Colorado Conservatorship vs Guardianship

Two Separate Legal Roles, Often Confused

Colorado keeps guardianship and conservatorship as distinct legal arrangements — and that separation matters when you're planning for a disabled adult's future. Parents often assume "guardianship" covers everything, but it doesn't. In Colorado, these are two different court appointments with different powers, different duties, and different reporting obligations.

Guardianship covers the person: medical decisions, living arrangements, daily care, and personal welfare.

Conservatorship covers the money: bank accounts, investments, property management, and financial transactions.

One person can hold both roles, but they are distinct court appointments with different powers, duties, and reporting obligations.

What a Guardian Does in Colorado

Under C.R.S. § 15-14-301 et seq., a guardian makes personal and medical decisions for an incapacitated adult. This includes:

• Consenting to medical treatment and selecting healthcare providers
• Deciding where the person lives
• Managing personal care and daily living arrangements
• Making educational and vocational decisions
• Determining social and recreational activities

A guardian does not automatically have authority over the person's finances. If the adult has a bank account, receives government benefits, or owns property, the guardian cannot manage those assets unless they also hold a conservatorship or power of attorney.

What a Conservator Does in Colorado

Under C.R.S. § 15-14-401 et seq., a conservator manages the financial estate of a "protected person." This includes:

• Managing bank accounts and investments
• Paying bills and handling tax filings
• Executing contracts on behalf of the protected person
• Managing real estate
• Establishing budgets and financial plans

A conservator is held to strict fiduciary standards — the same "prudent investor" rule that governs trustees. They must act in the protected person's financial best interest, not their own.

Filing and Cost Differences

Both require filing a petition in District Court (or Denver Probate Court for Denver residents), and both carry a $229 filing fee. But the ongoing obligations differ:

Conservatorship generally costs more upfront because of the surety bond requirement and the need for a comprehensive asset inventory. Attorney fees for conservatorship are typically $2,500–$6,000+, compared to $2,000–$5,000+ for guardianship alone.

When You Need Both

For disabled adults who need help with both personal care decisions and financial management, a combined petition is common. The same person can serve as both guardian and conservator, though the court can appoint different people to each role if that better serves the protected person's interests.

You might need both when:

• The adult cannot make medical decisions and also cannot manage their finances
• There are significant assets or income sources that require active management
• Government benefits (SSI, SSDI) need to be coordinated with other financial resources

When You Might Not Need Either

Before filing for conservatorship, consider whether simpler financial tools can do the job:

• A Financial Power of Attorney lets the adult voluntarily delegate financial management without court oversight
• A representative payee through the Social Security Administration handles SSI/SSDI management at zero cost
• An ABLE account protects savings without affecting benefit eligibility
• A special needs trust manages larger assets or inheritances

These alternatives avoid the court filing fees, the surety bond, the annual financial accounting, and the ongoing court supervision that conservatorship requires.

Similarly, for personal care decisions, Supported Decision-Making agreements and Medical Powers of Attorney may cover what guardianship would — without removing the adult's civil rights.

The Colorado Guardianship & Alternatives Guide breaks down each scenario with decision worksheets, helping you determine which combination of tools — court-ordered or voluntary — actually matches your family's needs.

See more Colorado guides →