What is a guardianship in Colorado?

A guardianship is a court-imposed relationship either for a minor or an incapacitated person. Unless limited by the court who makes the appointment, a guardian for a minor legally steps into the role of a parent, and both a guardian for a minor or one for an incapacitated person are legally responsible for that person’s support, care, education, health, and welfare. Both types must also act in the minor/incapacitated person’s best interests, exercising reasonable care, diligence, and prudence, among other duties. See C.R.S. §§ 15-14-207 and 314 for more information.

When does a guardianship end in Colorado?

A guardianship for a minor ends when the person is no longer a minor (so long as they are not also incapacitated). But “minor” means something different for guardianships than it does in general. For a guardianship, a “minor” is someone who is (1) not emancipated, (2) not married, and (3) not yet twenty one years old. This means a guardianship of an otherwise capacitated minor ends at age 21 unless the minor gets married or becomes legally emancipated before then. See C.R.S. § 15-14-102.

For an incapacitated person, a guardianship terminates automatically at death or by court order, after a hearing showing that the person no longer needs the guardianship. See C.R.S. § 15-14-318.

How does a minor become emancipated in Colorado?

Legal emancipation in Colorado is a bit nuanced, but some events that could render a minor legally emancipated are as follows:

·       Joining the military/armed forces;

·       Living on their own and supporting themselves financially;

·       Supporting themselves financially and conducting their lives completely independently;

·       Receiving a court order of emancipation;

·       Getting married

What does incapacitated mean for purposes of a guardianship?

An incapacitated person is someone who is unable to effectively receive or evaluate information, make decisions, or communicate decisions to such an extent that they are no longer able to maintain physical health, safety, or self-care (even with technological assistance). See C.R.S. § 15-14-102.

Do you or someone you know need to terminate a guardianship?

We at Gant Law, LLC are skilled at both opening, limiting, and terminating guardianships. Give us a call today and we will be happy to guide you through this process.