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Guardianship is determined through a court process. Guardians are appointed and overseen be a court. Guardians are responsible for protecting the person and a Conservator is responsible for protecting money and property of the protected person. In Colorado, the law separates a guardianship and a conservatorship.
Any person who is concerned about the well-being of the adult can file a guardianship case. You must be at least 21 years old to be the guardian for an adult. You can ask the court to name you as the guardian, or you can ask the court to name someone else who is at least 21 years old.
You must mail or hand-deliver a copy of JDF 888 Petition for Termination of Conservatorship to the Protected Person (if they are at least 12 years old) and all other interested persons. After mailing or hand-delivering a copy, fill out the Certificate of Service part of the form and file it with the court.
A guardianship is an exclusive power, so it takes away the parent's rights to make decisions for the child and gives that authority to the guardian, within the scope of the guardianship order, until the guardianship is modified or terminated. Guardianship does not terminate the parent's parental rights.
The registration of an out-of-state guardianship may be filed in any appropriate county in Colorado. The registration of an out-of-state conservatorship may be filed in any Colorado county in which property belonging to the Protected Person is located.
The duration of a guardianship will depend on several factors, including the age and health of the ward. In general, guardianships for minors come to an end when minors turn 18. For vulnerable or incapacitated adults, guardianships can last until death or until the court terminates the legal relationship.
A conservatorship case is started by the filing of a Petition for the Appointment of Conservator by the petitioner in the place where the incapacitated person resides, or, if he or she does not reside in Colorado, any place where he or she has property. Typically, the two petitions are filed at the same time.