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BEACON Senior News

Who will care for you? Planning for guardianship & conservatorship

Jan 30, 2025 01:58PM ● By Tricia Ryndak Rohleder

Imagine starting a new job with absolutely no training. Most would say that’s a recipe for disaster. Yet, many find themselves in a similar position when unexpectedly stepping into the role of guardian or conservator for a loved one. 

These roles carry great responsibility, often involving complex legal and ethical decisions. Here’s a quick guide to the key terms involved:

Guardian - A person appointed by a court or who otherwise has the legal authority to make decisions about another person’s care and property when they are deemed incompetent. 

Conservator - A person legally responsible for managing someone’s financial matters, property and daily business affairs when they are deemed incompetent by the court.

Fiduciary - A certified professional entrusted to act in another’s best interest, whether related to medical care, finances or other matters.

Ward - The individual under guardianship or conservatorship, often someone with a developmental disability, a serious illness or age-related conditions like dementia.

While the terms “guardian” and “conservator” are sometimes used interchangeably, their legal definitions and responsibilities can vary by state. In Colorado, the roles of guardian and conservator must be handled by separate individuals. 

Without proper training or guidance, even well-meaning individuals can struggle to fulfill these roles effectively.

EXPERT SUPPORT FOR COMPLEX ROLES

Devon Coleman, a certified national master guardian and professional medical agent, specializes in supporting individuals who can no longer make medical decisions. He often collaborates with Julie Bovey, 57, a professional fiduciary who manages her clients’ financial responsibilities, including bills, assets and expenses. 

While hiring professionals like Coleman and Bovey is an option, most guardians are family members who find themselves in these roles unexpectedly. These individuals can greatly benefit from guidance and support. 

FREE TRAINING FOR NON-PROFESSIONALS

The Pikes Peak Elder Abuse Coalition Fiduciary Education Committee—a collaboration between the Pikes Peak Elder Justice Center and the Pikes Peak Elder Abuse Coalition—offers quarterly training sessions for individuals stepping into the roles of guardian or conservator. These sessions are also helpful for those planning to appoint a guardian or conservator for themselves. 

In cases where no suitable family member is available, the court appoints a guardian or conservator. Regardless of who assumes the role, understanding the rights of the ward is crucial. Wards retain important rights, including the ability to vote, engage in relationships, communicate freely and make personal choices, such as refusing medication. Training helps guardians understand these rights and avoid unintentionally imposing overly restrictive measures.

PLANNING FOR YOUR OWN CARE

Guardianship isn’t just about others—it’s something to consider for your own future. If illness or an accident left you unable to manage your affairs, who would handle your medical and financial decisions?

Designating a trusted guardian or conservator in advance can ease the burden on loved ones and ensure your preferences are honored. Yet, more than half of Americans delay putting these arrangements in place, leaving critical decisions to chance.

“Choosing your future before it has to be chosen for you is an option we all have in life,” said Bovey. “All too often, we procrastinate and it becomes too late.”


UPCOMING FREE GUARDIANSHIP TRAINING

The Fiduciary Education Committee is hosting four free training sessions this year. The first session is on Saturday, February 22, at Pikes Peak Arc. 

Open to the public, the training will feature experts who will discuss topics like mandatory reporting, decision-making capacity and a ward’s rights. 

“Many of the attendees leave better equipped to handle the role of guardian/conservator,” said Coleman, noting that the training helps participants avoid common mistakes.

2025 Guardianship Training Sessions

All trainings are held from 9 a.m.-4 p.m. at Pikes Peak Arc, 10 N. Mead St. Lunch is included. Please preregister at PikesPeakElderJusticeCenter.org/fiduciary-education or call Devon Coleman at 719-318-7459 or Julie Bovey at 719-210-7029.

• Saturday, February 22 

• Saturday, May 3 

• Saturday, August 23 

• Saturday, November 8