Guardianship and Conservatorship, for any age
Guardianship and conservatorship are for any age: an adult who can’t make safe choices, such as a parent with dementia, or a child whose parents have died. A court appoints a guardian to make personal decisions and a conservator to manage money, such as a child’s inheritance. We help families in Colorado, Arizona, and California.
In Colorado
In Denver, cases go to Denver Probate Court.
In Arizona
Cases go to the Superior Court in the county.
- Reviewed by
- Daniel R. Klein, attorney
- Last reviewed
This page is general information about Colorado and Arizona law as of . It is not legal advice.
Who is guardianship for?
- An adult in your family, such as a parent, can no longer manage money or make safe choices, perhaps because of dementia, and has no power of attorney.
- A minor’s parents have passed, and the minor needs someone to care for them or to manage money they inherit.
- A minor who needs help managing their medical or financial affairs.
- Your child with a disability is turning 18, and you need a legal way to keep helping.
- Someone may be taking advantage of a vulnerable family member.
- You’ve been appointed guardian or conservator and want help with the duties.
- You’ve been asked to serve and want to know what it means before you say yes.
What’s the difference between a guardian and a conservator?
A guardian is a person a court appoints to make personal decisions for someone, like where they live and what medical care they get. A conservator is a person a court appoints to manage someone’s money and property. In a conservatorship, the person is called the protected person. In a guardianship, the person is often called the ward.
When will a court appoint one?
Only when it’s truly needed. For an adult, the court must find clear and convincing evidence of incapacity before it appoints a guardian. That means the person can’t make or communicate safe decisions. The court must also find that less restrictive options, even technology, won’t meet their needs (C.R.S. 15-14-311; A.R.S. 14-5304). Both states keep the powers limited to what is needed.
What about a child who inherits or comes into money?
A child under 18 can’t manage their own financial affairs. If a child’s parents have died and the child is left without a guardian, a court can appoint a guardian to care for the child and a conservator to manage the money until the child is an adult. A parent’s will can name a guardian for a child. It may also name one for a child who cannot manage their own affairs. For the money, the court appoints a conservator to manage the child’s financial affairs. A will or trust that plans for this ahead of time can make it much simpler for your family. See wills.
Are there options short of court?
For an adult, often, yes. A power of attorney signed while the person can still understand it may avoid court entirely. If your loved one has dementia, our powers of attorney page explains when signing may still be possible. Both states also allow supported decision-making. A trusted helper assists the person in making their own choices but doesn’t decide for them (C.R.S. 15-14-801 and following; A.R.S. 14-5721).
How does the court process work with us?
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Look at other options first
For an adult, Daniel R. Klein checks whether a power of attorney or supported decision-making could work instead.
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Prepare and file the petition
A petition is the document that asks the court to act. We draft it and send the required notices to family members.
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Get ready for the hearing
For an adult, we help you prepare for the court’s visitor or investigator and the medical evaluation.
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Go to the hearing
Daniel explains what to expect and stands with you in court.
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Help after appointment
We guide you through your ongoing duties and the reports the court asks for.
Is guardianship different in Arizona?
The goals are the same. The steps and time limits differ.
In Colorado
In Denver, cases go to Denver Probate Court. Elsewhere, they go to the county’s district court. The court appoints a visitor to meet the person. It also appoints a lawyer for them if requested or needed (C.R.S. 15-14-305). An emergency guardian can serve up to 60 days (C.R.S. 15-14-312).
In Arizona
Cases go to the Superior Court in the county. The court appoints a lawyer for the person unless they have one. It sends an investigator and requires an exam by a doctor, psychologist, or registered nurse (A.R.S. 14-5303). A temporary guardian can serve up to 6 months, and the court may extend that for good cause (A.R.S. 14-5310).
What should I bring?
- Names and phone numbers for the person’s doctors.
- A short list of your concerns, with dates if you have them.
- Any powers of attorney, health care directives, or wills the person has signed.
- Names and addresses of close family members, who may need notice.
- For a child turning 18, school or benefit documents that describe their needs.
- For a child who inherits money: the parents’ death certificates, any will or trust, and a general idea of what the child is to receive.
You can also print our what to bring checklist.
Please don’t email private documents, like account statements or medical records. We’ll tell you how to share them safely.
What does it cost?
You’ll get a written quote before any work begins. See how our fees work.
Questions people ask
What is the difference between a guardian and a conservator?
A guardian makes personal choices, like where someone lives and what medical care they get. A conservator manages money and property, like paying bills and handling accounts. A court can appoint one person for both jobs, or two different people.
How long does guardianship take?
It depends on the court, the county, and whether anyone objects. Neither Colorado nor Arizona sets a fixed timeline by law. We’ll give you a realistic estimate for your court at your consultation. If there is an urgent risk, a short-term order may be possible.
Is there an emergency option?
Yes. In Colorado, a court can appoint an emergency guardian for up to 60 days (C.R.S. 15-14-312). In Arizona, a temporary guardian can serve for up to 6 months, and the court can extend that for good cause (A.R.S. 14-5310). Call us right away if you think one may be needed.
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