Guardianship in Colorado refers to a legal relationship in which a court appoints a person to care for another person who is not legally competent to care for themselves. Courts in Colorado might order a guardianship for a variety of people. A person does not actually get custody of a sibling in Colorado. However, they may be appointed to serve as the guardian of their minor sibling in the appropriate circumstances.
Courts may grant a guardianship for a minor child whose parents are both unfit to have child custody in Colorado or who have both passed away. Guardianships are also granted for adults with disabilities or people who are no longer able to manage their affairs because of illness. A local attorney in Colorado would be able to provide more information about guardianships in that state.
Guardianship is the answer whenever a child’s biological parents are unable or unwilling to act as the child’s guardian. A court in Colorado would name a guardian for a minor only if the court decides that it would be in the best interest of the minor under the following circumstances:
- The parents agree
- The parent’s parental rights have been taken away by a court
- The parents are not able to care for the minor because they have passed away or
- A person named as the guardian for the minor dies or becomes incapacitated, and they did not name a replacement guardian.
Before the court names a person as the guardian, the court reviews the person’s criminal history and current credit reports to make sure that the person is the right person to serve as a guardian.
An adult may be granted guardianship of a minor sibling. The guardian would be responsible for making decisions regarding the care and support of their sibling, who is referred to as a “ward” in legal terminology. They would make decisions regarding their sibling’s healthcare, living arrangements, education, and other important circumstances related to their well-being.
The process of establishing guardianship involves filing a petition with a court, providing evidence of the fact that their sibling is a minor, so needs a guardian, and demonstrating that appointing a guardian is in their best interest. A minor sibling would be eligible to become the ward of a guardian because they are not yet an adult.
In addition to these tasks, a guardian is required to use the ward’s money for the ward’s needs and not for themselves or anyone else. For these reasons, a person who wishes to become a guardian might want to have a legal consultation about what the role involves.
A legal conservator, also known as a “guardian of the estate,” may be appointed by the court to handle the financial affairs of a minor child. If the child’s parents are deceased and the child receives a life insurance policy payout, a conservator must be appointed to manage those funds until the child turns 18. The court can appoint the same person as the guardian and the conservator, or the court may appoint a separate conservator.
A guardian does have to allow their ward to have a voice to the extent possible in the decisions that affect them. The guardian is also required to make sure the ward has the opportunity to exercise the rights that they are competent to assert as would be natural in the parent-child relationship.
The guardian should protect the ward’s right to make appropriate choices for their age and circumstances. Of course, a guardian does not have to be perfect.
What Is the Process for Obtaining Custody of a Sibling?
A person who wishes to obtain a guardianship of the person only for their minor sibling would submit a “Become the Guardian for a Minor” form. Detailed instructions for completing the necessary forms are available online. A person would file the required forms and supporting documentation in the district court in the county where the minor lives, or where the minor can be found.
A person would need to submit a copy of their criminal history report from the Colorado Bureau of Investigation (CBI), a copy of their own current credit report, and a copy of their own driver’s license.
The person filing the case will be known as the “petitioner” in legal terminology. The minor who may need a guardian will be known as the “minor” or the “respondent.” If the minor is 12 years old or older, the minor would need to sign a consent or nomination of minor form.
The form requires a preliminary inventory of all of the ward’s assets, i.e., personal and real property and debts. Therefore, the adult sibling needs to know about their ward’s real estate holdings, bank accounts, and personal property, if they have any, and the estimated value of these assets and any debts the ward may have.
Of course, a minor sibling may not have any assets or debts as they may have been financially dependent on their parents.
How Old Do You Have to Be to Take Custody of a Sibling in Colorado?
To take custody of a sibling in Colorado as a guardian, a person must be at least 21 years old. As part of the process, the person who wants to be appointed as a guardian must show the court that they are physically and emotionally capable of caring for the child. A person who wants to be a guardian for a minor sibling would also have to show that they have the financial resources necessary to provide the care the child needs.
The court may order a home study so as to learn whether a prospective guardian has a safe home for the ward. The court would also want to know that the home environment serves the best interests of the child. If the child at issue is 12 or older, the court also considers the child’s wishes when deciding whom to appoint as the child’s guardian.
A court may require both a guardian and conservator to report to the court on an annual basis. They may have to produce inventories and accountings of how the child’s assets and income are managed.
Can a Sibling Be a Legal Guardian?
As noted above, an adult sibling who is at least 21 years old may be appointed as the legal guardian of their minor sibling if they are otherwise qualified.
What Else Should Be Considered?
As noted above, a child who has been orphaned may need a guardian. Also, guardianship might be appropriate if a Colorado court has determined that it is in the child’s best interest to terminate the parental rights of a child’s biological parents per Colorado’s child custody laws. A court might terminate a parent’s right to custody of their child in cases that involve child abuse or neglect, drug or alcohol addiction, or parental incapacity.
In some situations, a child’s parents themselves may have named an adult sibling in their will to serve as the child’s guardian if the parents pass away or become incapacitated.
It is possible that an adult sibling of a minor child would be the person who petitions a court to terminate the parent’s rights. A Colorado family law attorney would be able to help an adult sibling collect evidence to support termination of parental rights and show that it would meet the child’s best interest standard. Courts use this standard for all child custody decisions in Colorado.
They might also prepare the legal petition to get the adult sibling appointed as guardian.
If there is no adult sibling to serve as guardian and no other person qualified and willing to serve as a guardian, a court may appoint a public guardian. This is a person or entity who has the necessary qualifications and is registered and approved by the county probate court to serve as a guardian.
The guardianship of a minor sibling would come to an end when the minor reaches the age of 18 years old or is emancipated by marriage or the order of a court.
Do I Need an Attorney for Sibling Custody Issues?
To become the legal guardian of your sibling who is under the age of 19, you want to consult a Colorado child custody lawyer. LegalMatch.com can quickly and easily connect you to a lawyer who understands the forms, documents and court procedures required and can help you make your best case.
