Guardianship

Guardianship, made clear—protect your loved one while honoring their rights

When a person can’t make or communicate essential decisions, a court may appoint a guardian to help. We explain your options in plain language and recommend the least-restrictive path—often starting with alternatives like powers of attorney or supported decision-making agreements. If guardianship is appropriate, we move quickly and carefully to secure the right authority with strong oversight.

• Understand types of guardianship: emergency/temporary, limited, and full—for adults or minors.
• Learn the difference between a guardian (care decisions) and a conservator (financial decisions).
• Prepare for petitions, medical evaluations, hearings, and ongoing reporting obligations.
• Coordinate related issues—healthcare directives, special needs planning, and probate intersections.

The guardianship process—what to expect

1. Petition and evidence: We file a petition with medical or professional evaluations supporting the need and proposed scope.
2. Notice and responses: Statutory notice to the respondent and interested parties; we manage objections and alternatives.
3. Hearing: The court evaluates capacity, necessity, and whether less‑restrictive options suffice; a guardian ad litem may be appointed.
4. Appointment: If granted, you receive Letters of Guardianship outlining authority and limits.
5. Ongoing duties: Care planning, prudent decision‑making, and periodic reports to the court; modifications by motion if circumstances change.

Timelines vary by urgency and court calendars. Emergency or temporary orders may be available when immediate decisions are needed. For an overview of how matters flow at our firm, see Our Process .

Want neutral background reading? The Legal Information Institute’s guardianship primer offers helpful definitions at law.cornell.edu .

Alternatives and ethics—least‑restrictive first

Guardianship removes important rights. We begin by exploring tools that preserve autonomy while addressing safety and care—then tailor any court request to the minimum authority necessary.

• Supported decision‑making agreements that empower the individual to choose helpers without ceding rights.
• Medical and financial powers of attorney; healthcare directives and HIPAA releases to enable access and consent.
• Limited guardianships that target specific domains (e.g., medical choices) with periodic review.
• Court monitoring and care plans that align with the ward’s values, culture, and stated preferences.

Our team is led by Grant Van Der Jagt, JD (Castle Rock, CO). You’ll receive prompt communication, clear timelines, and written scopes—because every guardianship deserves careful, ethical stewardship.