The Difference Between Guardianship and Conservatorship in Colorado

Guardianship for Adults

An adult’s guardian is responsible for the ward’s well-being and personal care, including medical treatment, living arrangements, and the support or supervision the ward receives. The guardian can manage small amounts of money for the ward’s support. When the ward’s finances need more than that, the court appoints a conservator.

After appointment, the guardian must file the reports the court requires, including a care plan and periodic reports on the ward’s condition and activities. The court monitors the case until it ends.

Guardianship for Minors

A minor’s guardian takes on the duties of a parent: protection, care, living arrangements, health, and education. That includes signing school and medical consents and arranging transportation, food, clothing, and other daily needs.

A child 12 or older has a voice in who serves. If a parent named a guardian by will or other signed writing, a child 12 or older must consent, and if the child refuses, the court decides the appointment itself.² When the court appoints a guardian, it must appoint the child’s own nominee unless that would be contrary to the child’s best interest.³

A minor’s guardianship ends when the minor dies, is adopted, is emancipated, or reaches majority at 18, or when the court orders it. A guardianship created under the special provision for a minor who cannot reunify with a parent can continue to age 21.⁴

What Is Conservatorship?

A conservator is appointed to manage the estate of a protected person, meaning their money, property, and financial affairs.⁵ The protected person may be an adult who cannot manage their finances or a minor who has money or property that needs managing.

The court can limit a conservator’s powers to particular assets or tasks. That limited conservatorship is often the right fit when the protected person can still handle day-to-day spending.

Conservatorship for Adults

An adult’s conservator pays bills, collects income and benefits, manages investments and property, and keeps the protected person’s home in order if they move to a care facility. If the protected person owns a business, the conservator may continue or help run it.

Conservatorship for Minors

A minor’s conservator manages and invests the minor’s money prudently for the minor’s benefit. Minors often need one after receiving an inheritance, a life insurance payout, or a settlement in their own name.

Whether a conservator is required, and how titled property such as real estate is handled, depends on the amount and the source of the asset. A minor’s conservatorship ends when the protected person turns 21, unless it was created for a reason other than age.⁶

Families often file for the wrong appointment, or for both when one would do. Johnson Law Group offers a no-pressure consultation to sort out which your situation calls for, so schedule a consultation before you start the paperwork.

Who Can Serve, and What the Court Requires

Courts often favor close relatives, but a friend or a professional fiduciary can also serve. A professional is common in conservatorships when no trusted person is available or the estate is complex.

For an adult, the person seeking appointment must be at least 21 and file a petition with evidence of the respondent’s incapacity.⁷ The petitioner also provides identification, a criminal history check, and a credit report.

For a minor, the parents must consent, or their rights must have been terminated or suspended, or the circumstances must otherwise justify appointment.

Does a Guardianship or Conservatorship Override a Power of Attorney?

A power of attorney is a private document, while a guardianship or conservatorship is a court order. An appointment can limit or suspend an agent’s authority, but it does not always do so automatically.

If someone already holds a financial or health care power of attorney, tell the court in the petition. You can ask the court to clarify how the agent and the guardian or conservator will work together, or whether the power of attorney should end.

How Appointment Works

The petition is filed in the county where the respondent lives, and copies are served on the respondent and other interested persons. At the hearing, the petitioner explains why the appointment is needed and presents evidence, often medical records. If the court finds no need, the case is closed.

If the court appoints a guardian or conservator, that person files an Acknowledgment of Responsibilities before Letters are issued.⁸ A Notice of Appointment must then be served on everyone who received the petition, including the ward or protected person.⁹

Alternatives to Guardianship and Conservatorship

Colorado’s Office of Public Guardianship lists alternatives that may meet the need with less court involvement.¹⁰ They include limited guardianships or conservatorships, joint accounts, representative payees, living wills, supported decision-making, trusts, care management services, and durable powers of attorney for finances or health care.

These can be combined. A durable power of attorney signed while a person still has capacity is often the simplest way to avoid a court case later.

The attorneys at Johnson Law Group help families choose between guardianships, conservatorships, and the alternatives and will give you a clear read on which fits. Schedule a free consultation through our Colorado offices, and we will serve as your North Star from here.