Detailed answer — how guardianship and conservatorship are treated in Colorado

Colorado separates care-of-the-person duties from control-of-property duties. A guardian of the person is appointed to make decisions about personal welfare — for example, where the person lives, health care arrangements, and day-to-day care. A conservator (sometimes called guardian of the estate in other states) is appointed to manage the person’s assets, pay bills, collect income, and protect property.

This separation means that if a Colorado court appoints you only as guardian of the person, you will not automatically have the legal authority to manage the person’s money or real property. To handle financial matters you must be appointed by the court as the conservator of the estate (or co-conservator), or have some other legal authority (for example a valid durable power of attorney signed while the person was competent).

These roles and procedures are governed by Colorado’s statutes and court rules concerning guardianships and conservatorships (see the relevant provisions in Title 15 of the Colorado Revised Statutes). For the statutory framework on when and how guardians and conservators are appointed and their duties, see Colorado Revised Statutes, Title 15 (Probate, Trusts, and Fiduciaries), Article 14 (Guardianships and Conservatorships):
Colorado Revised Statutes — Title 15, Guardianships & Conservatorships (Article 14).

What this means in practice

• If you need to move the protected person into a care facility, consent to medical treatment, or arrange personal services, the guardian of the person can act on those matters.
• If you need to pay bills, collect pensions or Social Security, sell property, or make investments, you must be the court-appointed conservator (or have legal authority under a power of attorney). The court will typically require a separate petition, notice, investigation, and, in many cases, a bond and periodic accountings.
• A single person can serve as both guardian and conservator, but the court must make both appointments separately. The court may appoint different people for each role based on what is in the best interests of the protected person.

Typical court process to become conservator in Colorado

1. File a petition with the county probate court requesting appointment as conservator of the estate.
2. Provide notice to the proposed protected person, close relatives, and interested parties.
3. The court may order an independent evaluation of the person’s capacity and hold a hearing.
4. The court decides whether a conservatorship is necessary and whether a less-restrictive alternative exists.
5. If appointed, the conservator typically must file an inventory, may be required to post a bond, and must submit periodic accountings to the court.

For more information on forms and local procedures, see the Colorado Judicial Branch guardianship and conservatorship resources: Colorado Courts — Guardianship & Conservatorship Forms and Information.

Exceptions and related points

• Power of attorney: If the person executed a durable power of attorney while competent, the agent named there may have authority to handle finances without a conservatorship — but a power of attorney ends on the principal’s death and may become ineffective if the court later finds the principal was incapacitated at signing.
• Temporary or emergency appointments: Colorado courts can make short-term appointments in emergencies, but long-term financial control generally requires a full conservatorship proceeding.
• Limited conservatorships: The court can tailor conservatorship powers (for example, authority only to manage certain accounts or to approve a single transaction) rather than granting all powers immediately.

Helpful hints

• Confirm which role you have: look at the court’s appointment order. It will specifically name whether you are guardian of the person, conservator of the estate, or both.
• Don’t assume authority: unless the court order says you are conservator of the estate (or you have a valid power of attorney), don’t touch the person’s money or property.
• Keep detailed records: if you are appointed conservator, keep receipts, bank statements, and a log of every transaction — courts require regular accountings.
• Consider less-restrictive options first: powers of attorney, representative payees for benefits, joint accounts, or supported decision-making may avoid the need for conservatorship.
• Expect court supervision: conservatorships usually require inventory, bond (in many cases), and periodic reporting. Budget time for filings and hearings.
• Ask the court clerk for local forms and timelines or check the Colorado Courts website for guardianship/conservatorship packets.
• Consult a probate or elder law attorney if you’re uncertain. An attorney can explain local practice, courtroom timelines, bond options, and how to minimize disruption to the protected person.