Abuse of Power by Guardians and Powers of Attorney in Colorado

Letting someone else take charge of a loved one’s health and safety is never easy, and it becomes even harder if that person starts to misuse their authority. If a fiduciary’s actions put your family member at risk, you may need to contest their medical POA Colorado documents to protect their wishes.  

State law provides specific legal pathways to remove a guardian in Colorado when a court-appointed fiduciary fails to meet their obligations. In this article, I will explain what to do if you suspect abuse of medical power of attorney in Colorado and how our probate litigation attorneys handle these disputes across the state.

• Can a medical power of attorney be overridden in Colorado? Yes. If the patient is competent, they can override the agent. A court can also remove an agent if there is evidence of abuse. 

• Can a guardian overrule a medical power of attorney? Generally, no. Courts typically view a valid medical power of attorney as a least restrictive alternative that makes a guardianship unnecessary. If both exist, the agent’s decisions take precedence unless a court specifically finds the agent isn’t acting in the person’s best interest and orders otherwise. 

• What qualifies as an abuse of power? Abuse includes making decisions that harm the principal, isolating them from family, refusing beneficial treatment, or acting for the agent’s own benefit rather than the patient’s.

• Will I need to go to probate court to challenge a medical POA? Often, yes. While an agent may step down voluntarily, removing a hostile or abusive agent typically requires a court order and evidence of misconduct. 

If a fiduciary’s actions extend beyond their legal limits, support can quickly devolve into exploitation. Recognizing a legal breach—and stopping it—requires an acute grasp of what a representative can and can’t do. Knowing these boundaries makes it easier to recognize when something is wrong and put a stop to it. 

A medical POA is a legal tool that lets someone choose another person to make medical and end-of-life decisions for them if they’re unable to make those decisions for themselves. 

In Colorado, medical POAs may cover:

• Routine care

• Long-term care

• Surgery

• Treatment

Courts will appoint a guardian to make decisions on an incapacitated person’s behalf. Guardians oversee day-to-day needs, including: 

• Food

• Shelter

• Safety

• Medical Care

Limited vs. Unlimited Guardianships

The court determines the guardian's authority based on the individual under their care's needs. 

• Limited guardianships only cover certain areas, such as housing, while the patient retains other rights. Courts prefer limited guardianships to preserve the patient’s independence, as reflected in C.R.S. 15-14-314.

• Unlimited guardianships give the guardian full control. Courts are cautious about granting guardians unlimited power, as doing so may increase the risk of abuse or exploitation of the incapacitated individual.

Clients often confuse medical POAs with financial POAs, but knowing the difference between medical and financial power of attorney in Colorado is crucial for spotting when an agent has gone from helping your loved one to harming them. 

A financial POA manages assets; therefore, abuse in this context usually means mishandling funds. Medical abuse, on the other hand, is about poor care. Because these “assets” are fundamentally different, the way families uncover exploitation—and prove it in court—can vary significantly. 

• Financial abuse - Often easier to spot because you can look for exploitative patterns in bank statements and transaction records.

• Medical abuse - Can present more subtly, and thus be harder to prove since it often depends on interpreting subjective care decisions. 

Overcoming HIPAA Privacy Barriers to Prove Abuse 

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) can make it hard for families to get the records they need to prove abuse. Contesting a medical POA in Colorado often requires the expert testimony of a doctor or geriatric specialist to demonstrate that the agent is acting in bad faith or not following the patient’s wishes. 

If you’re facing a HIPAA privacy wall, our probate attorneys may be able to help. The Colorado Probate Code lets someone with a strong connection to the vulnerable person ask the court to access records if they can show:

1. they have a substantial relationship with the vulnerable person and 

2. there is a legitimate interest in the vulnerable person’s welfare.

HIPAA also allows protected health information to be disclosed during abuse and neglect investigations. Colorado law aligns with this principle for at-risk adults. A probate attorney can work with Adult Protective Services or law enforcement to initiate an investigation, which could lead to your ability to access medical records.

If you need help gathering the necessary documents, such as medical records, to help protect your loved one being abused by a guardian, call 303-688-0944 or set up some time online to speak with a member of our compassionate Probate Team. 

Protecting a loved one from medical abuse begins with noticing subtle shifts in their daily life, especially in their personal care and how freely they can speak with people outside their medical agent or guardian.

If you notice any of the following signs, your loved one could be experiencing abuse from their agent or guardian: 

• Enforced isolation - The agent prevents you and other family members from visiting or speaking with your loved one, often without a valid medical reason. 

• Medical silencing - The agent speaks for your loved one at appointments, won’t let them speak privately with their care team, or conceals diagnoses from the family so as not to allow opportunities for a second opinion. 

• Contradictory care - Your loved one gets medical treatments—or has treatments stopped—that go against their long-held wishes or medical history. 

• Standard neglect - You notice your loved one’s hygiene, nutrition, or living conditions have declined in ways that are out of character for them. 

A common source of litigation occurs when a person has both a Medical POA and a court-appointed guardian. In such cases, who is in charge?

Under Colorado law, the agent appointed by the individual usually retains medical decision-making authority, even if a guardian is appointed later. C.R.S. 15-14-316 explicitly states that “If a medical durable power of attorney… is in effect, absent an order of the court to the contrary, a health-care decision of the agent takes precedence over that of a guardian.”

Unless a judge specifically says otherwise, the agent your loved one chose has more authority over medical decisions than the court-appointed guardian. A guardian can’t cancel a medical power of attorney without the court’s approval. 

Removing a fiduciary isn’t a simple process, but Colorado law offers ways to protect your loved one if an agent or guardian isn’t acting in their best interest. If an agent is acting selfishly or carelessly, you can ask the court to intervene by:

1. Asking the agent to step down - Sometimes, a formal request from an attorney is enough to convince an agent to resign, avoiding a court battle. 

2. Expressing concerns to the principal - If the patient is still mentally competent, they retain the right to revoke the power of attorney at any time. 

3. Petitioning the court for removal - If the agent refuses to resign and the patient is incapacitated, you must go to court. A judge can remove an agent or guardian if there is sufficient evidence that they’re not acting in the principal’s best interest. 

Deciding to remove an abusive agent or guardian usually happens during a moment of crisis, but the legal process follows a set path through the state’s probate system. Litigation can involve strict filing deadlines and evidentiary standards that require precise navigation, which a probate attorney is uniquely equipped to handle. 

Here is the general timeline for challenging an agent or guardian in Colorado:

1. Petition filed - Your attorney files a petition with the probate court outlining the abuse.

2. Emergency motions - If the risk is imminent, like in cases of medical neglect, the court can suspend powers immediately without a prior hearing. 

3. Discovery - Your attorney gathers evidence, medical records, and communications to prove the abuse. 

4. Hearing - All parties present evidence. The judge determines if the agent violated their fiduciary duty. 

5. Ruling - The judge may remove the agent, appoint a temporary substitute guardian, or restrict the guardian’s powers. 

With Robinson & Henry, our probate litigators will handle the procedural heavy lifting so you can focus on keeping your loved one safe.

If the court denies your petition, you still have options, but you’ll need to be willing to shift your approach. You may be able to:

• Request a formal audit of agent care decisions. 

• Ask for an independent court visitor’s appointment.

• Be ordered to undergo mandatory mediation. 

• Motion the court to reconsider or appeal. 

• Petition to be appointed as a guardian yourself. 

Keep in mind that petitioning to become a guardian doesn’t automatically revoke the existing medical agent’s authority. An experienced Colorado probate litigation attorney can advise you of your options based on your family’s needs. 

While medical powers of attorneys and guardianships are meant to protect vulnerable people, agent-guardian conflicts are time-sensitive matters that require prompt legal action. Our Probate Litigation Team helps families throughout Colorado stop elder abuse and restore proper care plans. Together, we’ll focus on:

• Evidence assessment - Scrutinizing medical records and agent actions to identify common signs of abuse, such as isolation, sudden changes to treatment, or neglect that constitutes a fiduciary breach. 

• Procedural navigation - Guiding you through the complexities of Colorado probate law, from filing emergency motions to appointing temporary substitute guardians when your loved one’s health is at risk. 

• Litigation representation - Advocating for your family in contested hearings to remove negligent agents and establish a guardianship that truly serves the principal’s best interests. 

Take the next step toward protecting your loved one’s well-being. Call 303-688-0944 or book a consultation online with a Colorado probate litigation attorney today. We have multiple offices in the Denver Metro and Colorado Springs areas for your convenience.