members can contest the guardianship by arguing that the person isn’t incapacitated or that the proposed guardian is unsuitable. 

Does guardianship override a power of attorney?

Generally, yes. If a court appoints a guardian, that guardian’s authority may supersede a previously executed power of attorney, though courts often try to appoint the agent named. 

What is a limited guardianship in Colorado?

A limited guardianship grants the guardian authority only over specific areas of the respondent’s life, while the respondent retains rights in other areas. Colorado courts prefer this method to encourage self-reliance. 

Can a guardianship be terminated in Colorado?

Yes. A judge can revoke guardian duties under Colorado law if the custodian failed to fulfill their responsibilities, if abuse occurred, or if the individual no longer requires care. An interested party must file a petition to modify or terminate the guardianship.