What happens if a guardian is no longer able to fulfill their duties?
If a guardian is no longer able to fulfill their duties in Colorado, their guardianship will be terminated and their guardianship role will be taken over by a new guardian appointed by the court. In order to determine the termination of guardianship, an evaluation will be conducted to assess the guardian’s physical, mental, and emotional condition to determine if they are still fit to fulfill their responsibilities as a guardian. This evaluation will be presented to the court, who will then decide whether or not to terminate guardianship. If guardianship is terminated, the court will then appoint a new guardian to take on the guardianship role. This new guardian must meet the court’s standards and be approved by the court. They must also have the same qualifications as the former guardian, such as being 18 years of age, a resident of Colorado and having the physical and mental capability to fulfill their duties. Once the new guardian is appointed, they will take on the same responsibilities that were held by the former guardian, such as making sure the ward’s needs are met and safeguarding the ward’s finances. It is up to the new guardian to ensure that the ward’s best interests are kept in mind at all times. The new guardian must also report their guardianship activities to the court as required by law.
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