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Denver - Probate

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2nd Judicial District

Denver Probate

Policies & Procedures

Guardian ad Litem

A Guardian Ad Litem may be appointed by the court to look after, protect and facilitate the interests of someone who is unable to take care of themselves, commonly a minor or individual who is determined to be incapacitated. The Guardian Ad Litem’s representation of the incapacitated person is limited to the matter in which the court appointed them. The Guardian Ad Litem reports to the court and carries out its direction in accordance with their order of appointment. It is important to know that although a court appointed attorney and a court appointed Guardian Ad Litem might both be licensed attorneys, their roles are different in that a GAL is an unbiased reporter, whereas court appointed counsel represent the interests of the incapacitated individual.

The court will consider the Guardian Ad Litem’s reporting in an evidentiary manner in connection with the court’s management of the case. Responsibility of payment for the Guardian Ad Litem’s service is determined by the court, in accordance with the rates set forth in Chief Justice Directive 04-05. State payment of these fees may be requested by filing JDF 208 Application for State Paid Professional for the court’s review.

How to be added to the Guardian Ad Litem appointment list for the Denver Probate Court:

Submit the FY25 Attorney’s Application to Provide Legal Services to Amber.Roth@judicial.state.co.us for consideration. 

Court Appointed Counsel 

Counsel may be appointed by the court to represent the interests of a party.

Responsibility of payment for Court Appointed Counsel’s service is determined by the court, in accordance with the rates set forth in Chief Justice Directive 04-05. State payment of these fees may be requested by filing JDF 208 Application for State Paid Professional for the court’s review.

How to be added to the Court Appointed Counsel appointment list for Denver Probate Court:

Submit the FY25 Application for CAC in MH Cases to Amber.Roth@judicial.state.co.us for appointment consideration in Mental Health case types.

Submit the FY25 Attorney’s Application to Provide Legal Services to Amber.Roth@judicial.state.co.us for appointment consideration in all other case types.

Court Visitor

A Court Visitor may be appointed by the Court to investigate all Adult Protective Proceedings cases. The Court Visitor conducts interviews of the Petitioner, the Respondent, and other interested parties. The Court Visitor then compiles information into a report that is filed with the Court for review and consideration. The Visitor may recommend the appointment of an attorney to represent the Respondent. If such a recommendation is made, the Court will appoint an attorney to represent the Respondent. The Visitor may also recommend the appointment of a Guardian ad Litem (GAL) for the benefit of the Respondent. If such a recommendation is made, the Court may also appoint a GAL to make further recommendations regarding the Respondent’s best interests. The court will consider the Court Visitor’s reporting in an evidentiary manner in connection with the court’s management of the case. The petitioner is responsible for payment of the Court Visitor’s service, in accordance with the rates set forth in Chief Justice Directive 04-05. State payment of these fees may be requested by filing JDF 208 Application for State Paid Professional for the court’s review.

Certified Letters Fees

Effective July 1, 2023 - A single certification fee and copy fee may be waived for certified letter requests if the following conditions have been met:

 

  • The requestor is the individual who previously paid for a certified copy of the same appointment 
  • The letters being requested are renewed letters of the same appointment and fall under one of following appointment types: 
    • Protective Proceedings - issued upon the initial appointment and may be issued subsequently upon the review of the annual guardian or conservator reports, a granted extension, or due to a request for correction (if the error was the Court’s).
    • Estate matters - issued upon the initial appointment and may be issued subsequently upon a granted extension or due to a request for correction (if the error was the Court’s).

 

The above process does not apply towards postage fees. Postage fees will apply if the requestor wants the certified copy mailed to them.

 

A requestor who has been determined to be indigent by an order granting a Motion to Waive Fees (JDF 205) will have their costs waived for the duration of the case.