Back to Practice Areas

Adult Guardianship, Conservatorship, Estate Planning, and Probate Matters

Colorado probate courts handle a wide range of matters involving estates, trusts, guardianships, conservatorships, and the protection of vulnerable adults. These proceedings often involve important personal, medical, and financial decisions and may require experienced legal guidance.

The Law Offices of Thomas A. Ramunda Jr. assists clients with estate planning, probate and estate administration, trust administration, and adult guardianship and conservatorship matters.

Tom also accepts court appointments as counsel and as a Guardian ad Litem in probate proceedings involving adults. He does not serve as a Guardian ad Litem for minor children.

Estate Planning

A carefully prepared estate plan can protect you, your family, and the people you trust to carry out your wishes. Estate planning is not limited to determining who will receive your property after death. It can also identify who may manage your finances or make health-care decisions if you become unable to act for yourself.

Estate-planning services may include:

• Wills
• Revocable living trusts
• Financial powers of attorney
• Medical durable powers of attorney
• Living wills and other advance directives
• Review of beneficiary designations and asset ownership

A will can direct the distribution of probate assets and nominate a personal representative to administer the estate. A trust may provide additional options for managing and distributing assets during life and after death.

Powers of attorney and advance directives allow you to designate trusted individuals to act on your behalf and communicate your wishes if illness, injury, or incapacity prevents you from making or expressing decisions.

An estate plan should reflect your current family circumstances, assets, and goals. Marriage, divorce, the birth or adoption of a child, the death of a family member, or a significant financial change may create a need to review and update existing documents.

Probate and Estate Administration

After a person dies, family members and other interested persons may need assistance transferring property, resolving debts, and administering the estate. Whether a court proceeding is required generally depends on the nature, value, and ownership of the decedent’s assets and whether effective nonprobate arrangements are in place.

Probate and estate administration may include:

• Determining whether a probate estate must be opened
• Filing the decedent’s will with the appropriate court
• Seeking the appointment of a personal representative
• Identifying, collecting, and protecting estate assets
• Providing required notices to heirs, beneficiaries, and creditors
• Reviewing and addressing creditor claims
• Paying estate expenses and other obligations
• Preparing inventories and accountings
• Distributing property to the appropriate beneficiaries
• Completing the documents needed to close the estate

When a person dies with a valid will, the probate estate is generally administered according to the will and Colorado law. When a person dies without a valid will, Colorado’s intestacy laws determine who is entitled to inherit probate property.

A personal representative is responsible for administering the estate and owes fiduciary duties to the estate and its interested persons. Even an uncontested estate can involve detailed procedures, notices, deadlines, and financial responsibilities.

Tom represents personal representatives, heirs, beneficiaries, and other interested persons in Colorado probate and estate-administration matters.

Trust Administration

Creating a trust is only the beginning. When a trust becomes effective, or when the person who created it dies or becomes incapacitated, the trustee may need to complete significant legal, financial, and administrative tasks.

A trustee is a fiduciary and must administer the trust according to its terms and applicable Colorado law. Trust administration may include:

• Reviewing and interpreting the trust document
• Identifying and safeguarding trust property
• Communicating with beneficiaries
• Maintaining appropriate records and accountings
• Paying valid expenses and obligations
• Coordinating with accountants, financial advisers, and other professionals
• Managing or selling trust assets when appropriate
• Making distributions under the terms of the trust
• Addressing questions about trustee authority and fiduciary duties
• Completing the administration or termination of the trust

Trustees may face difficult decisions when beneficiaries disagree, trust language is unclear, assets are complicated, or questions arise about distributions and fiduciary responsibilities. Beneficiaries may also need legal guidance concerning their rights to information, accountings, and distributions.

Tom assists trustees, beneficiaries, and other interested persons with Colorado trust-administration matters.

Guardian ad Litem Appointments for Adults

Under Colorado law, a probate court may appoint a Guardian ad Litem, commonly called a GAL, when the court determines that an adult’s interests would otherwise be inadequately represented. The court defines the GAL’s responsibilities according to the circumstances of the case and the terms of the appointment order.

A Guardian ad Litem is different from an attorney appointed to represent the respondent. An attorney advocates for the respondent’s expressed wishes and protects the respondent’s legal rights. A GAL performs the duties assigned by the court and represents the interests identified in the court’s appointment order.

Tom’s Guardian ad Litem practice is limited to probate matters involving adults. He does not serve as a Guardian ad Litem for minor children.

Adult Guardianships and Conservatorships

A guardianship generally concerns an adult’s personal care, health, safety, and well-being. A conservatorship generally concerns an adult’s property, income, assets, and financial affairs.

Depending on the circumstances, a court may appoint a guardian, a conservator, or both. The court may limit the authority granted and should consider whether less restrictive alternatives are available.

Before a guardian or conservator is appointed, the adult who is the subject of the proceeding is generally called the “respondent.” After the appointment of a guardian, the adult is referred to under Colorado law as the “ward.” After the appointment of a conservator, the adult is called the “protected person.”

A proceeding involving the appointment of a conservator or another court order intended to protect a person’s property is generally called a protective proceeding.

Tom represents family members, petitioners, respondents, wards, protected persons, fiduciaries, and other interested persons in adult guardianship and conservatorship matters, subject to the circumstances of the case and applicable rules concerning conflicts of interest.

Emergency Adult Guardianships

When following the ordinary guardianship procedures would likely result in substantial harm to an adult’s health, safety, or welfare, a probate court may appoint an emergency guardian. The court must also determine that no other person appears to have the authority and willingness to act under the circumstances.

An emergency guardian has only the authority granted in the court’s order, and the emergency appointment may not continue for more than 60 days. Establishing a continuing guardianship requires compliance with the procedures and findings required by Colorado law.

Emergency proceedings can move quickly and may involve urgent questions about medical care, housing, safety, finances, or possible exploitation. Prompt legal guidance can help the parties understand the court process and the evidence that may be required.

Experienced Representation in Colorado Probate Courts

Tom has represented families, fiduciaries, and interested persons in adult guardianship, conservatorship, estate, and trust proceedings in counties throughout Colorado.

He has also received appointments from probate courts serving Arapahoe, Douglas, Elbert, and Lincoln Counties to act as counsel for respondents, wards, or protected persons and to serve as Guardian ad Litem in matters involving adults.

Whether you are preparing an estate plan, administering the estate of a loved one, fulfilling your responsibilities as a trustee, or addressing the needs of a vulnerable adult, experienced legal guidance can help you understand your rights, responsibilities, and available options.

Contact the law office of Thomas A Ramunda Jr. to discuss an estate-planning, probate, trust-administration, adult guardianship, or conservatorship matter.