What happens if a parent can't make decisions and there's no power of attorney in Colorado?

If a parent can no longer make decisions and never signed a power of attorney, no family member, including a spouse, automatically gets the authority to sell their home or manage their money. Someone has to ask the court. In Colorado, a conservator manages a person's property and finances, and a guardian makes personal and medical decisions. For a Colorado Springs home, the case is filed in El Paso County District Court. Once appointed, a conservator can generally sell real estate unless the court limits that power, and the court can also approve a single sale without a full conservatorship.

First, check whether you're really in this situation

Before going to court, it's worth confirming three things with an elder law attorney:

• Can your parent still sign a power of attorney? Losing some memory or ability doesn't automatically mean a person can't make a particular decision. If your parent can still understand what a power of attorney does, an attorney may be able to help them sign one now. That's usually faster and less expensive than a court case.
• Is there a document you haven't found? Check with your parent's attorney, bank, and financial advisor for an existing power of attorney or trust.
• Is the home in a trust? If your parent's home is in a living trust, the trust document may name a successor trustee who can act when your parent can't. That person may be able to sell without a court case.

A parent is treated as able to make their own decisions until a court says otherwise. A family member's belief that a parent can't manage doesn't change who has to sign.

A spouse doesn't automatically have authority

This surprises many families. If one spouse can no longer make decisions, the other spouse doesn't automatically gain the power to sell property both of them own, or property in the other spouse's name alone. If both names are on the deed, both signatures are normally needed. A spouse in this situation may need the same court process as an adult child.

Conservator or guardian: which one you need

Some families need both, and the same person can be appointed to both roles. Colorado updated its guardianship law in 2026 (HB26-1100, signed in May 2026), adding rights for adults under guardianship and a preference for less restrictive options when they'll work.

How the court process works in El Paso County

The case is filed in the county where your parent lives. For a Colorado Springs resident, that's El Paso County District Court, at the El Paso County Judicial Building, 270 S. Tejon St. The courthouse has a self-help center, and the Colorado Judicial Branch publishes the forms and instructions online.

For a conservatorship, the main steps are:

1. File a petition asking the court to appoint a conservator, along with the proposed conservator's acceptance and background information.
2. Serve your parent in person at least 14 days before the hearing, and notify other interested family members.
3. A court visitor meets with your parent. The court must appoint a visitor, and it may also appoint an attorney for your parent or a guardian ad litem.
4. The hearing. Your parent generally attends unless the court excuses them.
5. Letters of conservatorship. If the court appoints a conservator, it issues letters confirming their authority. The title company will ask for a copy.
6. Ongoing duties. The conservator files an inventory and financial plan, then annual reports, and must act in your parent's best interest.

The process takes time. Ask the attorney for a realistic timeline in El Paso County, and plan the sale around it.

Selling the home once a conservator is appointed

Under Colorado law, a conservator generally has the power to sell real estate, unless the court's order of appointment limits that power. Some orders do. Read the letters and the order before listing, and have the title company review them early, just as it would review a power of attorney.

If the only thing that needs to happen is the sale of the home, the court can also authorize that single transaction without appointing a full conservator. An attorney can tell you whether that makes sense for your family.

A few practical points while the case is pending:

• Plan, but don't sign. You can prepare: get a market analysis, decide what to do with belongings, and line up the team. But no one can sign a listing agreement or contract for your parent until the court gives someone authority.
• Protect the house. If your parent has moved to care, the home may sit empty. Keep insurance, utilities, and regular checks in place.
• Keep records. A conservator is accountable to the court for every dollar, including the sale proceeds and the costs of preparing the home.
• Document the price. A market analysis showing what the home is worth protects the conservator and helps if other family members have questions.

Where a real estate professional fits

A real estate professional can't decide whether your parent has capacity, can't give legal advice, and can't sign for your parent. What we can do is help you plan the sale around the court process: what the home is likely worth, what preparation it needs, and how the timeline fits the hearing date and the letters. Once someone has authority, the sale works much like any other, with the conservator signing.

If you're the parent

The best way to keep your family out of this situation is to sign a financial power of attorney that covers real estate while you're able to, and to name a backup agent. Selling a parent's house with a power of attorney in Colorado explains what makes one work for a home sale.

What could change the answer

• Your parent's capacity for a specific decision. If your parent can still sign a power of attorney, the court may not be needed.
• A trust. A successor trustee may be able to act without a conservatorship.
• The court's order. A conservator's power to sell can be limited, or the court may approve only a single transaction.
• Family disagreement. Objections from other family members can lengthen the case.
• Urgency. If the home or your parent's finances need immediate protection, an attorney can explain what the court can do quickly.

When to talk with a professional

An elder law attorney is the first call. They can assess whether a power of attorney is still possible, explain conservatorship and guardianship, and represent you in court. The Colorado Judicial Branch self-help center can explain forms if you file on your own. The title company can review the court order and letters before listing. A CPA can explain the tax side of the sale. If you suspect someone is taking advantage of your parent, El Paso County Adult Protective Services takes reports at (719) 444-5755. The Pikes Peak Area Agency on Aging, at (719) 471-2096, can point families to local resources.

Sources

• Colorado Judicial Branch, Quick Guide to Appointment of a Conservator – Adult (JDF 875QG): https://www.coloradojudicial.gov/sites/default/files/2023-07/JDF875QG.pdf
• Colorado Judicial Branch, Conservatorship for Adults: https://www.coloradojudicial.gov/self-help/conservatorship-adults
• Colorado Revised Statutes § 15-14-425, Powers of conservator in administration: https://law.justia.com/codes/colorado/title-15/colorado-probate-code/article-14/part-4/section-15-14-425/
• Colorado Revised Statutes § 15-14-412, Protective arrangements and single transactions: https://colorado.public.law/statutes/crs_15-14-412
• Colorado General Assembly, HB26-1100 fiscal note (guardianship for incapacitated adults): https://leg.colorado.gov/bill_files/113858/download
• Colorado Judicial Branch, El Paso County courts: https://www.coloradojudicial.gov/courts/trial-courts/el-paso-county
• El Paso County Adult Protective Services: https://humanservices.elpasoco.com/adult-protective-services/