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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.
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 guardian usually is allowed to manage the ward's government benefits if there is no conservator. The guardian should make decisions after consulting with the ward, taking into account the ward's wishes and personal values, to the extent that it is reasonably possible to do so.
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.
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.
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.