A guardianship case would be necessary for these two situations:
- A minor’s parents cannot provide sufficient care for the child due to the parent’s death or incapacity
- An adult cannot care for themselves
Human beings need shelter, food, clothing, medical care, and decision-making abilities – basic essentials to live. When it becomes impossible for these basic necessities to be provided for an individual (or if an individual cannot provide those things for themselves), a guardian can be appointed to do just that.
To initiate guardianship, a petition is filed with the court. For example, if you know that your nephew is living in a home situation where his parents are drug users and abusive, you may petition the court to have a guardian named for the child. If your aunt has been diagnosed with dementia and can no longer make her medical decisions, you may also petition the court to appoint a guardian for your aunt.
Guardianship cases take time. In fact, it may take several months for the process to be completed:
- The court must determine that the person meets the statutory requirements for guardianship;
- A court visitor will meet with the person to discuss the guardianship proposal and get feedback about the proposed guardianship;
- The right person is identified to act as the guardian – and that person accepts the appointment;
- Paperwork is completed;
- A hearing is scheduled so the child or adult can appear before a judge; and
- Decisions are made regarding where the child or adult will reside.
If you are concerned about the welfare of another person, it is important to act quickly so the guardianship process can be initiated. The most important consideration is that the person you care about is living in the best possible situation and receiving the best possible care.
The Denver guardianship lawyers at Brown & Crona, LLC can help you understand the guardianship process in Colorado, complete the right paperwork in a timely manner and handle the legalese for you. To learn more, contact us at (303) 339-3750 or send us a message online to meet with our experts.