Date:
November 3, 2025
Author:
Anastasia Fainberg
/
Founder & Managing Partner
Parents, Listen Up
Parents, this is one of the hardest truths to face. If something happens to you, the people you assume would step in for your kids may not be the ones the law allows.
It feels obvious. Of course, Grandma would take them. Of course, your sister would step in.
But Colorado law doesn’t work that way.
Without legally executed guardianship documents, the court, not your family, decides who will care for your children. And in that in-between moment, between a crisis and a judge’s order, your children could spend time in foster care, even if relatives are waiting just down the street.
That gap isn’t cruelty, it’s procedure. Until a court issues an order, no one has authority to act.
This article explains why guardianship isn’t automatic in Colorado, what happens when parents don’t plan, and how proactive legal tools can close that gap, ensuring your children are comforted by familiar faces when they need it most.
Why Guardianship Isn’t Automatic in Colorado
Most parents believe guardianship is a given. “If something happens, my family will handle it.” But the law views it differently.
When both parents die or are incapacitated, the State of Colorado must step in to protect the children. Judges are legally obligated to confirm who is fit to serve. Until that ruling is entered, children may be placed in temporary protective custody, sometimes with strangers, because there’s no verified guardian.
Even a loving grandmother or trusted aunt cannot simply “take them home.” Hospitals, schools, and police all require documented proof of authority before releasing a child. The system values certainty over assumption.
And while that makes sense from a legal standpoint, it can create heartbreaking moments for families. A child in crisis may be kept apart from the people who love them most, simply because the right paperwork wasn’t in place.
Learn more about naming short-term and long-term guardians through your estate plan with a Guardianship Will Attorney in Denver.
The Real-World Risks of Doing Nothing
When guardianship isn’t documented, families face three categories of risk, emotional, practical, and financial.
Emotional Risk: Trauma on Top of Loss
Children who have already lost, or been separated from, their parents are thrown into deeper trauma when placed with strangers, even temporarily. A single night in foster care can leave lasting emotional scars and confusion about whether they’ve been “abandoned.”
Practical Risk: No Authority for Loved Ones
Without formal guardianship papers, relatives have no power to make decisions. Hospitals can’t release medical information. Schools can’t release children. Banks can’t allow access to funds. The people you trust most stand powerless until a judge signs an order.
Financial Risk: Delayed Access to Resources
Insurance proceeds, savings accounts, or child benefits may be frozen until a guardian is legally appointed. Loved ones often cover immediate expenses, food, shelter, school supplies, out of their own pockets, waiting weeks or months for court approval.
Colorado’s Court Reality
Denver and surrounding counties handle thousands of guardianship and probate matters every year. Even though Colorado’s system is relatively streamlined, “streamlined” doesn’t mean “instant.”
Court calendars fill quickly. Filings take time. Hearings require notice and verification.
While adults wait for signatures and orders, children wait too, often caught in limbo.
And when multiple relatives petition to be guardians, the situation grows more complicated. Judges must weigh competing claims, examine fitness, and sometimes investigate family conflict. What parents would have resolved with one clear signature can spiral into months of uncertainty.
The Hard Truth
“Grandma will step in” is not a plan. It’s a hope.
And hope is not enough when children’s safety, stability, and sense of belonging are on the line.
How Guardianship Works Under Colorado Law
Colorado gives parents powerful tools to protect their children. But they must be used intentionally and in the correct form.
Legal Framework
Under the Colorado Revised Statutes, parents can nominate guardians for their minor children through:
- A Last Will and Testament, or
- A separate Guardianship Designation document.
This nomination is more than a wish, it is the primary factor a judge relies on when appointing a guardian. Without it, the court decides who is “fit,” which may not align with your values, culture, or parenting philosophy.
Colorado also recognizes standby guardians, trusted adults who can step in immediately if both parents are incapacitated but alive. This designation fills a crucial legal gap in emergencies.
Short-Term vs. Permanent Guardianship
Short-Term Guardianship:
Allows parents to authorize a temporary guardian for up to 60 days without court involvement. If both parents are hospitalized or traveling abroad, a short-term guardian has full authority to care for the children right away, avoiding any chance of foster care placement.
Permanent Guardianship:
Created through a will or trust nomination, it determines who raises your children if you pass away or lose long-term capacity. The court formalizes this appointment based on your documented intent.
Both designations are vital. A will only activates at death. A living designation provides coverage while you’re alive but unable to act. Together, they create uninterrupted protection.
Why Both Are Necessary
Here’s a real scenario we see too often: A Denver couple has a will naming guardians for their kids. Then, a car accident leaves them both unconscious but alive.
Their will doesn’t apply because they’re not deceased. Without a living guardianship designation, their children sit in limbo until a judge appoints someone. That gap can be days,or weeks. A short-term guardian document closes it immediately.
Learn more: Visit Kids Protection Plan Colorado to see how families layer short-term and permanent guardianship.
Case Study: “Emily and Ryan” (Young Parents in Aurora)
Emily and Ryan were driving home from the mountains with their two children, ages five and eight, when an accident changed everything. Both survived but remained unconscious for several days. Their parents, living just minutes away, rushed to the hospital, ready to take the kids home.
But they couldn’t. Without guardianship documents, no one had legal authority to care for the children. Hospital staff followed protocol, and the children spent three nights in temporary state custody until emergency guardianship could be approved.
The experience was devastating, and preventable. Today, Emily and Ryan have both short-term and permanent guardians named, ensuring their kids will never face that limbo again.
Beyond Paperwork: Continuity of Care
Guardianship planning isn’t just about documents. It’s about preserving stability when life feels most unstable. A truly protective plan includes:
- Short-term and long-term guardians, clearly named and updated.
- Written instructions for schools, caregivers, and first responders so children are never released to the wrong person.
- Parenting guidance for guardians, values, faith, routines, and wishes, to maintain emotional continuity.
- Access instructions for key information: health insurance, medical providers, emergency contacts, and financial resources.
It’s about more than avoiding court; it’s about preserving the feeling of home.
Side-by-Side: No Plan vs. Named Guardians
Common Misconceptions
Myth #1: “My spouse or my parents automatically have rights.”
Fact: Not without documentation. Even a surviving spouse must be formally appointed before acting. The law protects children by requiring clear authority, not assumptions.
Myth #2: “My will covers guardianship.”
Fact: A will only applies after death. It does nothing if you’re alive but incapacitated. That’s why every Colorado parent needs a living guardianship designation in addition to a will or trust.
Myth #3: “My kids will never be placed in foster care.”
Fact: It’s rare, but it happens. When no authorized adult can make decisions, state agencies must ensure the child’s safety until a court order names a guardian.
Myth #4: “We’ll figure it out if something happens.”
Fact: Emergencies don’t wait. Without documentation, your family may face days of uncertainty and court delays before they can even hug your children.
Why This Really Matters
Guardianship planning is not about worst-case scenarios, it’s about love, stability, and trust.
It’s about ensuring your children never wonder who will take care of me?
When you name guardians, you give your children the most valuable gift possible: peace in a storm. You remove confusion, eliminate conflict, and make sure the people you choose, not the court, decide how your children are raised.
At Legacy Law Group Colorado, we see this planning not as legal paperwork but as an act of protection, a promise that love will outlast circumstance.
How to Start (Your First 5 Steps)
- Name Short-Term Guardians
Choose at least one trusted adult who can step in immediately for up to 60 days. - Nominate Permanent Guardians
Include your long-term choice in your will or trust. Update it as family dynamics change. - Add Care Instructions
Provide schools and caregivers with emergency contact letters authorizing those guardians to act. - Enroll in the Client Care Program
Legacy Law’s annual program keeps plans current as your children grow and your life evolves. - Communicate Your Plan
Tell your family who you’ve chosen and where documents are stored so there’s no confusion during an emergency.
FAQs
Can I name different short-term and permanent guardians?
Yes. Many parents do. The short-term guardian handles emergencies; the permanent guardian provides long-term care.
How do I make my guardianship nomination legally binding in Colorado?
It must be signed, dated, and properly witnessed. An attorney ensures compliance with state law so courts can act on it immediately.
What if I move to Colorado from another state?
Update your plan. Other states’ forms may not meet Colorado’s statutory requirements.
Can a guardian also manage finances for my kids?
You can give one person both roles or separate them, naming a financial trustee and a caregiving guardian for checks and balances.
How often should I review my guardianship plan?
Annually, or after major life events, births, marriages, divorces, moves, or new relationships.
What if I have no nearby family?
You can name close friends, mentors, or even designate multiple people with shared duties. Courts honor your written intent.
Can I change guardians later?
Absolutely. Updates are simple and encouraged whenever relationships or circumstances change.
What happens if I don’t name anyone?
The court must decide. It may choose among relatives or, if none are available, appoint a professional guardian. Either way, you lose the ability to control who raises your children.
Reflection
The guardianship gap is small in words but enormous in impact. It’s the space between chaos and comfort, between foster care and family, between uncertainty and peace. Every Colorado parent deserves the confidence of knowing their children will be protected, immediately, compassionately, and legally.
At Legacy Law Group Colorado, we help parents close that gap through thoughtful, family-centered planning.
Don’t leave your child’s future to a courtroom decision. Schedule your free consultation today and take the first step toward lasting peace of mind, for you, and for the people you love most.
