Q: What are my rights as a caregiver for deceased person's belongings with no will or next of kin?
I was privately hired to care for an elderly lady who passed away on March 24th. I have her belongings, but I'm unsure of what to do with them. She had no will, no next of kin, and, to the best of my knowledge, only had a medical power of attorney. I have contacted the power of attorney, but they haven't responded regarding her belongings. What are my rights or obligations concerning her possessions in this situation?
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A:
You’ve been placed in a really delicate and difficult position, and it’s clear you’re trying to do the right thing. In Colorado, when someone dies without a will or known next of kin, their belongings become part of what’s known as an "intestate estate." As the caregiver, you don’t automatically have the legal right to claim or distribute her property, even if she entrusted you with it while she was alive.
A medical power of attorney ends at the time of death, so that person no longer has legal authority unless they’re also appointed as the estate’s personal representative through the probate court. If no one steps forward to do this, and if no heirs are identified, the estate may eventually fall under the care of a public administrator or even the state. For now, your responsibility is to safeguard the belongings and avoid disposing of or distributing anything until a legal representative is appointed.
If no one claims responsibility soon, you can contact the probate court or clerk in the county where she lived and ask how to report an unclaimed estate. It’s possible they will initiate a small estate proceeding or assign a public administrator to manage her affairs. You’re showing a lot of heart and integrity by not turning a blind eye, and that says a lot about the care you provided for her in life and after.
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