A guardian makes care and personal decisions on behalf of a ward, a person with compromised personal decision making capacity, under the authority of the probate court in accordance with the provisions of the order of appointment.
A guardian is in a fiduciary relationship with the ward and, in general while acting in accordance with the order of appointment, a guardian is to use reasonable judgment to act in the long term best interest of the ward while allowing the ward the maximum reasonable level of autonomy and independence.
Disputes can arise between the ward and the guardian. Such disputes often involve strong emotions and can lead to long term animosity and multiple disputes.
The mediation process, being less adversarial than litigation, can ease the emotional stress and result in better understanding of the duties of the guardian and the rights of the ward which can lead to peaceful resolution privately, efficiently and inexpensively.
John Licht has been dealing with Denver and Colorado guardianships for more than twenty years. He knows the law and he understands the often conflicting desires of wards and guardians’ perceptions of their fiduciary duties. He can help.