Can Guardianship be Contested?

Guardianship in Colorado is a legal appointment in which a specific person or family is chosen to care for a minor child (or adult child with disabilities) if you should become incapacitated or pass away. This is a great responsibility because the guardian is in charge of caring for the ward in virtually every physical, emotional and financial aspect of life:

• Living arrangements
• Healthcare
• Education
• Social interactions
• Nutrition
• Religion

Sometimes, the person who has been named the guardian simply isn’t up for this level of responsibility. If the guardian is suffering from any type of substance abuse, mental illness, imprisonment/conviction or any type of personal conflicts within the family, they will not have the capacity to provide a safe environment for the child. If you suspect that a guardian is not providing the right level of basic care for a child or if the child is being mistreated, you can contest the guardianship by petitioning the courts to have the guardian removed.

There are other reasons why you can petition for a guardian to be removed. If the guardian is not providing proper documentation to the courts for all issues regarding their ward (the minor), there’s no telling what could actually be happening behind the scenes.

The Denver estate planning attorneys at The Brown Law Firm, LLC have extensive experience helping families draft Colorado guardianship documents as well as contests to guardianships. Emphasis is always placed on the child’s best interests and they move the process along as quickly and seamlessly as possible.

When choosing the person or family you want to act as a guardian for your children, make sure you are in agreement with their personality and lifestyle. Of course, people can change, so you may need to update your guardianship choices in the future. The guardian you choose should be aware that you are considering them for this responsibility – and they should feel confident that they will be up for the challenge financially, socially, emotionally, professionally, etc.

Even after thinking through this appointment very carefully, the guardianship simply might not work out. If you are in need of legal guidance as to contesting a guardianship in Colorado, please contact The Brown Law Firm, LLC at (303) 339-3750 or send us a message online.