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Guardianship Your Premier Colorado Attorneys

Greeley, CO Guardianship Attorneys

In the state of Colorado, the court has the authority to assign a guardian for individuals who are either minors or deemed incapacitated adults. These individuals are referred to as "wards." The rules governing guardianships vary depending on whether the ward is a minor or an incapacitated adult.

An individual who is the subject of a guardianship proceeding is known as the "respondent." Once the court determines a person to be incapacitated, they are referred to as a "ward" if a guardian is appointed. 

Having a lawyer for a guardianship case in Colorado is highly recommended due to the complex legal processes involved. Guardianship cases require a thorough understanding of the relevant laws, regulations, and court procedures. A lawyer can assist in preparing the necessary legal documents, such as the petition for guardianship, supporting affidavits, and other required forms. 

A lawyer can represent you in court proceedings, presenting your case effectively and advocating for your interests. They have experience handling guardianship hearings, providing arguments, examining witnesses, and addressing legal challenges.

At Peek Goldstone, LLC, our experienced guardianship lawyers can provide all the above services to help you seek or contest guardianship in Greeley, Erie, and the surrounding areas. 

Reserve your confidential consultation with a Greeley guardianship attorney by calling us at (970) 352-8611. You can also contact us online. 

Guardianships for Incapacitated Adults

According to the Colorado Probate Code, an incapacitated adult is an adult who lacks the ability to receive or evaluate information, make decisions, or communicate effectively. This inability extends to a point where the individual cannot meet essential physical health, safety, or self-care requirements, even with appropriate and reasonably available technology.

Determining incapacity requires a functional analysis and should not be solely based on a specific diagnosis, although the court will consider such information. The critical consideration is whether the person can decide in their best interest regarding their affairs. For instance, if an adult has been diagnosed with mild dementia but can still make sound decisions regarding their personal affairs, they would not require guardianship, and a guardian would not be appointed.

What Is the Difference Between a Guardian & a Conservator in Colorado?

Colorado makes a distinction between a guardian and a conservator. 

According to the Colorado Probate Code, a guardian is appointed by the court to make decisions regarding a ward’s personal affairs and well-being. This includes decisions related to healthcare, living arrangements, and other personal matters. The guardian must act in the ward’s best interests and meet their physical and emotional needs.

The court appoints a conservator to handle financial matters on behalf of a “protected person.” The conservator is responsible for managing the protected person's assets, paying bills, making investments, and handling other financial transactions. They ensure that the protected person's financial affairs are managed properly and in their best interests.

Sometimes, the court may appoint the same person to serve as both the guardian and conservator if it is deemed necessary and in the protected person’s best interests.

Who Can Be a Guardian in Colorado?

Any person concerned about an adult’s well-being can file a guardianship case and potentially become a guardian. The court has the authority to appoint a guardian for a minor or an adult. Generally, any person who is 21 years or older may be appointed as a guardian.

Types of Guardianships

Limited and emergency guardianship are two distinct types of guardianships with specific purposes.

Limited Guardianships

A limited guardianship is established when a court determines that an individual is partially incapacitated and unable to manage some aspects of their life but still retains certain rights and abilities. In limited guardianship, the court grants the guardian authority over only specific areas of the person's life where they require assistance or support.

The scope of limited guardianship can vary based on the individual's needs. For example, the court may grant the guardian decision-making authority in areas such as healthcare, finances, or housing, while allowing the person to retain decision-making power in other aspects of their life.

Limited guardianship aims to balance protecting the individual's rights and autonomy while providing necessary support or protection in specific areas where they are deemed incapacitated.

Emergency Guardianships

An emergency guardianship is a temporary measure put in place when there is an immediate need for a guardian to act on behalf of an individual due to urgent circumstances. Emergency guardianships are typically granted when there is a risk to the person's health, safety, or well-being and insufficient time to follow the regular guardianship process.

The basis for emergency guardianship is an imminent threat or danger requiring immediate intervention. It may be granted without a full hearing or notice to interested parties, but it is subject to subsequent review by the court.

Emergency guardianships are designed to provide expedited decision-making authority to protect the individual from harm until a more comprehensive evaluation and determination regarding a long-term guardianship arrangement can be made.

Guardianships for Minors

A guardian for a minor is appointed to make decisions on behalf of a child who is under the age of 18. On the other hand, a guardian for an incapacitated adult is appointed to make decisions for an adult who has been deemed legally incapacitated by the court due to physical or mental limitations.

The guardianship of a minor automatically ends when the child turns 19 years old. A guardian for a minor typically has broader decision-making authority, including decisions related to education, healthcare, and general welfare. Guardianships for children often require regular reports to the court.

Both guardianships are subject to court oversight, but the level of scrutiny may vary. The legal requirements and responsibilities for guardianship can vary based on individual circumstances and court decisions.

Turn to Peek Goldstone, LLC for Experienced Guardianship Representation

Our firm has been a stable resource for individuals and families in Greeley, Erie, Weld, and Boulder counties for decades. 

If you need legal assistance with any aspect of guardianship or conservatorship, we can help. Representation from one of our team provides peace of mind and legal experience and increases the likelihood of a successful outcome in these cases. 

Call (970) 352-8611 for legal help today. 

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    Brian Klein and Brie Garhart were just outstanding with my case. Throughout the process they listened to my concerns and worked hard to get the outcome that was more than satisfactory for me. They were with me all the way calming my fears and at the end celebrating the outcome. So glad to have met them both and to have had the opportunity for them to work on my case and I call them friends.
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    Amanda Peek and Scott Goldstone are the absolute best in Colorado!!!! I could not ask for better attorneys. Thank you everyone on the Peek Goldstone team for all of the hard work you do. You all are awesome! Mr. Scott Goldstone has been my attorney since 2015. During the storms I have had to go through in order to have a relationship with my son, Scott has flawlessly guided and advised me through it all. I had the chance to work with Amanda as well, and she is just as wonderful as Scott. I would not be where I am at today with my son if it wasn't for Scott and Amanda. Thank you both so much for everything you have done and are continuing to do for my son and I. I am very grateful to have the both of you in my life. A huge shout out to all of the paralegals and other staff members working for the law office of Peek Goldstone. Everytime I call the office, you are very professional and helpful! Anybody reading this review that is in need of a family lawyer, Scott and Amanda are the attorneys for you. The investment in their team is worth every penny.
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    Having received poor advice from a different law office and attorney, I was feeling distressed due to the criminal charges made against me. Seeing an ad for Peek Goldstone in my local paper, I gave them a call. Right from the initial consultation I knew I had found the right person for the job! Brian Klein treated me with respect and was nothing short of brilliant in his ability to leave no stone unturned in order to represent me in the best possible light. Will you have to pay for his services? Yes. Will it be worth it? Yes! I highly recommend Brian Klein at Peek Goldstone for your criminal case.
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    Brian Klein and Brie Garhart were just outstanding with my case. Throughout the process they listened to my concerns and worked hard to get the outcome that was more than satisfactory for me. They were with me all the way calming my fears and at the end celebrating the outcome. So glad to have met them both and to have had the opportunity for them to work on my case and I now call them friends.
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    Amanda was the most knowledgeable, considerate, and professional lawyer I’ve ever met (along with Stan). We went through years of custody court and couldn’t be more pleased with her service! I recommend Peek law firm to anyone who asks!
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      Throughout my divorce and custody proceedings Scott has offered excellent legal advice and ensured that I was well informed of my options and the next steps in the process. He has provided realistic expectations and treated myself, as well as my family, with respect and understanding.

      Scott is very knowledgeable and easy to talk to. I strongly recommend Scott to anyone in need of high- caliber legal representation.

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      I have quite a bit of experience with legal representation, having been involved in family court for over 8 years as the petitioner in divorce and custody proceedings. I have personally had 4 different attorneys. Scott Goldstone is, by far, the best counsel I have ever had. He is aggressive when needed, thorough, he explains everything to you in ways you can comprehend, and above all he is caring and compassionate, Scott truly cares.
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      "Amanda Peek and Scott Goldstone are the absolute best in Colorado!!!!"
      Amanda Peek and Scott Goldstone are the absolute best in Colorado!!!! I could not ask for better attorneys. Thank you everyone on the Peek Goldstone team for all of the hard work you do. You all are awesome! Mr. Scott Goldstone has been my attorney since 2015. During the storms I have had to go through in order to have a relationship with my son, Scott has flawlessly guided and advised me through it all. I had the chance to work with Amanda as well, and she is just as wonderful as Scott. I would not be where I am at today with my son if it wasn't for Scott and Amanda. Thank you both so much for everything you have done and are continuing to do for my son and I. I am very grateful to have the both of you in my life. A huge shout out to all of the paralegals and other staff members working for the law office of Peek Goldstone. Everytime I call the office, you are very professional and helpful! Anybody reading this review that is in need of a family lawyer, Scott and Amanda are the attorneys for you. The investment in their team is worth every penny.
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      Laura has been knowledgeable and professional in preparing our estate docs. She took the time to listen to our story and cared about our situation.
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      "Brian Klein and Brie Garhart were just outstanding"
      Brian Klein and Brie Garhart were just outstanding with my case. Throughout the process they listened to my concerns and worked hard to get the outcome that was more than satisfactory for me. They were with me all the way calming my fears and at the end celebrating the outcome. So glad to have met them both and to have had the opportunity for them to work on my case and I now call them friends.
      - Dan A.