Guardianship

  • The majority of people with intellectual and/or developmental disabilities can manage their own affairs with informal assistance and guidance from family, friends, and others. When necessary, people should be aware of and have access to preferred alternatives. If guardianship is essential, it should be used only to the extent necessary, with a presumption in favor of limited rather than full guardianship. (Taken from Arc of the United States and The Arc of Colorado website.)

    In Colorado, Guardianship is considered when an individual other than a minor has been determined incapacitated. Determining if someone is unable to make decisions is a difficult process. In general, this means that someone 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 reasonable available assistance. (CRS. 12-14-102(5))

    The appointment of a guardian of a person, the person’s finances, or both should be made only to the extent necessary for the legal protection and welfare of the individual and not for the convenience or preferences of the family, the service system, or society.

    If you are considering applying for guardianship for someone and need assistance in determining if it is the right course of action, please feel free to call our office. The Arc of Adams County does not take on guardianships or assist people in applying for guardianships.

    Here are some other resources that may be of help:

    Guardianship Alliance of Colorado. www.guardianshipallianceofcolorado.org.