Yes, a family member can get a guardianship even if she is married. In Colorado, under Colorado Revised Statute § 15-14-311, the court may appoint a limited or unlimited guardian if it finds that your sister is an incapacitated person and her needs “cannot be met by less restrictive means.” If the court determines that a guardianship is necessary, the court will decide who should be appointed as guardian to act on your sister’s behalf according to the court’s order.

The order of priority for appointing a guardian is outlined under C.R.S. § 15-14-310 and is as follows:

1. Current Guardian: A guardian currently acting for your sister in this state or elsewhere.

2. Nominee by the Respondent: A person your sister has nominated, such as in a durable power of attorney.

3. Medical Agent: A person named in a medical durable power of attorney.

4. Financial Agent: A person named in a general durable power of attorney.

5. Spouse: Your sister’s spouse, or a person nominated by a deceased spouse.

6. Civil Union Partner: Your sister’s partner in a civil union or someone nominated by a deceased partner.

7. Adult Child: An adult child of your sister.

8. Parent: A parent of your sister, or someone nominated by a deceased parent.

9. Close Associate: An adult with whom your sister has lived for at least six months before the filing of the petition.

The court has discretion to bypass someone with higher priority if there is good cause to do so and may appoint someone with lower or no priority if it is in the best interests of the incapacitated person.

It’s important to note that guardianship proceedings are a type of probate matter in Colorado, not a family law case. This means you should consult with a guardianship attorney who specializes in probate matters. If you would like to speak with one of our experienced guardianship attorneys, please contact us at (303) 688-0944.

For more information, read our legal guide "Our Colorado Probate Lawyer’s Guide to Guardianships: Keeping Vulnerable People Safe."