Conservatorship
Guardianship

Adding or Replacing a Guardian

In this section:

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.

Replace a Guardian

Criteria for Replacing a Guardian

A person who is under the care of a guardian is referred to as a "Ward".

You can ask the court to replace the current guardian with someone else if:

  1. The guardian dies;
  2. The person who is the guardian no longer wants to be the guardian; or
  3. The court decides to remove the current guardian.

Any person who is concerned about the well-being of the Ward can ask the court to replace the current guardian.

You can ask the court to name you as the replacement guardian, or you can ask the court to name someone else.

You must be at least 21 years old to be a guardian.

Preparing to Replace a Guardian

Before you file paperwork to replace a guardian, 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 Ward's parent, and you live with the Ward, 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 will file your paperwork to replace the current guardian with the same court where the existing guardianship case is located. You will use the same case number from the existing guardianship case.

Forms and Paperwork Required

Use the forms link above to download and complete the Replacing a Guardian forms. For detailed instructions on completing these forms, see JDF 847 Instructions for Filing a Petition for Appointment of Co-Guardian/Conservator or Successor Guardian/Conservator.

Paperwork Tips

The person filing the case will be known as the Petitioner, and the adult or minor who you want to be the guardian for will be known as the Ward.

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

Check the box that says "Successor Guardian" at the top of JDF 857 Petition for Appointment of Co-Guardian or Successor Guardian.

JDF 857 Petition for Appointment of Co-Guardian or Successor Guardian and JDF 805 Acceptance of Office must be signed in front of a notary public or court clerk. You can find a notary public by looking in the Yellow Pages, on the Internet, or by going to your local bank.

Fill out only the top "caption" part of JDF 858 Order Appointing Guardian for Adult and JDF 849 Letters of Guardianship - Adult or JDF 830 Letters of Guardianship - Minor. 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. There is no filing fee required.

What Happens Next?

After you file these forms and documents with the court, you can ask the clerk how to get a date for a court hearing.

Give Notice to the Ward 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 857 Petition for Appointment of Co-Guardian or Successor Guardian to the Ward (if the Ward is at least 12 years old), as well as to all other persons interested in the case, at least 14 days before the hearing.

Review the paperwork from the case where the current guardian was named. Give notice to all of the same people that received notice of the case naming the current guardian.

Also review JDF 847 Instructions for Filing a Petition for Appointment of Co-Guardian/Conservator or Successor Guardian/Conservator for a list of interested persons who must get notice.

How to Give Notice

  1. Complete the required form. Use the forms link above to download and complete JDF 711 Notice of Hearing.
  2. Deliver the paperwork. You must mail or hand-deliver a copy of JDF 711 Notice of Hearing, along with a copy of JDF 857 Petition for Appointment of Co-Guardian or Successor Guardian, to the Ward (if at least 12 years old) and to all other interested persons.
  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 711 Notice of Hearing and file it with the court.

After You Become the Guardian

Forms and Paperwork Required

  • After the court names you as the replacement guardian, you must complete JDF 800 Acknowledgment of Responsibilities and 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 849 Letters of Guardianship - Adult or 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 Ward (if at least 12 years old) 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, or as otherwise ordered by the court, you will be required to file JDF 850 Guardian's Report - Adult or JDF 834 Guardian's Report - Minor 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 or JDF 834 Guardian's Report - Minor.
    • You will need to mail or hand-deliver a copy of JDF 850 Guardian's Report - Adult or JDF 834 Guardian's Report - Minor to the Ward (if at least 12 years old) 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.

Additional Resources