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Over 18

Submitted by [user:field_first_name]

Guardianship of an Adult

Who Can File?

  • Any person who is interested in the welfare of the Respondent.

Who Can be a Guardian?

  • They must be at least 21-years old.
  • Either a resident or non-resident of Colorado.
  • Someone who the Court feels is qualified.

Where Do I File?

  • Option 1 - In the county where the Respondent resides.
  • Option 2 - If Respondent has been ordered to an institution, you may file in the county of the Court that issued the order.
  • Emergency or Temporary Substitute - File in the court where the Respondent is present. 

When will the Court Appoint a Guardian?

  • When the Respondent is determined to be incapacitated. 
  • The Guardian may be given restrictions by the Court.

When is an Adult Considered Incapacitated?

  • When they are unable to effectively receive or evaluate information or both.
  • Or, when they make or communicate decisions.
  • To the extent that an individual lacks the ability to satisfy essential requirements for physical health, safety, or self-care. 
  • Even with appropriate and reasonably available technological assistance. 

How much does it cost?

  • Required Fees
    • Filing fee - $199
    • Certification of Orders - $20
  • Possible Fees
    • Court Visitor & Respondent Counsel Fees.
    • The court determines if paid by Petitioner or Respondent.

What Do I File?

  • JDF 841 - Petition
    • PDF   |   WORD
    • Attach a copy of a physician's letter or professional evaluation.
  • JDF 805 - Acceptance of Office
    • PDF   |   WORD
    • Attach:
      • A name-based criminal history check.
      • Current credit report for the proposed guardian.
        • Strikethrough all social security numbers except the last four digits. 
      • A copy of the proposed guardian's driver's license, passport, or other government-issued identification.
  • JDF 719 - Waiver of Notice
  • JDF 721 - Irrevocable Power of Attorney
    • PDF   |   WORD
    • Use only if the proposed guardian lives out of state.
  • JDF 849 - Letters of Guardianship
  • JDF 843 - Order for Emergency Guardian
  • JDF 848 - Order for Guardian
  • JDF 840 - Instructions

To Whom Do I Give Copies?

Any interested persons that apply to your circumstances. These may include:

  • Spouse of Respondent
  • Partner (Civil Union) of Respondent
  • Parents of Respondent
  • Adult children of Respondent
  • Any Guardian or Conservator currently acting for Respondent.
  • Any person who has care or custody of the Respondent.
    • Including a treating physician. 
  • Any adult with whom the Respondent resided for more than six months within one year of filing the petition.
  • Any adult relative of the Respondent, if there is no spouse, partner (civil union), parent, or adult children. 
  • Any legal representative of the Respondent.
  • Any nominated person as Guardian by the Respondent.

What Happens After I File?

  • Schedule a Hearing
    • Some courts assign dates when you file.
    • Others require you to contact the court to schedule.
  • Fill in the Hearing date on the forms.
  • Notice to Interested Persons
    • Service by Mail
      • If you know the address of the person with whom you're giving notice, complete the Notice of Hearing - JDF 806. 
      • You must include all documents filed with the Court.
      • Mail at least 14 days before the hearing.
      • Be sure to complete the certificate of service section on the form.
    • Service by Publication
      • If you do not have a current address for an interested person, or their identity is not known and cannot be determined with reasonable diligence, you must publish the Notice of Hearing in the newspaper.
      • Complete these forms:
        • JDF 716 - Notice of Hearing by Publication.
          • JDF   |   WORD
          • Publish in a Newspaper in the County where the hearing will be held.
          • It must be published once a week for three weeks in a row with the last date of publication at least 14 days before the hearing.
          • Petitioner must request a publisher's affidavit from the newspaper and this must be attached to the affidavit regarding due diligence and proof of publication.
        • JDF 714 - Proof of Publication
    • Service to the Respondent
      • Provide the Notice of Hearing to the Respondent by Personal Service.
      • Respondent must be served at least 14 days before the hearing.

The Hearing

  • The Petitioner and Respondent must appear unless excused by the Court.
    • If Respondent can't attend, the Petitioner needs to file a Motion to excuse the Respondent. Attach supporting documents as needed.
  • The Petitioner will make their arguments for why guardianship is necessary.
    • This will may involve making a statement in Court, asking questions to witnesses you have asked to attend, or about documents you provide them at the Hearing.
  • If the Court appoints a Guardian:
    • The Court will issue Letters - JDF 849.
    • The Court will sign the Appointment Order.
    • Copies of the Order must be provided to all interested persons by the Guardian.

Requirements After Guardian Appointed

  • Guardian must complete, sign, and file:
    • Acknowledgment of Responsibilities - JDF 800.
    • Probate Case Information Sheet - JDF 705.
  • Care Plan & Guardian Report
    • Refer to the Order for information on the care plan for the protected person and the due date of the annual guardian report.
      • Generally, the first report is due within 60 days after the appointment.
      • Then a report is due annually. 

Keep in Mind

  • The ward/respondent may not move outside of Colorado without a Court Order.
  • A Guardian's Manual is available to assist new Guardians. 

Need More Help?

Use our contact options to locate courts, legal services, attorneys, legal clinics, libraries and legal events in your area and around Colorado.

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