Colorado § 15-14-207 - Duties of guardian.

§ 15-14-207. Duties of guardian.

(1) Except as otherwise limited by the court, a guardian of a minor ward has the duties and responsibilities of a parent regarding the ward's support, care, education, health, and welfare. A guardian shall act at all times in the ward's best interest and exercise reasonable care, diligence, and prudence.

(2) A guardian shall:

(a) Become or remain personally acquainted with the ward and maintain sufficient contact with the ward to know of the ward's capacities, limitations, needs, opportunities, and physical and mental health;

(b) Take reasonable care of the ward's personal effects and bring a protective proceeding if necessary to protect other property of the ward;

(c) Expend money of the ward which has been received by the guardian for the ward's current needs for support, care, education, health, and welfare;

(d) Conserve any excess money of the ward for the ward's future needs, but if a conservator has been appointed for the estate of the ward, the guardian shall pay the money at least quarterly to the conservator to be conserved for the ward's future needs;

(e) Report the condition of the ward and account for money and other assets in the guardian's possession or subject to the guardian's control, as ordered by the court on application of any person interested in the ward's welfare or as required by court rule; and

(f) Inform the court of any change in the ward's custodial dwelling or address.

Source: L. 2000: Entire part R&RE, p. 1790, § 1, effective January 1, 2001 (see § 15-17-103).

Editor's note: This section is similar to former § 15-14-209 as it existed prior to 2001.

ANNOTATION

Annotator's note. Since § 15-14-207 is similar to repealed and reenacted § 153-5-209, C.R.S. 1963, and repealed laws antecedent to CSA, C. 76, § 4, relevant cases construing those provisions have been included in the annotations to this section.

In disposing of the custody of a child, the paramount consideration is the child's welfare, to which even the paternal right must yield. People ex rel. Flannery v. Bolton, 27 Colo. App. 39, 146 P. 489 (1915).

Courts recognize expressed or presumed wishes of parents as to custody of child. The right of the disposition of the custody, tuition, and nurture of a minor, and the duty of the enforcement of such right by the courts, has been recognized to the extent that in the absence of testamentary disposition the expressed or presumed wishes of the parents in this respect, including religious training of the minor, have been enforced with great uniformity. People v. Bolton, 27 Colo. App. 39, 146 P. 489 (1915).

Generally, a guardian is entitled to legal custody of a minor ward. Clark v. Kendrick, 670 P.2d 32 (Colo. App. 1983).

Conduct of parents toward child, financial ability, etc., are considered in awarding custody of infant. Breene v. Breene, 51 Colo. 342, 117 P. 1000 (1911).

Court not required to order an accounting of ward's money on application of interested person. The phrase, "As ordered by the court on application", allows the court to exercise its discretion as to whether to order the accounting when it receives the application. Sidman v. Sidman, 2016 COA 44, 411 P.3d 167.