Most People Have A Plan For When They Die. Almost Nobody Has One For When They Can't Sign Their Name
A parent is diagnosed with dementia. A spouse suffers a stroke. Someone who has always handled the finances can no longer understand bills, investments, or banking decisions.
Then the family discovers something surprising: being a spouse or adult child does not automatically give you authority to manage another person’s individually owned accounts.
That is where questions about conservatorship in Colorado often begin.
The First Surprise: A Will Does Not Help While You Are Alive
Many people assume that having a will means someone can take over if they become incapacitated. It does not.
A will directs what happens after death. It does not authorize an executor, child, spouse, or anyone else to pay bills, manage investments, sign financial documents, or deal with property while you are living.
Incapacity planning requires separate documents. A financial power of attorney can authorize a person you choose to act for you. A revocable living trust can also allow a successor trustee to manage assets held in the trust if you can no longer manage them yourself.
Without those arrangements, a family may have to ask a court for authority.
Even Close Family Can Hit a Financial Wall
Suppose a husband develops dementia and his wife needs to manage his brokerage account. If it is jointly owned, she may already have access. But marriage alone generally does not give one spouse authority over accounts owned only by the other.
The same problem can arise when adult children try to help a parent. A bank or brokerage cannot simply hand over control because the family agrees help is needed.
If the person still has sufficient legal capacity, planning documents may still be possible. Once capacity has been lost, signing a new power of attorney may no longer be an option.
When No One Has Authority, Conservatorship May Be the Answer
A conservatorship is a court proceeding used to appoint someone to manage the financial affairs of an adult who cannot adequately manage property or money.
It is different from guardianship. A guardian generally handles personal and care decisions, while a conservator focuses on finances and property.
For families wondering how to get conservatorship in Colorado, the process begins with a petition. The court must determine that a conservatorship is needed and that the proposed conservator is appropriate.
What the Colorado Conservatorship Process Looks Like
After the petition is filed, the adult who may need protection—the “respondent”—and other interested people must receive formal notice. Colorado court guidance generally requires notice of the hearing at least 14 days in advance.
The court also appoints a court visitor, who reviews the situation, conducts interviews as needed, and submits a written report to the judge. A hearing follows, and the court decides whether to appoint a conservator and what authority that person should have.
If appointed, the conservator may also be required to obtain a bond unless the court finds one unnecessary or imposes other restrictions on access to assets.
There is no single answer to how long a conservatorship takes in Colorado. Court schedules, notice requirements, disputes, and case complexity can all affect timing.
Appointment Is Only the Beginning
Becoming a conservator does not mean the court steps away.
A newly appointed conservator must generally prepare an inventory and financial plan and file periodic reports with the court. Colorado Judicial Branch guidance calls for an annual conservator’s report unless the court orders otherwise.
That supervision can be important when protection is needed. But it also brings paperwork, deadlines, fees, and continuing court involvement.
Conservatorship vs. Power of Attorney: Who Makes the Choice?
A financial power of attorney lets you choose who will act for you while you still have capacity to make that decision. A properly funded trust can similarly identify who will manage trust assets if you become incapacitated.
Conservatorship reverses that sequence. If no workable authority is already in place, someone petitions the court, and a judge ultimately decides who receives authority and how that authority will be supervised.
Not every conservatorship can be avoided. But thoughtful incapacity planning can often reduce the likelihood that a family will need one. Gitkind Law’s existing guidance similarly treats incapacity planning as separate from what a will does after death.
Decide Who Can Step In Before The Decision Is No Longer Yours
Incapacity is easy to treat as a problem for later—until a diagnosis, accident, or bank refusal makes it immediate.
For Boulder County families, an estate plan should answer more than who receives property after death. It should also answer: who can legally manage your finances if you are alive but unable to do it yourself?
Gitkind Law Firm helps individuals and families in Boulder, Louisville, Lafayette, and across Boulder County create estate planning and incapacity documents. If your documents are old, incomplete, or nonexistent, addressing them while capacity is unquestioned gives you more choices and may spare your family from having to ask a court for them later. The initial consultation is available at no charge.