Guardianship in Colorado: Planning Guide

The best plan for guardianship in Colorado is usually the one that makes a guardianship unnecessary. While you have capacity, you can sign a durable power of attorney for your money and property and a medical durable power of attorney for your health care, and those documents let a person you chose act for you without a court case. Colorado goes one step further than many states: you can also nominate your own future guardian and conservator inside those documents, and the court must give your nominee priority if a case is ever filed. If no plan exists and you can no longer make decisions, a family member or another interested person may have to ask a court to appoint a guardian or conservator. The rules live in the Uniform Guardianship and Protective Proceedings Act, C.R.S. 15-14-101 and the sections that follow, in Title 15 of the Colorado Revised Statutes.

Use this Colorado guardianship planning guide as a plain-language map, not as a fill-in form. The right plan depends on your health, your family, and your assets. A Colorado attorney can build a plan around your situation, and this page is here to help you ask better questions.

One point sets the boundary for this whole site: guardianship and conservatorship deal with a living person who cannot manage on their own. They are not probate. When a person dies, the guardian's and conservator's authority ends, and a separate process begins. In Colorado, both guardianship cases and probate cases run through the district court of the proper county, except in the City and County of Denver, where the standalone Denver Probate Court hears them. (Source: C.R.S. 15-14-102(3).) For the after-death side, see the Colorado probate guide.

Guardian and Conservator Are Two Different Roles

Colorado splits the job in two. A guardian is an individual at least twenty-one years old appointed for a minor or an incapacitated person to make decisions about the ward's support, care, education, health, and welfare. A conservator is a person at least twenty-one years old appointed to manage the estate of a protected person, meaning money and property. (Source: C.R.S. 15-14-102(4) and 15-14-102(2).)

A short way to keep them straight:

A guardian of the person handles personal, medical, and living decisions. The guardian must act in the ward's best interest and may exercise authority only as necessitated by the ward's limitations. (Source: C.R.S. 15-14-314.)
A conservator of the estate handles money and property. A conservator is a fiduciary held to the standard of care that applies to a trustee. (Source: C.R.S. 15-14-418(1).)

The appointments are separate, and Colorado actively polices the split: unless the court makes specific good-cause findings or a family-caregiver exception applies, the same professional may not serve as both guardian and conservator for the same person. (Source: C.R.S. 15-14-310(5).)

Plan Ahead So a Court Is Not Needed

Here is the part many people miss. Colorado has no standalone pre-need guardian declaration form, but the statute gives you something just as strong: when a court picks a guardian, the second-highest priority on the list goes to a person nominated by the respondent, including a specific nomination made in a durable power of attorney or given priority in a designated beneficiary agreement. The same rule applies to conservators. The nomination counts only if you had sufficient capacity to express a preference when you made it, and the court may pass over a priority nominee only for good cause. (Source: C.R.S. 15-14-310(1)(b), 15-14-310(2), and 15-14-413(1)(b); the good-cause rule sits in 15-14-310(3) and 15-14-413(4).)

So the documents that keep a Colorado guardianship from being needed also pre-select who would serve if one ever happens:

A durable power of attorney for finances and property. A Colorado power of attorney created on or after January 1, 2010 is durable unless it expressly says it terminates at your incapacity, so your agent can manage money without a conservatorship. The agent under a general durable POA also holds statutory priority for appointment as guardian and conservator. (Source: C.R.S. 15-14-704 and 15-14-310(1)(d).) Read the Colorado power of attorney guide.
A medical durable power of attorney for health care. Your agent may consent to or refuse medical treatment for you if you lack decisional capacity, which usually removes the need for a guardian for medical decisions, and that agent holds priority for guardianship right behind your specific nominee. (Source: C.R.S. 15-14-506 and 15-14-310(1)(c).) Read the Colorado healthcare directive guide.
A supported decision-making agreement for an adult with a disability. The legislature calls guardianship one of the most restrictive options, to be used only when a less restrictive alternative would fail, and an agreement with trusted supporters cannot be used as evidence of incapacity. (Source: C.R.S. 15-14-801 and following.)
A proxy decision-maker is the statutory medical backstop even with no documents: when an adult lacks decisional capacity and has no agent or guardian, interested family members and close friends may select a proxy whose treatment decisions providers may rely on. (Source: C.R.S. 15-18.5-103.)

One Colorado quirk deserves a flag. Unlike some states, Colorado law has no appointment of a guardian for an incapacitated adult by a spouse's or parent's will; sections 15-14-302 and 15-14-303 are reserved, and an adult's guardian is appointed only by the court. A deceased spouse's or parent's will nominee gets consideration further down the priority list, but only your own nomination, made while you had capacity, sits near the top. (Source: C.R.S. 15-14-301 and 15-14-310(1)(e) and (g).)

Assets held in a trust can also stay out of a conservatorship, because a successor trustee can manage trust property at your incapacity without a court file under the Colorado Uniform Trust Code. (Source: C.R.S. 15-5-101 and following.)

How Adult Guardianship Works in Colorado

If no advance plan is in place and an adult can no longer make or communicate decisions, someone may petition for appointment of a guardian. The case is built to protect the respondent, so it has several steps.

A petition is filed. An individual or a person interested in the individual's welfare petitions the district court of the county where the respondent resides, or the Denver Probate Court in Denver. The petition must list each person the respondent nominated as guardian and explain why a limited guardianship would not work if an unlimited one is requested. (Source: C.R.S. 15-14-304 and 15-14-108(2).)
The court appoints a visitor. Colorado uses a trained court visitor, not a guardian ad litem, as the default investigator. The visitor interviews the respondent in person, explains the petition and the respondent's rights, visits the respondent's dwelling, interviews the petitioner and the proposed guardian, and files a written report on daily functioning and whether less restrictive alternatives would work. (Source: C.R.S. 15-14-305.)
The respondent can get a lawyer. The court appoints a lawyer if the respondent requests one, the visitor recommends it, or the court determines the respondent needs representation. (Source: C.R.S. 15-14-305(2).)
A professional evaluation may be ordered. The court may order an evaluation by a physician, psychologist, or other qualified examiner, and it must order one if the respondent demands it. (Source: C.R.S. 15-14-306.)
The respondent gets personal service and a hearing. A copy of the petition and notice of hearing must be served personally on the respondent; skipping that step is jurisdictional and the petition cannot be granted without it. The respondent must attend the hearing unless excused for good cause and may present evidence, subpoena witnesses, and examine the examiner and the visitor. (Source: C.R.S. 15-14-309(1) and 15-14-308.)
The court makes findings and enters the least restrictive order. The court may appoint a guardian only if it finds by clear and convincing evidence that the respondent is an incapacitated person and that the respondent's identified needs cannot be met by less restrictive means, including reasonably available technological assistance. Whenever feasible the court grants only the powers necessitated by the ward's limitations, so a limited guardianship is the preferred form. The guardian is chosen from the statutory priority ladder, with your own nominee near the top. (Source: C.R.S. 15-14-311(1)(a), 15-14-311(2), and 15-14-310.)

Two protections are worth highlighting. The clear and convincing evidence standard is higher than the ordinary civil standard, because a guardianship removes rights. And the less restrictive means finding is mandatory, which is exactly why a signed POA, a medical POA, or a supported decision-making agreement can stop a guardianship petition before it starts.

Emergency and Temporary Appointments

Some situations cannot wait for the full process. A Colorado court may appoint an emergency guardian when following the normal procedures would likely cause serious harm to the respondent's health, safety, or welfare and no one else has authority and willingness to act. The limits are tight: authority may not exceed sixty days, the guardian may exercise only the powers in the order, and the court must immediately appoint a lawyer for the respondent. If the appointment is made without notice, the respondent must get notice within forty-eight hours and the court must hold a hearing within fourteen days after receiving a request. An emergency appointment is not a determination of incapacity. (Source: C.R.S. 15-14-312.)

Colorado also allows a temporary substitute guardian for a specified period of up to six months when an existing guardian is not effectively performing and the ward's welfare requires immediate action; the prior guardian's authority is suspended in the meantime. (Source: C.R.S. 15-14-313.)

How Conservatorship Works

Conservatorship has its own track, called a protective proceeding. For an adult, the court must find by clear and convincing evidence that the individual cannot manage property and business affairs, even with reasonably available technological assistance, or is missing or detained, and by a preponderance of the evidence that property will be wasted or that money is needed for support. (Source: C.R.S. 15-14-401(1)(b).)

A few features matter for planning:

Your nominee has priority here too. The conservator priority list starts with an existing protective-order fiduciary, then a person the respondent nominated, including a nomination in a durable power of attorney, then the agent under a durable POA, then the spouse or civil union partner. A nomination made at age twelve or older counts if the respondent had sufficient capacity. (Source: C.R.S. 15-14-413.)
The court can act without a full conservatorship. If a basis exists, the court may authorize a protective arrangement or a single transaction, such as a property sale or a contract for care, and appoint a special conservator just to carry it out. (Source: C.R.S. 15-14-412.)
Bond is the default. A conservator must furnish a bond unless the court makes specific findings excusing it, generally in the amount of the estate's value plus one year's estimated income, less restricted assets. (Source: C.R.S. 15-14-415.)

Naming a Guardian for a Minor Child

The rules are different for children, and they reward planning. A parent may appoint a guardian for a minor child by will or by another signed writing, and a minor's current guardian can do the same. The appointment becomes effective at the appointer's death, an adjudication that the appointer is incapacitated, or a physician's written determination that the appointer can no longer care for the child. (Source: C.R.S. 15-14-202(1) and (3).)

The appointment is not self-executing forever. The appointee must file an acceptance within thirty days after the appointment becomes effective and, unless the court previously confirmed the appointment, must petition for confirmation within thirty days after filing the notice and the appointing instrument. A parent who expects to become unable to care for the child within two years can even ask the court to confirm the selection in advance. (Source: C.R.S. 15-14-202(2), (4), and (6).)

Children get a voice. A minor who has reached age twelve must consent to a parental appointment and may refuse it, and in a court appointment the judge must appoint a twelve-or-older minor's own nominee unless that choice is contrary to the minor's best interest. A parental appointment also never supersedes the parental rights of either parent. (Source: C.R.S. 15-14-203(2), 15-14-206(1), and 15-14-202(7).)

If no parental appointee exists, the court may appoint a guardian for a minor when the parents consent, parental rights have been terminated, the parents are unwilling or unable to exercise their rights, or a prior third-party guardian has died or become incapacitated. Short-term tools exist for minors too: a temporary guardian for up to six months on a showing of immediate need, and an emergency guardian for up to sixty days. (Source: C.R.S. 15-14-204.)

The practical takeaway: the cleanest way to choose your child's guardian is a current will. See the Colorado will requirements guide.

Ongoing Duties After Appointment

A Colorado guardianship or conservatorship is not a one-time event. Both roles carry continuing duties, and the court must maintain a monitoring system for the reports.

A guardian must become and remain personally acquainted with the ward, encourage the ward to participate in decisions, consider the ward's expressed desires and personal values, and act in the ward's best interest. The guardian files an initial written report and personal care plan within sixty days of appointment, then reports at least annually on the ward's condition, living arrangements, services, and the continued need for the guardianship. (Source: C.R.S. 15-14-314 and 15-14-317.)
A conservator must observe a trustee's standard of care, file a financial plan for court approval within ninety days of appointment, file a detailed inventory under oath no later than ninety days after appointment, and report to the court on the administration of the estate at least annually, keeping records open to interested persons. (Source: C.R.S. 15-14-418, 15-14-419, and 15-14-420.)

The ongoing reporting is part of why a durable POA and a medical POA are easier when they fit: they do the same protective work without a court file, a visitor investigation, or yearly reports.

Planning vs Court Process

These two paths solve the same problem in very different ways.

	Advance planning	Court guardianship / conservatorship
When you set it up	While you have capacity	After capacity is lost, by petition
Who acts	The agent you named	A guardian or conservator the court appoints
Source of authority	Your signed POA and medical POA	A district court or Denver Probate Court order
Who decides the person	You, with binding statutory priority for your nominee	The court, using the priority ladder
Court involvement	None to set up	Petition, visitor, hearing
Ongoing reporting	None required	Guardian annual reports; conservator plan, inventory, and reports
Standard to start	Your own informed choice	Clear and convincing evidence plus no less restrictive option

The takeaway: signing two documents now lets you pick the people and avoid the courtroom, and even names your backup guardian if a court ever gets involved. A guardianship is the fallback when no plan exists.

A Simple Planning Sequence

Use this order as a checklist, then confirm the details with a Colorado attorney:

Sign a durable power of attorney for finances and property, and name a successor agent.
Sign a medical durable power of attorney naming a health care agent, and consider a living will for end-of-life wishes.
Add a guardian and conservator nomination clause to your POA so your choice carries statutory priority.
If you have minor children, name a guardian for them in your will or another signed writing.
Consider a trust if you want a successor trustee to manage assets without a court.
Tell the people you named, and give them copies so they can act when needed.
Review the plan after any major change in health, family, or assets.

For the documents that pair with this plan, keep these nearby:

Colorado power of attorney guide for your money and property
Colorado healthcare directive guide for medical decisions
Colorado will requirements guide for naming a guardian for minor children
Colorado probate guide for what happens when an estate is settled
Colorado probate help hub for county courts and the wider process

This Colorado guardianship planning guide is a planning map, not legal advice. The Colorado Revised Statutes control, and guardianship law sets serious protections in motion. Confirm the current statute text and your own plan with a Colorado attorney before you rely on it.

This guide is general information about Colorado guardianship and conservatorship. It is not legal advice. Confirm anything that affects your situation with the district court clerk, the Denver Probate Court, or a licensed Colorado attorney.

Sources

Sources:

Title: Colorado Revised Statutes. Publisher: Colorado General Assembly. Publication Date: Current official code, accessed 2026-06-10. URL: https://leg.colorado.gov/colorado-revised-statutes
Title: Colorado Revised Statutes 2025, Title 15, Probate, Trusts, and Fiduciaries (official full-title PDF including the Uniform Guardianship and Protective Proceedings Act, C.R.S. 15-14-101 to 15-14-434). Publisher: Colorado Office of Legislative Legal Services. Publication Date: 2025 edition, accessed 2026-06-10. URL: https://olls.info/crs/crs2025-title-15.pdf
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