Criteria to Become the Guardian for a Minor

Any person concerned about the welfare of a minor can file a guardianship case.

You must be at least 21 years old to be the guardian for a minor. 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 as the guardian.

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

The court will name a guardian for a minor only if the court decides that it would be in the best interest of the minor to do so.

The court may name a guardian for the minor if:

1. The parents agree; or
2. The parents' parental rights have been taken away by the court; or
3. The parents are not able to care for the minor (for example, if the parents have died, or if they have abandoned the minor); or
4. The person named as the guardian for the minor dies or becomes incapacitated, and they did not name a replacement guardian.

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

If you do not understand this information, please contact an attorney.

Preparing to Become the Guardian for a Minor

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

Note: If you are the minor's (Respondent's) parent, and you live with the minor, 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.

Driver's License

When you make a photocopy of your driver's license, 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 minor (Respondent) lives, or where the minor can be found.

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)

Forms and Paperwork Required

Use the forms link above to download and complete the Become the Guardian for a Minor forms. For detailed instructions on completing these forms, review JDF 823 Instructions for Appointment of a Guardian - Minor.

Paperwork Tips

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

If the minor is at least 12 years old, the minor will also need to sign JDF 826 Consent or Nomination of Minor.

Fill out only the top "caption" part of JDF 827 Order Appointing Guardian - Minor and JDF 830 Letters of Guardianship - Minor. The court will fill out the rest.

Use JDF 828 Order Appointing Temporary Guardian - Minor only if you need a temporary guardian. You will need to explain this on the JDF 824 Petition for Appointment of Guardian - Minor form.

Use JDF 829 Order Appointing Emergency Guardian - Minor only if this is an emergency situation. You will need to explain why this is an emergency on the JDF 824 Petition for Appointment of Guardian - Minor form.

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

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.

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.

Give Notice to the Minor 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 824 Petition for Appointment of Guardian - Minor, to the parents, to the minor (Respondent) (if the minor is at least 12 years old), and 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 823 Instructions for Appointment of Guardian - Minor.

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

How to Give Notice to the Minor

Note: This only applies if the minor is at least 12 years old.

1. Complete the required form. Fill out JDF 807 Notice of Hearing to Respondent.
2. Arrange to have the paperwork delivered to the minor. You must arrange to have JDF 807 Notice of Hearing to Respondent, along with a copy of JDF 824 Petition for Appointment of Guardian - Minor, delivered to the minor.
   • 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.

How to Give Notice to the Parents and 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 Notice of Hearing to Interested Persons, along with a copy of JDF 824 Petition for Appointment of Guardian - Minor, to the parents and 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 for the minor, the minor 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 800 Acknowledgment of Responsibilities, then file it with the court.
  • After you file this form, check with the court to find out how to obtain a certified copy of JDF 830 Letters of Guardianship - Minor. 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 and mail or hand-deliver a copy to the minor (if at least 12 years old), to the parents, 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.
• Once a year on the minor's birthday, or as otherwise ordered by the court, you will also be required to file JDF 834 Guardian's Report - Minor with the court. Depending on the court, the Letters may be valid for only one year and may be renewed after you file a completed JDF 834 Guardian's Report.
  • You will need to mail or hand-deliver a copy of JDF 834 Guardian's Report - Minor to the minor (if at least 12 years old), to the parents, 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.