Most parents who come in for an estate plan are thinking about the financial piece: who inherits the house, who manages the accounts, how to avoid probate. Those are real concerns and they matter. But for parents of minor children, the most important question in the entire estate plan is one that has nothing to do with money.

Who would raise your kids?

If you died tomorrow, or if you and your spouse were in the same accident and neither of you survived, what would happen to your children? Who would step in, and how would that decision get made? Would a judge in El Paso County, working from whatever information was available, make a call that matches what you would have chosen?

This is what guardianship planning addresses, and it is the part of an estate plan that makes the most difference for young families. This post explains how guardianship works in Colorado, what happens when parents die without naming one, how to make your choice legally enforceable, and what families with children who have disabilities need to additionally consider. If you are also thinking about who should manage your children’s finances, our post on choosing the right executor or trustee for your estate plan covers that aspect in depth.

Why Guardianship Planning Is Part of Every Parent’s Estate Plan

A guardian is the person legally authorized to care for your minor child: to make day-to-day decisions, provide a home, consent to medical care, and raise that child until they reach 18. In Colorado, the only way to formally name the guardian you want is in your will.

If you do not have a will, you have not named anyone. And if you have not named anyone, Colorado law determines what comes next.

The process is not random, but it is not entirely predictable either. Colorado courts give significant weight to a deceased parent’s written wishes, and naming a guardian in a will is the most reliable way to influence the outcome. Without that written direction, the court will appoint whoever it determines is in the child’s best interest, based on petitions, relationships, and whatever information is available at the time. While that may turn out fine, it might not go the way you would have preferred. Our post on what happens if you die without a will in Colorado explains the full picture of what Colorado law does when there is no plan in place.

What Happens to Your Children If You Die Without Naming a Guardian in Colorado?

When a child has no living parent who can care for them and no guardian has been named in a will, Colorado’s Probate Court must appoint one. Under C.R.S. § 15-14-204, the court considers who is best suited to serve the child’s interests, taking into account the child’s existing relationships, stability, and wishes for children who are mature enough to express a preference.

Grandparents, aunts and uncles, family friends, and even a surviving parent who was previously uninvolved can all petition to be appointed guardian. The court evaluates competing petitions and makes a decision. This process can be slow, contentious, and emotionally exhausting for everyone involved, including the children themselves.

In situations where parents are unmarried or separated, the analysis gets more complex. If one parent is living, Colorado courts generally favor appointment of that parent, but there are exceptions where the living parent is deemed unfit or where the deceased parent specifically addressed the situation in their will.

The most reliable way to prevent all of this is to name a guardian in your will and include a brief explanation of your reasoning. Colorado courts take a clearly expressed parental designation very seriously, and the Colorado Judicial Branch’s self-help resources on guardianship confirm the weight courts place on a validly executed designation.

Guardianship vs. Conservatorship: What Is the Difference?

These two terms are often used interchangeably, but they cover different responsibilities in Colorado.

A guardian has legal authority over the child’s person: where the child lives, what school they attend, what medical care they receive, and the day-to-day decisions of raising them. The guardian does not necessarily manage money.

A conservator has legal authority over the child’s financial assets, managing inherited property, investments, or trust funds held for the child’s benefit until they reach adulthood. In Colorado, a conservatorship for a minor requires court appointment and court oversight of the finances.

In many estate plans, the guardian and the financial manager are handled by different people. If you set up a trust for your children, which Kevin’s office strongly recommends for families with minor children, the trustee manages the money and the guardian cares for the children personally. These can be the same person, but there are good reasons to consider naming different people for each role. A close family friend might be the right choice to raise your children, and your financially organized sibling might be better suited to manage their inheritance. Our post on trust planning for families with young children walks through exactly how that trust structure works and what it protects.

How to Choose a Guardian and Make It Legal in Colorado

Special Considerations for Parents of Children with Disabilities

If you have a child with a physical, developmental, or cognitive disability, guardianship planning involves additional complexity that goes beyond standard estate planning.

Your child may need a guardian not just during minority but into adulthood. In Colorado, a guardian’s authority over a minor ends when the child turns 18. If your adult child will continue to need someone to make decisions on their behalf, you will need a separate adult guardianship or supported decision-making arrangement, which is a different legal process that should be planned well in advance.

Leaving assets directly to a child who receives government benefits, including Medicaid and Supplemental Security Income, can reduce or eliminate their eligibility. The solution is a special needs trust, which holds assets for the child’s benefit in a way that supplements their government support rather than replacing it. This requires careful drafting to comply with both Colorado and federal requirements, and the trustee you name needs to understand what distributions are and are not permissible under the SSI program rules.

Your choice of guardian for a child with a disability also deserves particular attention. The right person has not just the willingness to step in but the specific knowledge, patience, and capability to support your child’s needs. It is worth spelling that out both in your will and in a separate letter of instruction that gives your named guardian the context they will need.

What This Means for You

If you have minor children but no will naming a guardian, fixing that is the most important estate planning step you can take right now. A valid Colorado will, executed with the proper formalities, is not a complicated document to put in place, and Kevin Hancock’s office can walk you through the full process.

The Law Office of Kevin R. Hancock works with parents of young families across Colorado Springs and the surrounding Front Range to build estate plans that account for children, not just assets. If you have questions about naming a guardian, setting up a trust for your kids, or planning for a child with special needs, call or fill out an online form to schedule a consultation.

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