Guardianship cases start in tender places: a daughter notices her father's unpaid bills stacking up in his Park Hill kitchen, or a family realizes their son with a developmental disability is about to turn eighteen — and they will no longer automatically make decisions for him.
Whiteford's Colorado team guides families through guardianship and conservatorship in Denver's courts — and, just as often, helps them plan so no court proceeding is ever necessary.
This page explains the difference between guardianship and conservatorship, what the Denver court process involves, and the planning tools that can keep these decisions inside the family.
Guardianship and conservatorship: the person and the property
In Colorado, a guardian makes personal decisions for someone — where they live, what care they receive, how daily life is managed. A conservator manages money and property. One person can hold both roles, or the court can split them, which often makes sense when the best caregiver is not the best bookkeeper.
These tools serve different groups. For minor children, guardianship arises when parents die or cannot parent — which is why naming a guardian in your will matters so much. For adults, guardianship and conservatorship respond to dementia, brain injury, serious mental illness, or a disability that continues past age eighteen.
What the Denver court process looks like
A family member petitions the court, notice goes to the person and close relatives, and a neutral court visitor interviews everyone and reports back. A hearing follows, where the judge decides whether appointment is warranted and who should serve. Colorado courts treat these as serious interventions in a person's liberty and look for the least restrictive option that meets the need.
Once appointed, guardians and conservators answer to the court on an ongoing basis — filing reports and, for conservators, accountings. Families are often surprised by this oversight, but it protects vulnerable people, and an experienced attorney makes the reporting routine rather than burdensome.
- Petitions for Denver residents are heard in Denver Probate Court, the state's only dedicated probate court
- A court visitor independently interviews the person, the petitioner, and caregivers before any hearing
- The person at the center of the case has the right to counsel and to object
- Contested cases — where relatives disagree about who should serve — benefit from early, calm legal guidance
- Court oversight continues after appointment through required reports and accountings
Planning that keeps the court out of it
Many adult guardianships exist only because no one signed documents earlier. A financial power of attorney and medical durable power of attorney, executed while a person has capacity, usually accomplish everything a court appointment would — privately, cheaply, and with the person's own chosen agent. For parents of children with disabilities, planning before the eighteenth birthday keeps the transition smooth.
If you are unsure what your family has in place, the free Colorado Estate Snapshot at /estate-snapshot takes minutes and shows the gaps. From there, a free Legacy Game Plan Session maps whether you need court relief now, documents to avoid it later, or both.
