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Guardianship for Adults

Conservatorship
Guardianship

Guardianship for Adults

These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.

Become the Guardian for an Adult

Criteria to Become the Guardian for an Adult

Any person who is concerned about the well-being of an adult can file a guardianship case.

You must be at least 21 years old to be the guardian for an adult. You can ask the court to name you as the guardian, or you can ask the court to name someone else who is at least 21 years old.

You can be the guardian for an adult who lives in Colorado even if you live in another state.

The court will name a guardian for an adult only if the court decides that the adult needs a guardian. The court will need to decide that the adult is not able to care for themselves or make their own decisions without help.

Before the court names you as the guardian, it will review your criminal history and current credit report to make sure that you are a good choice to be the guardian.

Preparing to Become the Guardian for an Adult

Before you start your case, you (or anyone else who wants to be the guardian) will need these things:

  1. A copy of your criminal history report from the Colorado Bureau of Investigation (CBI)
  2. A copy of your current credit report
  3. A copy of your driver's license, passport, or other government-issued identification

You should also get a letter from a doctor describing the condition of the adult (Respondent) and why he/she needs a guardian.

Note: If you are the adult's (Respondent's) parent, and you live with the adult, you must provide a copy of your driver's license. However, you may not need to provide your criminal history report or your credit report. Please check with the court you are filing your case with regarding these requirements.

Criminal History Report

To get a copy of your criminal history report, visit the CBI website.

You can also go to the CBI directly at 690 Kipling Street, Denver, CO 80215. You can reach the CBI by phone at (303) 239-4300. There will be a fee for running your criminal history report. The fees charged by this agency are set by the agency and may change without notice.

Even if there is nothing on your criminal history report, you will still need to file this document with the court.

Credit Report

You can use any credit reporting agency to get your current credit report. Here are a few choices:

  • Equifax, Inc. - P.O. Box 740241, Atlanta, GA 30374; +1 (800) 685-1111
  • Experian - P.O. Box 2002, Allen, TX 75013; +1 (888) 397-3742
  • TransUnion - P.O. Box 2000, Chester, PA 19022; +1 (800) 916-8800

Make sure to black out your Social Security number and financial account numbers included on the credit report. There may be a fee for getting your credit report.

Government-Issued ID

When you make a photocopy of your driver's license, passport, or other government-issued ID, black out the driver's license or other identification number and make sure the copy is clear enough for the court to read.

Identify Where to File Your Paperwork

You should file your case with the district court in the county where the adult (Respondent) lives. Use the courts locator to find the correct district court. If you are filing in Denver, you will need to file your case in the Denver Probate Court. (internal link needed)

If a court has ordered the adult (Respondent) to go to a mental health institution, you can file your case in the county where the court that gave the order is located.

If you are asking for an emergency guardianship or for a temporary substitute guardian, you can file your case in the county where the adult (Respondent) lives.

Forms and Paperwork Required

Use the forms link above to download and complete the Become the Guardian for an Adult forms. For detailed instructions on completing these forms, review JDF 840 Instructions for Appointment of a Guardian - Adult.

Paperwork Tips

The person filing the case will be known as the Petitioner. The adult who may need a guardian will be known as the Respondent.

The nominee must complete and sign the CAPS Check Written Authorization Form.

Use JDF 721 Irrevocable Power of Attorney only if the person who wants to be the guardian does not live in Colorado.

Use JDF 843 Order Appointing Emergency Guardian - Adult only if this is an emergency situation. You will need to explain why this is an emergency on your JDF 841 Petition for Appointment of Guardian for Adult form.

Fill out only the top "caption" part of JDF 848 Order Appointing Guardian for Adult and JDF 849 Letters of Guardianship - Adult. The court will fill out the rest.

How to Submit Paperwork to the Court

  1. Take your completed forms to the clerk at the counter in the courthouse. Give the forms to the clerk to file your case. You will also give the clerk your criminal history report, your credit report, and the copy of your driver's license.
  2. Pay the filing fee. If you do not think you can afford the filing fee, fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee, or visit our File Without Payment section for complete information.

Guardianship for Adults Filing Fees

Petition for Appointment of Guardian for Adult$199.00

What Happens Next?

After you file your forms and documents with the court, you will be given a case number. You can ask the clerk how to get a court date for a hearing.

The Court Visitor

The court will assign a person known as a Court Visitor to investigate the necessity of the guardianship and whether or not the person asking to be the guardian is an appropriate choice. The Court Visitor will review paperwork filed with the court and conduct interviews as necessary. The Court Visitor will then give a written report to the court. There will be a fee for the Court Visitor's written report.

Give Notice to the Respondent and Other Interested Persons

After you file your paperwork with the court and get a date for a hearing, you must give notice of the hearing date and time, along with a copy of JDF 841 Petition for Appointment of Guardian for Adult, to the adult (Respondent), as well as to all other persons interested in the case, at least 14 days before the hearing. For a list of interested persons who must get notice, see JDF 840 Instructions for Appointment of Guardian - Adult.

There are different requirements for giving notice to the Respondent and to other interested persons, and these notices must be done separately.

How to Give Notice to the Respondent

  1. Complete the required form. Fill out JDF 807 Notice of Hearing to Respondent.
  2. Arrange to have the paperwork delivered to the Respondent. You must arrange to have JDF 807 Notice of Hearing to Respondent, along with a copy of JDF 841 Petition for Appointment of Guardian for Adult, delivered to the Respondent.
    • The process of having these forms delivered is known as personal service. Self-Help Service of Process will help you understand how to arrange for personal service and how to return proof of service to the court.

Note: The Respondent must attend the hearing unless excused by the court. You must do your best to make sure that the Respondent attends the hearing.

How to Give Notice to Other Interested Persons

  1. Complete the required form. Fill out JDF 806 Notice of Hearing to Interested Persons.
  2. Deliver the paperwork to all interested persons. You must mail or hand-deliver a copy of JDF 806, along with a copy of JDF 841 Petition for Appointment of Guardian for Adult, to each interested person.
  3. File Certificate of Service with the court. After mailing or hand-delivering copies of the forms, complete the Certificate of Service part of JDF 806 Notice of Hearing to Interested Persons and file it with the court.

After You Become the Guardian

After the court names you as the guardian, the adult will be referred to as the Ward.

Forms and Paperwork Required

  • After the court names you as the guardian, use the forms link above to download and complete JDF 705 Probate Case Information Sheet and JDF 800 Acknowledgment of Responsibilities, then file them with the court.
    • After you file these forms, check with the court to find out how to obtain a certified copy of JDF 849 Letters of Guardianship - Adult. This is the document that proves you are the guardian. You may be required to pay a fee to obtain a certified copy of the Letters.
  • Within 30 days after being named as the guardian, you must complete JDF 812 Notice of Appointment of Guardian, then mail or hand-deliver a copy to the Ward and to all other interested persons. After mailing or hand-delivering a copy, fill out the Certificate of Service part of the form and file it with the court.
  • Within 60 days after being named as the guardian, or as otherwise ordered by the court, you must complete JDF 850 Guardian's Report - Adult. Since this will be your first report, you will check the box at the top of the form that says "Initial Report/Care Plan."
  • Once a year, or as otherwise ordered by the court, you will also be required to file JDF 850 Guardian's Report - Adult with the court. When you file your yearly report, you will check the box at the top of the form that says "Annual Report". Depending on the court, the Letters may be valid for only one year and may be renewed after you file a completed JDF 850 Guardian's Report - Adult.
    • You will need to mail or hand-deliver a copy of JDF 850 Guardian's Report - Adult to the Ward and to all other interested persons. The notice must be delivered or sent within 10 days after the filing of the report. After mailing or hand-delivering a copy, fill out the Certificate of Service part of the form and file it with the court.

Additional Resources