More often than not, a loved one becomes gravely ill or incapacitated without proper pre-planning. Or perhaps pre-planning for such an event was incomplete or defective. A Denver probate attorney can step in and obtain orders from a Colorado probate court that allow you to act in the best interests of your loved one. This process may involve a guardianship, a conservatorship, or both.
Under a guaradianship, you are appointed to look after the health and welfare of the loved one. Under a conservatorship, you manage the financial affairs of the loved one. The same person may be appointed as guardian and conservator but this does not have to be the case and often a different person may be appointed for each task. As a guardian or conservator, you act as a fiduciary to your loved one (the protected person or “ward”).
Unless good cause is shown (such as physical incapacity for the foreseeable future), the person to be protected must be present at the final hearing on a guardianship or conservatorship. Effective, that person’s civil liberties are taken away in a guardianship. The person’s basic rights to manage his own financial affairs are taken away in a conservatorship. Accordingly, the court must ensure due process before such drastic steps are taken.
The litigators at Staggs Morris, P.C. are trial attorneys with thousands of hours of courtroom experience and are ready to assist you with guardianships, conservatorships, and other probate law matters. Contact us 24/7 via email for a prompt evaluation of your situation.