As parents age, it’s natural for adult children to become concerned about their well-being. When an aging parent begins to struggle with managing their finances or personal care, guardianship might be suggested as a solution.
Guardianship is a serious legal arrangement that removes certain rights from the individual in question. In Colorado, the process involves courts deciding whether the person is effectively incapacitated and needs a guardian to make decisions for them.
What happens if an aging parent refuses guardianship?
Legal right to refuse guardianship in Colorado
An older parent in the Centennial State can refuse guardianship, as the state offers several safeguards to help ensure that a person’s rights are protected throughout the guardianship process. State courts require substantial evidence before declaring someone incapacitated. Even if a family member or caregiver petitions for guardianship, the person subject to the petition (known as the “respondent”) has the right to contest it.
The court also evaluates whether there are alternatives to guardianship that would allow the individual to retain some control over their life. If an aging parent can still make some decisions, family members might want to consider alternatives, such as a durable power of attorney or a healthcare proxy, instead.
How the court determines capacity
Suppose an aging parent refuses guardianship; the court will carefully assess their mental and physical capacity. This process often involves evaluations from medical health providers and social workers. The court must determine if the respondent:
- Understands their situation and the potential risks of not having a guardian
- Can communicate and make decisions that align with their interests
- Can manage personal care and finances with or without support
The court will only appoint a guardian if it concludes that the aging parent is truly unable to care for themselves and that guardianship is in their best interest. Even in cases where guardianship is granted, the court may impose limited guardianship, allowing the person to retain some decision-making power.
Adult children who are considering guardianship for an aging parent should consider enlisting knowledgeable legal guidance and exploring alternatives before involving the courts. Guardianship can be a helpful tool, but it comes with significant responsibility and consequences. Helping to ensure that an aging parent’s rights are respected and their wishes are heard is key to navigating this challenging situation.