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How do you know that a guardian is needed for someone?
If you have ever thought that Mom, Dad, Grandpa or Grandpa can’t remember things like when to eat or take their medication?
Perhaps they can’t remember the name of their children or grandchildren or a conversation you just had with them yesterday or even a few minutes ago?
They may not remember appointments (doctor, lunch date with a friend) or organizations (church, ladies group, card group, friends meet every week at the same time/place) to which they have been dedicated for years.
Do they forget phone calls from friends or family which they used to be very excited to tell you about?
Do they forget what the next step is in a series, like you get dressed AFTER a bath? Or you take your clothes off BEFORE you step into the shower?
Have you been talking with them and you mention someone they know but they don’t acknowledge the name because they don’t remember but won’t say so?
When you ask about a hair appointment, do they tell you “It’s on the calendar. How can you expect me to remember everything?”
Have they ever said “I can’t find my _____________ (favorite shoes, dress or a particular picture)? Someone must have come in the house and taken them,” but you know that is not possible as the house is locked up tight, all the time?
When things like the examples mentioned above happen and you feel like you are losing it, perhaps it’s not you. It could be that your family member is having real trouble with their memory and are unable or unwilling to admit the problem. You should accompany your loved one to their next appointment to find out what the doctor thinks. It could be the physician also has the same concerns, but your family member always goes to the appointment alone.
When things like these happen, it could be time to consider a guardianship if there is no Durable Medical Power of Attorney in place.
The Guardianship Services Program was established to help adults who are incapacitated and fall into one of three categories; 1) An individual who has an Intellectual & Developmental Disability; or 2) A Senior Citizen who is no longer able to make informed decisions and remain safe; 3) An individual 18 or older, who has suffered an injury or accident leaving them unable to make informed decisions.
Colorado Bluesky Enterprises, Inc., is pleased to announce that Guardian Services is able to assist family members who need to obtain Legal Guardianship of their loved one OR we can become the Legal Guardian if there is no family. A person, over age 18, who is in need of a guardian is considered to be an “Incapacitated Adult” by the State of Colorado; however, CBE will use the term “Protected Person”, for individuals receiving guardianship services through CBE, because we believe that that is the essences of guardianship.
Because we are concerned about the quality of the professionals assisting in obtaining guardianship, all members of the Guardianship Services Program at Colorado Bluesky Enterprises, Inc., will all be certified as they join The Program through the National Guardianship Association? The certification will help assure you, as well as the Court, that we are dedicated to highest quality of service. The Guardianship Services Program is also a member of the same Association, allowing us to be on the cutting edge of guardianship information.
What is a Guardian?
A guardian is a person or persons appointed by a court to assist with the personal affairs and make decisions on behalf of … an adult who is incapacitated. (The Guardianship Alliance of Colorado, Denver, Colorado)
Who is an incapacitated adult?
By legal definition in the State of Colorado, an Incapacitated Adult is an individual 18 years of age or older “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))
Who can become a guardian?
Anyone over the age of 21, who is related to the incapacitated individual, or is a professional, can become a legal guardian. In Colorado, a care provider such as nursing home, rehabilitation facility, service agency, or a representative thereof is NOT eligible to be a guardian, as it is considered a “conflict of interest” and not in the best interest of the incapacitated individual. Other qualified professionals are eligible.
How is a guardian appointed?
An interested professional or family member needs to complete a Petition and submit it to the Court, in the County where the Incapacitated Adult lives.
A hearing date is set.
A Court Visitor is appointed and they meet with the Petitioner and the Respondent (Incapacitated Adult). Then the Court Visitor will submit their report to the Court.
All involved parties (Petitioner, Respondent) attend the hearing. Court Visitor’s presence in Court is optional.
If there is no opposition to the petition by others, the Judge will rule on the Petition on the day of the hearing.
If there is an opposition, then a full hearing (with everyone testifying) will be scheduled for a future date, and all must attend.