Becoming a legal guardian is a serious and often compassionate decision that gives you the legal authority to care for someone who cannot fully care for themselves—whether a child, an elderly adult, or a person with disabilities. In Colorado, the guardianship process is court-supervised and governed by strict laws to ensure the person being protected, known as the “ward,” is treated with dignity and respect. If you're considering taking on this responsibility, here’s what you need to know—and why working with a Colorado guardianship lawyer is often the best way to ensure the process goes smoothly.

What Is Legal Guardianship in Colorado?

Legal guardianship in Colorado is a court-appointed relationship where one person (the guardian) is given the legal authority and duty to make personal and/or medical decisions for another person (the ward). This typically happens when the ward is a minor without parental care or an incapacitated adult unable to make decisions about their daily life, medical care, or living arrangements. It's important to understand that guardianship is not the same as custody (which typically applies in family law disputes) or power of attorney (which requires the person to willingly delegate authority). Guardianship steps in when a person cannot legally or mentally make that choice for themselves.

Types of Guardianship in Colorado

Before starting the legal process, it helps to know the types of guardianship available:

Minor Guardianship: Applies when a child under 18 needs a non-parent to step in due to death, neglect, or absence of the legal parents.

Adult Guardianship: Applies when an adult is determined to be incapacitated and unable to care for their own health, safety, or welfare.

Emergency or Temporary Guardianship: A short-term solution used in urgent cases, often lasting only 60 days or less, until a permanent guardian can be appointed.

A qualified Colorado guardianship lawyer can help determine which type of guardianship fits your specific situation and ensure that all legal requirements are met from the start.

Step-by-Step: How to Become a Legal Guardian in Colorado

Step 1: Determine Eligibility

To be appointed as a guardian in Colorado, you must be at least 21 years old and capable of fulfilling the responsibilities of guardianship. The court will assess your suitability by reviewing your background, character, and relationship to the ward.

Step 2: File a Petition with the Probate Court

The guardianship process begins by filing a Petition for Appointment of Guardian with the probate court in the county where the ward resides. For minor guardianships, this is typically filed in the juvenile court, while adult guardianship petitions go through the probate division.

Your petition must include:

The reason for guardianship

Information about the proposed ward

Your qualifications as guardian

Names and addresses of interested parties (such as family members)

A Colorado guardianship lawyer can help ensure the petition is properly completed and all necessary supporting documents are included.

Step 3: Notify Interested Parties

Once the petition is filed, you are required to serve notice to all interested parties, including the proposed ward (if capable), family members, and anyone currently holding a legal interest in the person's care. This notice gives others the opportunity to object to the guardianship or suggest alternatives.

In adult guardianship cases, the court may also appoint a court visitor or guardian ad litem to evaluate the situation and make a recommendation.

Step 4: Attend the Court Hearing

A judge will hold a formal hearing to review the petition and any objections. If the proposed ward is an adult, the court must find them “incapacitated” under Colorado law. This typically involves reviewing medical records, psychological evaluations, or statements from professionals.

If the judge finds that guardianship is in the best interest of the ward, they will issue an Order of Appointment and provide Letters of Guardianship, which legally authorize you to act on behalf of the ward.

Step 5: Carry Out Guardian Responsibilities

As a guardian, your duties may include:

Making decisions about health care, education, and living arrangements

Ensuring the ward’s basic needs are met

Keeping records of decisions and expenditures

Submitting annual reports to the court on the ward’s condition

Failure to meet these responsibilities can result in removal as guardian or legal penalties. That's why having ongoing legal guidance from a Colorado guardianship lawyer can help ensure you stay compliant and protect the ward’s best interests.

How Long Does the Process Take?

The timeframe varies depending on the type of guardianship and whether any objections are raised. In uncontested cases, the court can appoint a guardian in as little as 4 to 8 weeks. Emergency guardianship orders can be issued within a few days, but are temporary and must be followed by a full hearing.

Common Challenges in the Guardianship Process

Disputes among family members

Disagreement over who should be appointed

Difficulty proving incapacity

Court delays or paperwork errors

These issues can slow the process or jeopardize your petition. If you're facing any of these hurdles, a Colorado guardianship lawyer can help mediate disputes, gather proper documentation, and advocate for your position in court.

When to Contact a Colorado Guardianship Lawyer

While some people try to navigate the guardianship process on their own, the legal requirements, paperwork, and potential for conflict can be overwhelming. An experienced attorney can:

Help you file a clear, persuasive petition

Ensure all deadlines and notices are met

Represent you in court hearings

Provide ongoing legal advice after appointment

Whether you're seeking guardianship of a minor grandchild, an aging parent, or a disabled adult child, a Colorado guardianship lawyer will guide you through the process with care, clarity, and legal precision.

Final Thoughts

Becoming a legal guardian in Colorado is a meaningful way to protect someone who cannot protect themselves. It also comes with serious legal and ethical responsibilities. Understanding the steps and working with the right professionals can ensure you’re acting in the best interest of the person you want to help.

If you’re ready to pursue guardianship or just need legal guidance before starting, don’t hesitate to consult a Colorado guardianship lawyer. The right advice today can make all the difference for you—and for the person you’re trying to protect.