Fort Collins Guardianship Attorney

There are many reasons to seek guardianship in Fort Collins. A person with concerns about the welfare of a child when the child’s parents are unable or unwilling to provide a safe, stable home environment, may file for legal guardianship. A legal guardian is a non-parent who cares for a child and makes important decisions about the child’s medical care, education, and activities. A person may also become the legal guardian of an incapacitated adult. The child or impaired adult becomes the “ward” of the guardian.

If you’re seeking the guardianship of a child, you need an experienced family law attorney in Fort Collins to guide you through the process. Call The Law Office of Stephen Vertucci so we can take prompt action in your case.

Why Choose Us as Your Guardianship Attorneys in Fort Collins?

The Fort Collins child custody lawyers at The Law Office of Stephen Vertucci uphold the Colorado court’s standard of deciding all cases in a child’s best interest, including guardianship requests. We will use the following exceptional qualifications to advance your case:

• We operate with child-focused legal representation in all of our cases
• Our founding attorney has dedicated his career to representing clients through some of the most difficult times for their families with compassion and dignity
• Our keen legal skills and deep knowledge base in Colorado family law puts an entire team of legal minds behind your Fort Collins guardianship case
• Lead attorney, Stephen Vertucci is a former prosecutor who is confident and comfortable in a courtroom arguing assertively for each client’s desired outcome

When a child’s well-being is at stake, The Law Office of Stephen Vertucci puts a powerful voice behind your Colorado child guardianship case.

What Are the Duties of a Legal Guardian?

Many parents appoint a legal guardian for their children in the event of their deaths. In other circumstances, an adult may seek guardianship of a child who is in an unsafe situation. Often, the person seeking guardianship is a close relative such as a grandparent or an aunt or uncle. According to the state of Colorado, The word “Guardian” means:

“An individual at least 21 years of age, resident or nonresident, who qualifies as a guardian of a minor or incapacitated person pursuant to the appointment by a parent or by the court.”

Colorado §15-14-314 describes a guardian’s duties as the following:

• A guardian makes decisions about their ward’s care, support, education, medical care, and general welfare, always acting in the ward’s best interest
• Takes care of the guardian’s property and personal items
• Remains or becomes personally acquainted with their ward and continues close contact
• If they receive money for the ward’s care they must spend it on the ward’s care and education and conserve any extra funds for the ward’s future needs

A guardian may also make decisions on religion and extra-curricular activities, essentially taking the place of a parent in child-raising responsibility.

How Do the Courts Grant a Guardianship in Colorado?

Besides being at least 21 years old, there are further requirements for a court to grant a guardianship. Courts name guardians only under the following conditions: 

• If the parents agree to the guardianship or request it
• The parents are deceased
• The parents abandoned the child
• The court has terminated the parental rights or, 
• If the guardian named by the parent has died and a new guardianship is required for the ward.

The court appoints an investigator to evaluate a potential guardian’s fitness and then schedules a hearing, during which they rule on the petition for guardianship. To become a guardian, a petitioner needs a copy of their driver’s license, a criminal history report from the Colorado Bureau of Investigation (CBI), and a copy of a recent credit report.

Even those living outside of Colorado may file for guardianship over a child who resides in Colorado, but they must file in the child’s jurisdiction within the district court of the county in which the child currently resides. The petitioner must give notice of the petition for guardianship to the child’s parents if they are living, and to the child if they are over age 12 at least two weeks before the hearing date.

What are the Types of Guardians in Colorado?

Colorado courts consider cases for several types of guardianships including the following:

• An emergency guardian may be appointed for a sudden, urgent need, such as the sudden death of a child’s parents. This type of guardianship bypasses the usual procedures due to the emergency situation and lasts for no more than 60 days, during which time the emergency guardian may petition for temporary or permanent guardianship or another party may come forward and petition for permanent guardianship.
• A temporary guardianship follows the procedure for appointing a guardian to meet a child’s immediate need. The court may appoint a temporary guardianship for six months if it is in the best interests of the child.
• Permanent guardianship is a permanent legal relationship between the guardian and ward until the ward turns 18 unless there is another court order for a change.
• Co-guardianships occur when more than one person becomes a child’s guardian, such as spouses or two relatives.
• A limited guardianship is one in which a court grants a petitioner only some of the guardianship powers over a child.
• Guardianship of an adult occurs when an adult is incapacitated or cognitively impaired and someone else petitions the court for the power to make important decisions for the incapacitated adult. This is typically a person appointed by the adult’s estate plan or a close family member.

Legal guardianship in Fort Collins protects the rights and best interests of those unable to make decisions for themselves, either because they are a child or an impaired adult. 

How Can a Guardianship Lawyer in Fort Collins Help?

When a child’s well-being is at stake, a potential guardian needs skilled representation. In some cases, a child’s parents, other family members, or interested parties may dispute a petitioner’s request for guardianship at the hearing. Skilled legal representation is essential to ensure a smooth process. Contact our Fort Collins guardianship lawyer today at The Law Offices of Stephen Vertucci so we can take action on your case.