Uncontested proceedings are typically very informal, lasting up to 30 minutes. If an attorney represents the petitioner, they will likely conduct the hearing by providing the court with an “offer of proof.” 

This is essentially a statement the attorney makes instead of providing witness testimony. It provides the court with all relevant legal and jurisdictional facts to establish the elements required to grant guardianship/conservatorship.

Following the offer of proof, the judge would likely ask a few short questions to the proposed guardian/conservator and respondent to confirm the statements provided by counsel and to verify that the proposed guardian/conservator understands their duties. 

If an attorney does not represent the petitioner, it would be the petitioner’s responsibility to show the court that all elements needed to establish a guardianship/conservatorship are met, either by providing their offer of proof or calling witnesses and evoking the necessary testimony. 

Suppose the judge determines that a guardianship/conservatorship is appropriate and that the proposed guardian/conservator fits the duties. In that case, they often appoint a guardian or conservator at the hearing.

If you need to speak with a Colorado Springs conservator lawyer or a Colorado Springs Guardianship lawyer, please call us today.