In this case, when a loved one is no longer able to care for themselves mentally and physically do you know what to do? What if a loved one is not able to make financial decisions? If you are facing this situation, contact a Denver guardianship and conservatorship lawyer at Phillips & Blow, PC today. Our experienced guardianship attorneys can help you navigate complex legal issues concerning guardianships and conservatorships. They can assist you in protecting your loved one’s best interests in Denver, CO. Call us at (303) 741-2400, or reach out to us online.
At Phillips & Blow, PC, we are skilled in using a variety of approaches to develop unique solutions that meet your objectives and needs.
Our lawyers have more than 20 years of experience handling all matters of estate law, including guardianships and conservatorships.
What is the Definition of Guardianship and Conservatorship?
A guardian is a person who has been appointed by the court to make health care decisions for someone else. The guardian is an individual who can assist in living arrangements, protection, supervision, and medical treatment.
A conservator is a person who has been appointed by the court to make financial decisions for someone else. The conservator manages the estate of a protected person who is the individual for whom a conservator has been appointed.
An incapacitated person is one who is unable to effectively receive or evaluate information. You would need a guardianship if someone is unable to make or communicate decisions to the extent of lacking the ability for self-care or physical health and safety.
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:
Taking care of a parent who has Alzheimer’s or dementia
To resolve family disputes over the care of a parent
To be able to manage personal injury settlements or inheritances for minor children
For care of 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 a Denver attorney. On the bright side, our lawyers understand the laws of these situations. For instance, we understand the human side of these difficult situations. We can help you get appointed as a conservator and guardian. Our attorneys help you get through these difficult times as easily and reasonably as possible.
What Are Your Responsibilities As a Guardian or Conservator?
In addition, when obtaining a guardianship or conservatorship of a loved one, you become that person’s fiduciary. As a guardian or conservator, you must act on that person’s best interest. For instance, you must also be able to uphold your responsibilities. These responsibilities specifically 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
Usually, you do not have to use your own funds as a guardian or conservator. We will work with you on what bills may be paid from the deceased’s estate. To summarize things up, we work to obtain reimbursements for the money you have already spent.
Alternatives to Guardianship or Conservatorship
Our guardianship lawyer also prepares 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. Usually a person can only get a power of attorney if he or she has the legal capacity.
How to Avoid Having You and Your Assets Placed In Guardianship or Conservatorship
In any case, obtaining a guardianship or conservatorship may not be the best course of action for everyone. On the bright side in some cases it is possible to avoid guardianship or conservatorship with proper estate planning. You should prepare a plan with the help of a Denver estate planning lawyer while a person still has the mental and physical capacity. Possible solutions may include:
After a free consultation with no obligation, our Denver guardianship and conservatorship attorneys can recommend the best solutions in your particular case.
Call Our Denver Guardianship and Conservatorship Lawyer Today
At our firm, our Denver guardianship and conservatorship lawyer is open and transparent in our communication. We 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 at (303) 741-2400. Or fill out the contact form on this website to schedule a no-cost, no-obligation consultation.
From our offices in Denver, we serve clients throughout the southwest and southeast Metro Area, including (but not limited to) people in Highlands Ranch, Littleton, Castle Rock, Parker, Aurora, Greenwood Village, Englewood, Centennial, Wheat Ridge, Golden and Arvada.