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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.
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.
Guardians are court-appointed individuals who assist with personal affairs, like living arrangements, medical treatment decisions, and personal care matters. While guardians may handle small amounts of money for their wards, a court will generally appoint a conservator for amounts over a specific threshold.
POWERS OF GUARDIAN: The powers that the court may transfer to the guardian of the person in full or in part include: the power to provide informed consent to voluntary or involuntary medical examination and treatment if it is in the ward's best interest. any other power the court specifically identifies.
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.
A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.
A Colorado parental (minor child) power of attorney grants a relative or close friend the ability to make decisions and care for a person's children on their behalf should they be away and unable to make decisions for them. This form is only valid for a maximum of 12 months.