Criteria to Become the Conservator for an Adult

Any person concerned about the adult's financial situation, or any person who would be negatively affected if the adult's finances are not managed correctly, can file a conservatorship case.

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

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

The court will name a conservator for an adult only if the court decides that the adult needs a conservator. The court will need to decide that the adult is not able to manage their financial situation without help.

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

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

Preparing to Become the Conservator for an Adult

Before you start your case, you or the person(s) wanting to be the conservator should review JDF 805 Acceptance of Office to determine if you must file:

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

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. If the adult (Respondent) does not live in Colorado, you can file your case in any county in Colorado where the adult owns property.

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 Conservator for an Adult forms. For detailed instructions on completing the forms, see JDF 875 Instructions for Appointment of a Conservator - Adult.

Paperwork Tips

The person filing the case will be known as the Petitioner. The adult who may need a conservator 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 conservator does not live in Colorado.

Fill out only the top "caption" part of JDF 878 Order Appointing Conservator for Adult and JDF 880 Letters of Conservatorship - 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.

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 conservatorship 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 876 Petition for Appointment of Conservator 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 875 Instructions for Appointment of a Conservator - 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 876 Petition for Appointment of Conservator 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 876 Petition for Appointment of Conservator 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 Conservator

After the court names you as the conservator, the adult will be referred to as the Protected Person.

Forms and Paperwork Required

• After the court names you as the conservator, 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 880 Letters of Conservatorship - Adult. This is the document that proves you are the conservator. You may be required to pay a fee to obtain a certified copy of the Letters.
• Within 30 days after being named as the conservator, you must complete JDF 812 Notice of Appointment of Conservator, then mail or hand-deliver a copy to the Protected Person 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 90 days after being named as the conservator, or as otherwise ordered by the court, you must complete JDF 882 Conservator's Financial Plan with Inventory and Motion for Approval and file it with the court. You should also file JDF 883 Order Regarding Conservator's Financial Plan with the court. Fill out only the top "caption" part of JDF 883 Order Regarding Conservator's Financial Plan, and the court will fill out the rest.
  • You will need to mail or hand-deliver a copy of JDF 882 Conservator's Financial Plan with Inventory and Motion for Approval to the Protected Person 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 also be required to file a completed JDF 885 Conservator's Report 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 885 Conservator's Report. Check with the court to find out when your yearly report is due.
  • You will need to mail or hand-deliver a copy of JDF 885 Conservator's Report to the Protected Person 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.