Colorado § 15-14-208 - Powers of guardian.

§ 15-14-208. Powers of guardian.

(1) Except as otherwise limited by the court, a guardian of a minor ward has the powers of a parent regarding the ward's support, care, education, health, and welfare.

(2) A guardian may:

(a) Apply for and receive money for the support of the ward otherwise payable to the ward's parent, guardian, or custodian under the terms of any statutory system of benefits or insurance or any private contract, devise, trust, conservatorship, or custodianship;

(b) If otherwise consistent with the terms of any order by a court of competent jurisdiction relating to custody of the ward, take custody of the ward and establish the ward's place of custodial dwelling, but may only establish or move the ward's custodial dwelling outside the state upon express authorization of the court;

(c) If a conservator for the estate of a ward has not been appointed with existing authority, commence a proceeding, including an administrative proceeding, or take other appropriate action to compel a person to support the ward or to pay money for the benefit of the ward;

(d) Consent to medical or other care, treatment, or service for the ward;

(e) Consent to the marriage of the ward; and

(f) If reasonable under all of the circumstances, delegate to the ward certain responsibilities for decisions affecting the ward's well-being.

(3) The court may specifically authorize the guardian to consent to the adoption of the ward.

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 Since § 15-14-208 is similar to repealed and reenacted § 153-5-209, C.R.S. 1963, and repealed laws antecedent to CSA, C. 76, § 4, relevant cases construing those provisions have been included in the annotations to this section.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).