This page will help you learn about Guardianship Probate rules & laws in Colorado, case filing form & fee requirements and common legal terms.

Instructions

JDF 823 - Instructions for Appointment of Guardian - Minor

Forms

JDF 705 - Case Information Sheet

JDF 714 - Affidavit Regarding Due Diligence and Proof of Publication

JDF 716 - Notice of Hearing by Publication

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 824 - Petition for Appointment of Guardian for Minor

JDF 825 - Consent of Parent

JDF 826 - Consent or Nomination of Minor

JDF 827 - Order Appointing Guardian for Minor

JDF 828 - Order Appointing Temporary Guardian for Minor

JDF 829 - Order Appointing Emergency Guardian for Minor

JDF 830 - Letters of Guardianship - Minor

JDF 834 - Guardian's Report - Minor

Any person concerned about the minor's welfare 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.

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 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.

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.

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 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.

You should file your case with the district court in the county where the minor (Respondent) lives, or where the minor can be found.

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

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.

Download and complete these forms:
JDF 824 Petition for Appointment of Guardian - Minor
JDF 805 Acceptance of Office
JDF 830 Letters of Guardianship - Minor
JDF 827 Order Appointing Guardian - Minor
JDF 825 Consent of Parent
JDF 826 Consent or Nomination of Minor (Use only if the minor is at least 12 years old)
JDF 829 Order Appointing Emergency Guardian - Minor (Use 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).
JDF 828 Order Appointing Temporary Guardian - Minor (Use only if you need a temporary guardian.  You will need to explain this on the JDF 824 Petition for Appointment of Guardian - Minor 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 823 Instructions for Appointment of a Guardian - Minor.

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.

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 visit the File Without Payment page.

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

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.

To give notice to the minor (this applies only if the minor is at least 12 years old):
1. Fill out JDF 807 Notice of Hearing to Respondent.
2. You must arrange to have JDF 807 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.
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 the parents and 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 824 Petition for Appointment of Guardian - Minor to the parents and 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.

After the court names you as the guardian for the minor, the minor 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 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.

You will be required to file JDF 834 Guardian's Report - Minor with the court once a year on the minor's birthday or as otherwise ordered by 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.

A parent may name a guardian for his/her minor children in a will or other signed document.

The person named as the guardian in the will or other document can become the guardian for the minor if the parent dies, if a court decides that the parent is incapacitated, or if a doctor says in writing that the parent can no longer take care of the minor.

Before you start your case, you 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
4.  A copy of the will or other document naming you as the guardian for the minor.

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 wil 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 drivers license, make sure the copy is clear enough for the court to read.

You should file your case with the district court in the county where you could file a probate case for the will naming you as the guardian.

If you were named as the guardian in a document other than a will, you should file the case in the district court in the county where the minor (Respondent) lives, or where the minor can be found.

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

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

Download and complete these forms:
JDF 821 Affidavit of Acceptance of Appointment by Written Instrument as Guardian
JDF 830 Letters of Guardianship - Minor
JDF 826 Consent or Nomination of Minor (Use only if the minor is at least 12 years old)

For detailed instructions on completing the forms, see JDF 820 Instructions for Appointment of Guardian for Minor by Will or Other Signed Writing.

Fill out JDF 821 Affidavit of Acceptance of Appointment by Written Instrument as Guardian and attach a copy of the will or other document naming you as the guardian.  You must sign JDF 821 Affidavit of Acceptance of Appointment by Written Instrument as Guardian in front of a Notary Public or court clerk.  You can find a Notary Public in the Yellow Pages, on the internet, or by going to your local bank.

You must mail or hand-deliver a copy of JDF 821 Affidavit of Acceptance of Appointment by Written Instrument as Guardian to the minor (if at least 12 years old), to any living parent or guardian of the minor, and to any person that has custody of the minor.  After mailing or hand-delivering copies of the form, complete the Certificate of Service part of JDF 821 Affidavit of Acceptance of Appointment by Written Instrument as Guardian and file it with the court.

NOTE:  You must file JDF 821 Affidavit of Acceptance of Appointment by Written Instrument as Guardian with the court within 30 days of the date that the parent of the minor dies, the date that a court decides the parent of the minor is incapacitated, or the date that a doctor says in writing that the parent of the minor can no longer take care of the minor.

If the minor is at least 12 years old, you must have the minor fill out JDF 826 Consent or Nomination of Minor.  Thie minor must sign this form in front of a Notary Public or court clerk.

Fill out only the top "caption" part of JDF 830 Letters of Guardianship - Minor.  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 visit the File Without Payment page.

Within 30 days after you file the paperwork from Step 4 above, you need to complete JDF 822 Petition for Confirmation of Appointment of Guardian and file it with the court.

You will need to mail or hand-deliver a copy of JDF 822 Petition for Confirmation of Appointment of Guardian to the minor (if at least 12 years old), to any living parent or guardian of the minor, and to any person that has custody of the minor. After mailing or hand-delivering copies of the form, complete the Certificate of Service part of JDF 822 Petition for Confirmation of Appointment of Guardian and file it with the court.