As estate attorneys in Castle Rock helping families, we are asked frequently about guardianships and
conservatorships. This article provides you with basic information only. Pursuing or defending a
guardianship or conservatorship proceeding should be done with advice and counsel from an
attorney specializing in this area.
Both guardianships and conservatorships are designed to protect a person who has either a
legal disability (a minor child) or is incapacitated. Both proceedings are adversarial, meaning
they are legal proceedings against the person sought to be protected to take certain rights away
from them.
Guardianships and conservatorships are highly regulated proceedings governed by a
substantial statutory and legal framework. Both proceedings are designed to protect the person
subject to the proceeding in the least restrictive manner possible.
A guardianship takes away from the protected person his or her right to make decisions about
living arrangements and personal care. A legal guardian makes decisions about the protected
person’s health and body.
A conservatorship takes away from the protected person his or her right to deal with or manage
their own property. These are most common when a minor child receives an inheritance. A
minor child’s age constitutes a legal incapacity preventing them from owning property.
Frequently asked questions about guardianships and conservatorships:
These are some questions that we get about Guardianships and Conservatorships at our Law Firm in Castle Rock:
If I want a conservatorship to protect my parent with dementia, am I really suing them?
Yes, you are. Both guardianships and conservatorships are adversarial proceedings. This
means that you are bringing a legal action in court to remove decision-making authority from
your parent with dementia.
Is the protected person entitled to their own lawyer?
Yes, the person sought to be protected by either guardianship or conservatorship is entitled to
their own attorney. They can defend against the legal proceeding and seek to have your action
denied or limited.
In some cases, the court may appoint other professionals to advise the court about the
protected person’s status. This might include a guardian ad litem or other experts to advise the
court.
Are guardianships and conservatorships expensive?
They can be. Some people pursue guardianships or conservatorships without attorneys even
though that is not advised. Proceeding without an attorney could result in saving you some
money but may prevent you from getting the result you are seeking.
Generally, both guardianships and conservatorships are expensive because they are
adversarial proceedings in court against the protected person. In addition, the guardian or
conservator will have periodic reporting obligations to the court. Properly preparing these
reports and filing them with the court incurs more costs and attorney’s fees.
When the proceeding is contested by the protected person or others, the process is protracted
and very expensive.
Why are proceedings for guardianship or conservatorship adversarial?
Since the imposition of either guardian or conservator involves taking rights away from the
protected person, the law is structured to protect those rights. Specific showings and evidence
must be provided to the court demonstrating the need for a guardian or conservator. The law is
complex and the process is designed to protect the person whose rights are being restricted or
taken away.
Due to the legal complexity and strict laws regulating guardianships and conservatorships, we
recommend that you obtain expert legal guidance before proceeding with this process.