Guardianship Attorney And Kids Protection Planning in Colorado

If something happened to you tomorrow, who would care for your children? Who would manage your elderly parent’s healthcare decisions? Who would advocate for your loved one with special needs or sudden incapacity?
Guardianship isn’t just a legal arrangement—it’s an act of love, responsibility, and foresight. At Legacy Law Group Colorado, we help families throughout the state create clear, enforceable guardianship plans to ensure that the people you trust are legally empowered to care for the people you love.
We help:
- Parents name legal guardians and avoid court intervention
- Families prevent custody disputes or Child Protective Services involvement
- Adult children petition the court for authority to help aging parents
- Parents of special needs children plan for long-term support and transition
- Couples coordinate guardianship with their estate, asset, and tax plans
When done proactively, guardianship planning helps you protect your family’s future, avoid unnecessary court delays, and maintain full control over who steps in.
What Is Guardianship?
Guardianship is a court-sanctioned legal process that gives one individual (the guardian) the authority to make personal, medical, or legal decisions on behalf of another person (the ward), who is unable to make those decisions themselves.
In Colorado, the most common forms of guardianship include:
- Guardianship of a Minor – If parents pass away or are incapacitated, a guardian must be appointed to care for their child. You can name these guardians in your estate plan, but a judge still has final approval unless planning is airtight.
- Adult Guardianship – If an adult becomes mentally or physically incapacitated—due to Alzheimer’s, stroke, injury, or disability—a guardian can be appointed to make decisions on their behalf.
- Emergency Guardianship – Used when immediate legal action is necessary, such as when someone is hospitalized without powers of attorney in place.
- Limited Guardianship – Grants decision-making authority over specific areas only (e.g., medical or housing decisions), allowing the ward to retain autonomy in others.
Without legal planning, the court decides who steps in—and your loved one could end up under temporary state care or managed by someone you wouldn’t choose.
What Is Kids Protection Planning™?
Kids Protection Planning™ is Legacy Law Group’s proprietary legal and practical system designed to ensure your children are never left in legal limbo or state custody—no matter what happens. It’s not just about paperwork; it’s about peace of mind for you and uninterrupted safety and care for your children in any emergency.
Most parents believe naming a guardian in their will is enough. But what if something happens to you while your will isn’t accessible, or the designated guardian is out of state and can’t arrive for hours—or even days? That’s where our Kids Protection Planning™ system goes far beyond traditional estate planning.
Here’s what it includes:
- Naming short-term guardians who live nearby and can step in immediately—so your kids are never taken into the custody of strangers or the state.
- Creating guardian emergency cards for your wallet and phone so first responders know who to contact and how to access your legal instructions right away.
- Drafting legal letters of instruction that give caregivers clear and temporary legal authority to act until permanent guardians are appointed.
- Leaving written guidance outlining your parenting values, routines, preferences, religious beliefs, and what truly matters to your children’s well-being.
- Ensuring your trusts and life insurance policies are structured to provide for your children’s financial security, with named trustees or financial guardians who work alongside their legal guardian.
- Providing a custom caregiver manual so that any named guardian—temporary or permanent—knows exactly how to handle medical care, school decisions, extracurriculars, bedtime routines, allergies, and more.
- Documenting fallback or alternate guardians in case your primary selection becomes unavailable.
Even if you think you’ve “handled” guardianship, we often find dangerous gaps: guardians not legally nominated, no backups listed, guardians living too far away, or no short-term coverage to avoid law enforcement or foster care involvement.
We make sure everything is:
- Fully documented
- Legally enforceable in Colorado
- Accessible in an emergency
- Reviewed periodically to match your evolving family dynamic
With Kids Protection Planning™, you don’t just name guardians—you create a complete, protective, and loving transition plan for your children that’s ready at a moment’s notice.
Who Needs a Guardianship Attorney?
You need guardianship planning if you:
- Have children under 18 and haven’t formally named permanent and short-term guardians
- Are raising a child or sibling with a disability who will need long-term support
- Are caring for aging parents who are declining in health or cognition
- Have a partner or family member who recently became incapacitated
- Want to avoid guardianship court altogether by planning ahead with powers of attorney
- Are part of a blended family, or have complex family dynamics that need clarity
Guardianship law is complex, but we make it simple and empowering—no matter your family situation.

How the Colorado Guardianship Process Works
If someone in your life needs a guardian—and they haven’t executed legal planning beforehand—you’ll need to go through the court process. Here’s what that looks like:
- Filing a Petition – We prepare and file a request for guardianship with the county probate court.
- Medical or Psychological Evaluation – For adults, a physician or licensed expert may be required to confirm incapacity.
- Notice to Interested Parties – Other family members, heirs, or parties of interest are notified by law.
- Hearing – A judge considers the case and may hear testimony or review expert reports.
- Appointment of Guardian – If approved, you receive court-issued documentation giving you full legal authority.
We handle every step, help you gather documentation, and prepare you for court. If disputes arise or another family member objects, we represent your interests and advocate for the outcome that best protects your loved one.
Real Example: Emergency Guardianship Prevented a Family Crisis
A client’s elderly father suffered a serious fall and was hospitalized. He had no powers of attorney in place. The hospital refused to allow the daughter to make decisions or access medical records, and the family was locked out of his bank account—putting bill payments and caregiving at risk.
We acted quickly, filing an emergency guardianship petition and appearing in court within days. The judge granted temporary guardianship, and we later transitioned the arrangement into permanent legal authority. We also helped the family update their full estate plan, so no one would ever be left unprotected again.
Why Choose Legacy Law Group Colorado?
At Legacy Law Group Colorado, we understand that guardianship decisions are emotional, sensitive, and deeply personal. We don’t just offer legal guidance—we offer peace of mind.
What sets us apart:
- Local legal expertise on Colorado guardianship law, court process, and judicial expectations
- Family-first focus with a deep understanding of parenting and elder care challenges
- Kids Protection Planning™—a unique legal and emotional system that protects your children
- Full integration with estate planning, powers of attorney, trusts, and incapacity planning
- Personalized planning that’s easy to understand and keeps your family in control
Our Process: Simple, Compassionate, Effective
- Discovery Call – We listen to your family’s situation and identify what protections are missing.
- Guardian Designation – We help you thoughtfully choose and document both short-term and long-term guardians.
- Custom Legal Drafting – We prepare enforceable legal documents that comply with Colorado law.
- Court Filing (if needed) – For adult guardianship, we handle the entire court process.
- Follow-Up & Future Planning – We revisit your guardianship plan as your children grow or life changes.
We build more than legal documents—we build plans that grow with your family.
Frequently Asked Questions
Can I name guardians in my will?
Yes, and it’s essential. But your will may not be read for days after an emergency—so you also need short-term guardians and written instructions.
What happens if I don’t name a guardian?
The court steps in—and until that process is resolved, your child or incapacitated loved one could be placed in foster care or a state-managed facility.
What’s the difference between custody and guardianship?
Custody is often used in divorce or family law cases, while guardianship is used when parents are deceased or incapacitated. Guardianship requires court appointment and grants legal authority over health, education, and living arrangements.
How do I avoid guardianship court for myself later in life?
Creating powers of attorney and healthcare directives can eliminate the need for a court-appointed guardian if you become incapacitated.
Can I change my guardian selections later?
Absolutely. Life changes—and your plan should too. We update guardianship designations as your children grow, your relationships evolve, or new concerns arise.


Let’s Protect the People You Love Most
Guardianship planning isn’t just a legal checkbox—it’s a life-changing act of care, trust, and security. Whether you’re protecting young children, aging parents, or vulnerable adults, your plan ensures your family is never left guessing.
Book your consultation with a guardianship attorney in Colorado today.
We’ll help you create a personalized plan that gives your family clarity, protection, and peace of mind—no matter what life brings.
"Peace of mind for you and those left behind."
anastasia faingerg, founder and principal attorney

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