Can a guardian be appointed over the objections of the ward?

Yes, a guardian can be appointed over the objections of the ward in Colorado. Under Colorado guardianship law, the court can appoint a guardian for an adult if it finds that the adult is unable to make decisions for themselves due to mental incapacity. When a court determines that a guardianship is appropriate, the court will listen to the wishes of the ward concerning the type of guardian that should be appointed. However, the court is not obligated to follow the ward’s wishes and may appoint a guardian over the ward’s objections. When determining whether to appoint a guardian over the ward’s objections, the court must consider the best interests of the ward. In doing so, the court will consider the ward’s current and future physical, mental, and emotional status; the presumption that a ward who is clearly capable of making decisions should have the right to maintain his or her autonomy; and the need for the least restrictive form of guardianship that will adequately protect the ward’s rights and interests. Ultimately, the court will decide if a guardianship is necessary and who should be appointed as guardian. The court may appoint a guardian over the ward’s objections if the court finds that a guardianship is needed and will benefit the ward’s best interests.

Related FAQs

What is guardianship law?
What is the difference between guardianship and power of attorney?
How does a guardianship affect Social Security benefits?
How does a court decide to appoint a guardian?
What is a guardianship of the minor?
What is the process for transferring guardianship?
Can guardians be named for minors?
Can a minor choose their own guardian?
Can a guardian be appointed over the objections of the ward?
How do you select a guardian?

Can a guardian be appointed over the objections of the ward?

Related FAQs

Related Blog Posts