A guardian is a responsible adult with the legal authority to care for a vulnerable person. Parents are the most common and best-known guardians. They have numerous obligations to their children until they become adults themselves.
When parents die prematurely, they can use their estate plan to name a guardian to take over their responsibilities until their children are adults. Occasionally, a guardian is necessary for the protection of someone who is technically an adult already. The law in Colorado does allow the courts to appoint guardians for vulnerable adults under relatively unusual circumstances.
When someone has a disabling medical condition
Sometimes, adult guardianship is obviously necessary. A young adult who is about to turn 18 may have a congenital condition or an acquired medical disability that renders them incapable of living independently. Parents worried about a child about to age out of parental support can request guardianship to continue managing the young adult’s affairs even after they turn 18.
When someone’s condition declines significantly
Those who have lived independently may sometimes require the support of a guardian. In some cases, a sudden injury may leave someone incapable of independent living. A car crash or fall from a significant elevation could leave someone with a traumatic brain injury that makes independent living impossible.
Other times, the consequences of advanced age are what make guardianship necessary. Age-related cognitive decline or dementia associated with Alzheimer’s disease could make it unsafe for an adult to continue managing their affairs without support. Occasionally, mental health disorders like schizophrenia may render someone incapable of acting in their own best interests.
Family members and other concerned adults worried about someone’s ability to live independently can take the issue to the Colorado courts. If there is medical evidence or witness testimony affirming how vulnerable someone is, the courts may make that person a ward and name a competent adult to serve as their guardian.
Filing a lawsuit is part of the process of seeking an involuntary guardianship. A filer must prove that there is reason for concern and that they can assume responsibility to care for a vulnerable party. People who have the right support are more likely to succeed when they try to intervene for the protection of a vulnerable adult.