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Home Self Help Guardianship for Adults
Home Self Help Guardianship for Adults
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.

  • FORMS for Adult Guardianship
    • Forms for Adult Guardianship
      • This page will help you learn about Guardianship Probate Rules & Laws in Colorado, case filing form & fee requirements and common legal terms.

         

        Instructions

        JDF 840 - Instructions for Appointment of a Guardian - Adult

         

        Forms

        JDF 714 - Affidavit Regarding Due Diligence and Proof of Publication

        JDF 716 - Notice of Hearing by Publication

        JDF 718 - Personal Service Affidavit

        JDF 719 - Waiver of Notice

        JDF 721 - Irrevocable Power of Attorney

        JDF 800 - Acknowledgment of Responsibilities Conservator and/or Guardian

        JDF 805 - Acceptance of Office

        JDF 806 - Notice of Hearing to Interested Persons

        JDF 807 - Notice of Hearing to Respondent (Adult or Minor

        JDF 812 - Notice of Appointment of Guardian and/or Conservator

        JDF 841 - Petition for Appointment of Guardian for Adult

        JDF 843 - Order Appointing Emergency Guardian for Adult

        JDF 844 - Notice of Appointment of Emergency Guardian and Notice of Right to Hearing

        JDF 846 - Order Appointing Temporary Substitute Guardian - Adult

        JDF 848 - Order Appointing Guardian for Adult

        JDF 849 - Letters of Guardianship - Adult

        JDF 850 - Guardian's Report - Adult

        CBI - Criminal History Record Information and Fee  

         

  • How do I become the guardian for an adult?
    • 1. Determine whether you meet the requirements to be a guardian.
      • Any person who is concerned about the well-being of the 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.

    • 2. Determine what information you need before you start your case.
      • 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

        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.

        To get a copy of your criminal history report, you can go to the CBI's 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.

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

        You can use any credit reporting agency to get your current credit report. Here are few choices:
        1. Equifax, Inc., P.O. Box 740241, Atlanta, GA 30374, 1-800-685-1111, or at www.equifax.com
        2Experian, P.O. Box 2002, Allen, TX 75013, 1-888-397-3742, or at www.experian.com
        3. TransUnion, P.O. Box 2000, Chester, PA 19022, 1-800-916-8800, or at www.transunion.com

        Make sure to black-out your social security number on the credit report. There may be a fee for getting your credit report.

        When you make a photo-copy of your driver's license, make sure the copy is clear enough for the court to read.

    • 3. Determine where to file your case.
      • You should file your case with the district court in the county where the adult (Respondent) lives.  To find the correct district court, search Courts by County.  If it is in Denver, you will need to file your case in the Denver Probate Court.

        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.

    • 4. Fill out the paperwork to start your case.
      • The person filing the case will be known as the Petitioner.  The adult who may need a guardian will be known as the Respondent.

        Download and complete these forms:
        JDF 841 Petition for Appointment of Guardian for Adult
        JDF 805 Acceptance of Office
        JDF 849 Letters of Guardianship - Adult
        JDF 848 Order Appointing Guardian for Adult
        JDF 843 Order Appointing Emergency Guardian - Adult (Use 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)
        JDF 721 Irrevocable Power of Attorney (Use only if the person who wants to be the guardian does not live in Colorado)

        For detailed instructions on completing the forms, see JDF 840 Instructions for Appointment of a Guardian - Adult.

        JDF 841 Petition for Appointment of Guardian for Adult 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 848 Order Appointing Guardian for Adult and JDF 849 Letters of Guardianship - Adult.  The court will fill out the rest.

        Take your completed forms to the courthouse and give them 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.

        The court will ask you to pay a filing fee. If you do not think you can afford it, you can request a waiver of the filing fee by completing form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit, and the caption box of JDF 206 Finding and Order Concerning Payment of Fees. For more information go to the File Without Payment section.

        After you file these 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 will assign a person to investigate the necessity of the guardianship and whether the person asking to be the guardian is an appropriate choice.  This person is known as a "Court Visitor".  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.

    • 5. 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 both 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.

        To give notice to the Respondent:
        1.  Fill out JDF 807 Notice of Hearing to Respondent. 
        2.  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.
        3.  Refer to the step-by-step instructions on how to arrange for personal service and how to return proof of service to the court.

         

        To give notice to other interested persons:
        1.  Fill out JDF 806 Notice of Hearing to Interested Persons.
        2.  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.  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.

         

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

    • 6. Determine what you need to do after you become the guardian.
      • After the court names you as the guardian, the adult will be referred to as the Ward.

        After the court names you as the 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.  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 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."

        You will also be required to file JDF 850 Guardian's Report - Adult with the court once a year or as otherwise ordered by 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.

  • How do I transfer a guardianship case from Colorado to another state?
    • 1. Determine whether you meet the requirements to transfer the guardianship case to another state.
      • If you are the guardian for an adult (Ward), you can ask the court to transfer the guardianship case to another state if:
        1. The Ward is physically present in the other state, OR
        2.  The Ward is planning to permanently move to the other state, AND
        3. There are plans in place to care for the Ward in the other state

    • 2. Determine what information you need before you file your paperwork.
      • Before you file paperwork to transfer a guardianship to another state, contact the court in the other state to find out what their requirements are, and whether they will accept the case.

        The court in Colorado will need to be satisfied that the court in the other state will accept the case before the transfer is approved.

    • 3. Determine where to file your case.
      • You will file your paperwork with the same Colorado court where the existing guardianship case is located.

        You will use the same case number that is on the existing guardianship case.

    • 4. Fill out the paperwork to start this process.
      • You will be known as the Petitioner and the adult who you are the guardian for is known as the Ward.

        Download and complete these forms:
        JDF 787 Petition to Transfer Guardianship and/or Conservatorship from Colorado to Receiving State
        JDF 788 Provisional Order re: Petition to Transfer from Colorado to Receiving State
        JDF 712 Notice of Non-Appearance Hearing Pursuant to C.R.P.P. 8.8

        For detailed instructions, see JDF 786 Instructions to File a Petition to Transfer Adult Guardianship and/or Conservatorship from Colorado to Receiving State.

        Check the "Guardianship" box at the top of JDF 787 Petition to Transfer Guardianship and/or Conservatorship from Colorado to Receiving State.

        Fill out only the top caption part of JDF 788 Provisional Order re: Petition to Transfer from Colorado to Receiving State. The court will fill out the rest.

    • 5. Give notice to the Respondent and other interested persons.
      • You need to give notice of JDF 787 Petition to Transfer Guardianship and/or Conservatorship from Colorado to Receiving State to the Ward and all other interested persons named in the case.  Also, for a list of interested persons who must get notice, see JDF 786 Instructions to File a Petition to Transfer Adult Guardianship and/or Conservatorship from Colorado to Receiving State.

        Follow these steps to give notice:
        1. Fill out JDF 712 Notice of Non-Appearance Hearing. You will need to pick a date for the non-appearance hearing and put that date on the form. The date you pick must be at least 14 days from the date that you mail or hand-deliver a copy of the Petition (JDF 787) and the Notice (JDF 712) to all interested persons.

        NOTE: A "non-appearance hearing" is not an actual hearing date, and no one needs to show up to court. This is a date the court puts on their calendar as a reminder to take further action.

        2. Mail or hand-deliver a copy of JDF 712 Notice of Non-Appearance Hearing and JDF 787 Petition to Transfer Guardianship and/or Conservatorship from Colorado to Receiving State to the Ward, and to all other interested persons named in the case.
        3. Fill out the Certificate of Service part of JDF 712 Notice of Non-Appearance Hearing before filing it with the court.
         

    • 6. File your paperwork with the court.
      • Give JDF 787 Petition to Transfer Guardianship and/or Conservatorship form Colorado to Receiving State, JDF 712 Notice of Non-Appearance Hearing, and JDF 788 Provisional Order re: Petition to Transfer from Colorado to Receiving State to the clerk at the court to file your case.

        There is no filing fee required.

    • 7. Determine what you need to do to finish transferring the case to another state.
      • After the non-appearance hearing date passes, if the court agrees with what you are asking, and no one else has come forward to disagree with you, the court will sign JDF 788 Provisional Order re: Petition to Transfer Guardianship/Conservatorship from Colorado to Receiving State.

        You will need to send a certified copy of the signed JDF 788 to the court in the state that you want to transfer the guardianship to, and get a certified copy of an Order from the other state saying that they will accept the transfer.

        After you get a certified copy of an Order from the other state saying they will accept the transfer, file that Order with the court in Colorado along with JDF 789 Final Order Confirming Transfer to Receiving State and Terminating Guardianship/Conservatorship. You only need to fill out the top "caption" part of this form. The court will fill out the rest.

        If the court signs JDF 789 Final Order Confirming Transfer to Receiving State and Terminating Guardianship/Conservatorship, you must provide a copy of the Order to the Ward and all interested persons listed in the Order.

  • How do I transfer a guardianship case to Colorado from another state?
    • 1. Determine whether you meet the requirements to transfer the guardianship case to Colorado.
      • If you are the guardian for an adult (Ward) in another state, you can ask the court to transfer the guardianship case to Colorado if:
        1. The Ward is physically present, or is planning to permanently move to Colorado, AND
        2. The transfer would be in the Ward's best interest.

    • 2. Determine what information you need before you start your case.
      • Before you start a case to transfer a guardianship to Colorado from another state, you will need a certified copy of an Order from the other state saying that they are aware that you want to transfer the case to Colorado.  Contact the court in the other state to find out how to get this document.

         

    • 3. Determine where to file your case.
      • You will file your paperwork with the district court in the Colorado county where the Ward is physically present or in the Colorado county where the Ward plans to permanently live.

        To find the correct district court, search Courts by County.  If it is in Denver, you will need to file your paperwork in the Denver Probate Court.

    • 4. Fill out the paperwork to start your case.
      • You will be known as the Petitioner and the adult who you are the guardian for is known as the Ward.

        Download and complete these forms:
        JDF 783 Petition Requesting Colorado to Accept Guardianship/Conservatorship from Sending State
        JDF 784 Provisional Order to Accept Guardianship/Conservatorship in Colorado from Sending State

        For detailed instructions, see JDF 782 Instructions to File Petition to Accept Adult Guardianship and/or Conservatorship in Colorado from Sending State.

        Check the "Guardianship" box at the top of JDF 783 Petition Requesting Colorado to Accept Guardianship/Conservatorship from Sending State.

        Fill out only the top caption part of JDF 784 Provisional Order to Accept Guardianship/Conservatorship in Colorado from Sending State. The court will fill out the rest.

        REMEMBER:  Attach the Order from the other state, which says that they are aware you are transferring the case to Colorado, to JDF 783 Petition Requesting Colorado to Accept Guardianship/Conservatorship from Sending State.

         

    • 5. Give notice to the Respondent and other interested persons.
      • You must give notice of JDF 783 Petition Requesting Colorado to Accept Guardianship/Conservatorship from Sending State to those who are entitled to notice under the sending state’s law and under Colorado law. Therefore, you should give notice to the same people who received notice in the case where you were named as the guardian. Also, for a list of interested persons who must get notice in Colorado, see JDF 782 Instructions to File Petition to Accept Adult Guardianship and/or Conservatorship in Colorado from Sending State.

        Follow these steps to give notice:
        1. Fill out JDF 712 Notice of Non-Appearance Hearing. You will need to pick a date for the non-appearance hearing and put that date on the form. The date you pick must be at least 14 days from the date that you mail or hand-deliver a copy of the Petition (JDF 783) and the Notice (JDF 712) to all interested persons.

        NOTE: A "non-appearance hearing" is not an actual hearing date, and no one needs to show up to court. This is a date the court puts on their calendar as a reminder to take further action.

        2. Mail or hand-deliver a copy of JDF 712 Notice of Non-Appearance Hearing and JDF 783 Petition Requesting Colorado to Accept Guardianship/Conservatorship from Sending State to the Ward and to all other interested persons.

        3. Fill out the Certificate of Service part of JDF 712 Notice of Non-Appearance Hearing before filing it with the court.
         

    • 6. File your paperwork with the court.
      • Give JDF 783 Petition Requesting Colorado to Accept Guardianship/Conservatorship from Sending State, JDF 712 Notice of Non-Appearance Hearing, and JDF 784 Provisional Order to Accept Guardianship/Conservatorship in Colordo from Sending State to the clerk at the court to file your case.

        Remember to also file a certified copy of the Order from the other state saying that they are aware that you are transferring the case to Colorado.

        The court will ask you to pay a filing fee. If you do not think you can afford it, you can request a waiver of the filing fee by completing form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit, and the caption box of JDF 206 Finding and Order Concerning Payment of Fees.

    • 7. Determine what you need to do to finish transferring the case to Colorado.
      • After the non-appearance hearing date passes, if the court agrees with what what you are asking, and no one else has come forward to disagree with you, the court will sign JDF 784 Provisional Order to Accept Guardianship/Conservatorship in Colorado from Sending State.

        You will need to send a certified copy of the signed JDF 784 Provisional Order to Accept Guardianship/Conservatorship in Colorado from Sending State to the court in the other state, and get a certified copy of a final Order from the court in the other state transferring the case to Colorado.

        After you get a certified copy of a final Order from the other state transferring the case to Colorado, file that Order with the court in Colorado along with:
        1.   JDF 785 Final Order Accepting Guardianship/Conservatorship in Colorado from Sending State. You only need to fill out the top "caption" part of this form. The court will fill out the rest.
        2.  JDF 805 Acceptance of Office. 
        3.  JDF 849 Letters of Guardianship - Adult.  Fill out only the top "caption" part of this form.  The court will fill out the rest.  This is the document that proves you are the guardian in Colorado.
        4.  A copy of your criminal history report from the Colorado Bureau of Investigation (CBI).
        5.  A copy of your current credit report
        6.  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.

        To get a copy of your criminal history report, you can go to CBI's 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.

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

        You can use any credit reporting agency to get your current credit report. Here are few choices:
        1. Equifax, Inc., P.O. Box 740241, Atlanta, GA 30374, 1-800-685-1111, or at www.equifax.com
        2. Experian, P.O. Box 2002, Allen, TX 75013, 1-888-397-3742, or at www.experian.com
        3. TransUnion, P.O. Box 2000, Chester, PA 19022, 1-800-916-8800, or at www.transunion.com

        Make sure to black-out your social security number on the credit report. There may be a fee for getting your credit report.

        When you make a photo-copy of your driver's license, make sure the copy is clear enough for the court to read.

        The court will sign JDF 785 Final Order Accepting Guardianship/Conservatorship in Colorado from Sending State to finalize the transfer to Colorado.

         

  • How do I register my out-of-state guardianship paperwork in Colorado?
    • 1. Determine whether you meet the requirements to register your out-of-state guardianship paperwork in Colorado.
      • If you are a guardian in another state and you need to do some specific things in Colorado related to the guardianship, you can register your out-of-state paperwork in Colorado.

    • 2. Determine what information you need before you start your case.
      • Before you register your out-of-state paperwork in Colorado, you will need to give the out-of-state court notice that you will be registering your paperwork in Colorado. Contact the court in the other state and ask them how they would like for you to give them that notice.

        Before you start your case in Colorado, you will need:
        1. A certified copy of the out-of-state court's Order naming you as the guardian.
        2. A certified copy of the Letters or other documents from the out-of-state court showing what your authority is as the guardian.
        3. A certified copy of any bond filed with the out-of-state court (if applicable).

    • 3. Determine where to file your case.
    • 4. Fill out the paperwork to start your case.
      • You will be known as the Guardian and the adult who you are the guardian for will be known as the Ward.

        Download and complete these forms:
        JDF 893 Registration and Recognition of Guardianship Orders from Other States and Sworn Statement - Guardian for Adult
        JDF 894 Certificate of Registration and Recognition of Guardianship Orders from Other States - Guardianship for Adult

        JDF 893 Registration and Recognition of Guardianship Orders from Other States and Sworn Statement - Guardian for Adult 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.

        Make sure to attach certified copies of the out-of-state Order from the other state naming you as the guardian, the Letters or other documents from the out-of-state court describing your authority as the guardian, and any bonds filed with the out-of-state court.

        Fill out only the top caption part of JDF 894 Certificate of Registration and Recognition of Guardianship Orders from Other States - Guardianship for Adult. The court will fill out the rest.

        Take your completed forms and other documents to courthouse and give them to the court clerk to file your case.

        The court will ask you to pay a filing fee. If you do not think you can afford it, you can request a waiver of the filing fee by completing form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit, and the caption box of JDF 206 Finding and Order Concerning Payment of Fees.

        After your paperwork is approved, the court will sign JDF 894 Certificate of Registration and Recognition of Guardianship Orders from Other States - Guardianship for Adult.

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