ELDEResources
Easing the eldercare maze

                                                                                                                     

Guardianship

Sometimes, an incapacitated person needs a medical fiduciary (a decision-maker) and there are no family members or friends available, willing and/or appropriate to take on such role. People who may need a fiduciary include older adults with decisional disabilities, persons who have a developmental disability and those who are mentally ill; fiduciaries are also appropriate for people with a head injury or other physical challenge.

   
    A professional (or third party) fiduciary can step into
    that role.  Guardians must be appointed through a court
    order and are all subject to the supervision of the court.

    In Colorado, there are two categories of fiduciary:

          Guardians (responsible for "care")

          Conservators.(responsible for finances)

   ELDEResources is available to be appointed as a Guardian
   and can make recommendations for Conservator
   appointment.
 



The Colorado Statute defines who may need a guardian as an incapacitated person -

"an individual other than a minor, who is unable to effectively receive or evaluate information or both or make or communicate decisions to such an extent that the individual lacks the ability to satisfy essential requirements for  physical health, safety or self-care, even with appropriate and reasonably available technological assistance." (C.R.S. 15-14-102 (5)

An individual under Guardianship is called a "ward", a protected person or a person under guardianship ("PUG")

Guardians make decisions regarding the ward's support, care, education, health and welfare. All wards should be encouraged to participate in decisions. Guardians whall consider the expressed desires and personal values of the ward to the extent known to the guardian. A guardian shall always act in the ward's best interest and exercise reasonable care, diligence and prudence.
C.R.S. 14-15-314(1)


Guardianship issues that may be appropriate for Mediation include:

   Guardianship Contests (two or more people vying to be Guardian of an individual)
   Petition to remove a Guardian
   Need to Modify or Terminate a Guardianship Due to Changes in Ward's Capacity
   Co-Guardians who do not agree on decisions regarding residency, caregiving, end-of-life or other issues
   A Guardian who limits access to the Ward



Please visit our sister company ELDEResolutions LLC regarding elder mediation and Guardianship.



                                       We preserve personal dignity while in the position of Guardian.




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