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Denver Guardianship and Conservatorship Attorney

Sometimes it is necessary to step in when a loved one can no longer care for himself or herself properly or make financial decisions. If you are facing this situation, contact a Denver guardianship and conservatorship lawyer at Phillips & Blow, PC today. Our experienced attorneys can help you navigate complex legal issues concerning guardianships and conservatorships and assist you in protecting your loved one’s best interests. Call us at (303) 741-2400, or reach out to us online.

Why Choose Phillips & Blow, PC?

  • We take a client-centered approach to the services we provide and strive to address the entire family dynamic.
  • We are skilled in using a variety of traditional and innovative approaches to develop unique solutions that meet your objectives and needs.
  • We have more than 20 years of experience successfully handling all matters of estate law for our clients, including guardianships and conservatorships.

Guardianship and Conservatorship Definitions

  • A guardian is a person or entity appointed by the court to make decisions concerning the person of a ward (individual for whom a guardian has been appointed) in matters such as living arrangements, protection and supervision, and medical treatment.
  • A conservator is a person or entity appointed by the court to make financial decisions for and manage the estate of a protected person (individual for whom a conservator has been appointed).
  • An incapacitated person is one who is unable to effectively receive or evaluate information, or make or communicate decisions to the extent of lacking the ability to satisfy essential requirements for self-care or physical health and safety, even with appropriate and reasonably available technological assistance.

How Does Guardianship and Conservatorship Work?

Not all of us can manage our affairs for all of the days of our lives. For minors, the disabled, or the elderly, society has provided a mechanism to protect our most vulnerable citizens. This is accomplished through a court-appointed person who manages the assets (known as a conservator) and/or manages the person (known as a guardian).

Why Would You Need to Obtain Guardianship or Conservatorship?

At the law firm of Phillips & Blow, PC, a Denver guardianship and conservatorship lawyer can help clients in the south Denver metro area and throughout Colorado obtain the legal authority to take care of loved ones in situations such as the following:

  • To take care of a parent who has Alzheimer’s or dementia
  • To resolve family disputes over the care of a parent
  • To manage personal injury settlements or inheritances for minor children
  • To care for an adult disabled child

These laws are specific, technical and exacting, and require appearances in court. To become someone’s guardian or conservator, you need an attorney who understands both the law and the human sides of these difficult situations and then can do something about it. We help you get through these difficult times as easily and reasonably as possible.

What Are Your Responsibilities As a Guardian or Conservator?

When you obtain guardianship or conservatorship of a loved one, you become that person’s fiduciary. This means you are ethically and legally bound to act in your ward or protected person’s best interests. You are obligated to diligently uphold your responsibilities, which may include:

  • Deciding where the person will live
  • Arranging personal care
  • Maintaining contact with doctors and other care providers
  • Overseeing the person’s bank accounts
  • Paying bills and filing income tax returns
  • Handling a protected person’s real estate and tangible property
  • Completing paperwork on the person’s behalf

Typically, you are not required to use your own funds in your capacity as a guardian or conservator. We can help determine what costs can be paid from the person’s estate and work to obtain reimbursement for the money you have already spent.

Alternatives to Guardianship or Conservatorship

Our guardianship attorneys also prepare special needs trusts to provide assets to an incapacitated person without making him or her ineligible for governmental programs such as SSI, SSDI, and Medicaid. In many cases, powers of attorney can provide the legal authority you need to take care of a vulnerable family member without the need for guardianship or conservatorship. However, a person can only complete a power of attorney designation if he or she has the legal capacity to do so.

How to Avoid Having You and Your Assets Placed In Guardianship or Conservatorship

Although it may not be the best course of action for everyone, in some cases it is possible to avoid guardianship or conservatorship with proper planning. It is important to note that planning must be completed while a person still has sufficient mental and physical capacity. Possible solutions may include:

  • Creating and funding a trust
  • Establishing a living will
  • Creating a property power of attorney

After a free consultation with no obligation, we can recommend the best solutions in your particular case.

Call Denver Guardianship and Conservatorship Lawyer Today

At Phillips & Blow, PC in Denver, we are open and transparent in our communication and believe in providing all the information our clients need to make the best decisions that lead to the best outcomes. If you are dealing with a guardianship or conservatorship matter, call us as soon as possible at (303) 741-2400 or fill out the contact form on this website to schedule a no-cost, no-obligation consultation.

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