Colorado Guardianship of a Minor Petition

Introduction

Key Things to Know

1. 1

   A Colorado guardianship of a minor is filed as a Petition for Appointment of Guardian for Minor, Judicial Branch Form JDF 824, in the district court, except in the City and County of Denver, where the Denver Probate Court has jurisdiction instead. The court's form controls over any draft.

2. 2

   This guardianship does not terminate a parent's parental rights and is not adoption. A guardian's powers and duties are modeled on a parent's own duties, and a parent or other interested person may later petition the court to end the guardianship based on the minor's best interest.

3. 3

   Colorado has two separate fast tracks for urgent cases. A temporary guardian may serve up to six months on a showing of immediate need, while a faster emergency guardian may serve up to 60 days on a showing of the likelihood of substantial harm to the minor's health or safety, and can be appointed without prior notice in a true emergency.

4. 4

   Notice of the hearing must go out at least 14 days beforehand to the minor if 12 or older, any person who had primary care and custody of the minor during the 60 days before filing, each living parent (or, if none, the nearest adult relative), any person nominated as guardian by a minor 12 or older, and certain prior guardians or conservators. A minor 12 or older signs a consent or refusal, but the court will consider the minor's wishes without treating a refusal as a guarantee against appointment.

5. 5

   The court may appoint a guardian only if it finds appointment serves the minor's best interest and one of the following is also true: the parents consent, a court already ended the parents' rights to the child in a separate case, the parents are unwilling or unable to exercise their parental rights, or a prior third-party guardian died or became incapacitated without naming a successor.

6. 6

   Before Letters of Guardianship issue, the proposed guardian must file a Colorado Bureau of Investigation name-based criminal history check, a current credit report, and government-issued identification, plus an Acknowledgment of Responsibilities. A guardian ad litem is discretionary, appointed only if the court finds the minor's representation would otherwise be inadequate. If a separate conservatorship of the minor's estate is needed, the court must require the conservator to furnish a bond unless it makes specific findings that a bond is not required.

7. 7

   A parent or guardian can sign a power of attorney delegating care, custody, or property decisions to another person for up to 12 months, without going to court, except the power to consent to marriage or adoption. A parent can also appoint a standby guardian by will or another signed writing, effective on the parent's death, adjudicated incapacity, or a physician's written determination of inability to care for the child.

Colorado Requirements for Guardianship of a Minor Petition

• Guardianship of the Person Is Separate From Conservatorship

  Colorado guardianship of a minor covers only custody, care, and welfare decisions over the minor's person; a fully separate conservatorship proceeding is required if the minor has income or property to manage (C.R.S. § 15-14-401(1)(a)).

• Mandatory Petition on Form JDF 824

  A Colorado guardianship of a minor petition is filed on Judicial Branch Form JDF 824, a mandatory statewide form, with companion forms including JDF 823 instructions and JDF 805 Acceptance of Office.

• Two Fast Tracks: Six-Month Temporary and 60-Day Emergency Guardian

  A temporary guardian may serve up to six months on a showing of immediate need; a separate, faster emergency guardian may serve up to 60 days on a showing of likely substantial harm to the minor's health or safety (C.R.S. § 15-14-204(4)-(5)).

• 14-Day Notice to Enumerated Recipients

  Notice of the hearing must be given at least 14 days beforehand to the minor if 12 or older, each living parent, any person with primary care and custody of the minor during the 60 days before filing, and other listed persons (C.R.S. §§ 15-14-205(1), 15-14-113(1)).

• CBI Criminal History Check and Credit Report Required

  Every proposed guardian must file a Colorado Bureau of Investigation name-based criminal history record check and a current credit report with the Acceptance of Office before Letters of Guardianship issue (JDF 805, JDF 823).

• Guardian Ad Litem Is Discretionary, Not Automatic

  A guardian ad litem for the minor is appointed only if the court determines that representation of the minor's interest would otherwise be inadequate, not automatically in every case (C.R.S. § 15-14-115).

• Acknowledgment of Responsibilities Required Before Letters Issue

  Letters of Guardianship will not be issued until the guardian files the Acknowledgment of Responsibilities, JDF 800.

• Conservator Must Post Bond Unless the Court Finds Otherwise

  In a separate conservatorship of the minor's estate, the court must require the conservator to furnish a bond unless it makes specific findings that a bond is not required, and the court may instead accept collateral or restrict the conservator's access to assets (C.R.S. §§ 15-14-415, 15-14-416(3)).

• Guardianship Does Not Terminate Parental Rights

  A Colorado guardianship of a minor's person does not terminate a parent's parental rights and is not adoption; a parent or other interested person may later petition the court to end the guardianship based on the minor's best interest (C.R.S. § 15-14-210).