Adult Guardianship in Colorado
Reviewed by DocDraft Legal Team - Colorado - Last updated October 9, 2026
In Colorado a guardian is appointed by the court for an "incapacitated person" (the ward), and the guardianship may be limited or unlimited; a conservator, also limited or unlimited, handles the estate of a "protected person" (C.R.S. Title 15, Article 14). The petition is JDF 841, Petition for Appointment of Guardian for Adult, filed under the JDF 840 instructions, which say venue is generally the county where the respondent resides. The court may appoint a guardian only if it finds by clear and convincing evidence that the respondent is an incapacitated person and that the respondent's identified needs cannot be met by less restrictive means (C.R.S. 15-14-311(1)(a)). The court appoints a visitor in every guardianship case, and the petition and notice of hearing must be served personally on the respondent.
Find out where you stand in Colorado
What is happening with the adult you are concerned about?
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How does a court decide an adult needs a guardian in Colorado?
The court may appoint a limited or unlimited guardian only if it finds by clear and convincing evidence that the respondent is an incapacitated person and that the respondent's identified needs cannot be met by less restrictive means (C.R.S. 15-14-311(1)(a)). Incapacity means being unable to effectively receive or evaluate information, or make or communicate decisions, to the extent described in C.R.S. 15-14-102(5).
Which court and which form start an adult guardianship in Colorado?
The petition is JDF 841, Petition for Appointment of Guardian for Adult, and the JDF 840 instructions say venue is generally the county where the respondent resides; in Denver the matter goes to the Denver Probate Court. JDF 840 also tells filers to check with the court where they plan to file for any special requirements, so the court's requirements control.
Does Colorado require a doctor's report for an adult guardianship?
The statute requires a court visitor, who interviews the respondent and reports in writing. A professional evaluation is different: the court may order one, and shall order one if the respondent demands it (C.R.S. 15-14-306). The JDF 840 instructions separately tell petitioners to attach a physician's letter or professional evaluation to the JDF 841 petition.
What rights does the person have in a Colorado guardianship case?
The petition and notice of hearing must be served personally on the respondent, and failure to substantially comply is jurisdictional. The court appoints a lawyer if the respondent requests one, the visitor recommends one, or the court determines the respondent needs representation. The respondent must attend the hearing unless excused for good cause and may present evidence.
Colorado's mandatory court visitor, jurisdictional personal service, and demand-triggered evaluation
Colorado uses its own vocabulary. The adult is the "respondent" until appointment and then the "ward" of a guardian, who may be limited or unlimited, and a conservator (limited or unlimited) handles the estate of a "protected person"; Colorado uses the word guardian for adults and minors alike, and it uses conservator for property. The governing law is the Colorado Uniform Guardianship and Protective Proceedings Act, C.R.S. Title 15, Article 14. The petition is JDF 841, with the JDF 840 instructions, which list a $229.00 filing fee and say venue is generally the county where the respondent resides (the Denver Probate Court in Denver); the court's own requirements control. Incapacity means being unable to effectively receive or evaluate information, or make or communicate decisions, to such an extent that the individual lacks the ability to satisfy essential requirements for physical health, safety, or self-care, even with appropriate and reasonably available technological assistance (C.R.S. 15-14-102(5)). A guardian may be appointed only on clear and convincing evidence that the respondent is incapacitated and that the respondent's identified needs cannot be met by less restrictive means. The step that is mandatory by statute is the court visitor, appointed when the petition is received, who interviews the respondent and reports in writing. A professional evaluation by a physician, psychologist or other qualified individual is ordered at the court's discretion and must be ordered if the respondent demands it, although the JDF 840 instructions separately ask petitioners to attach a physician's letter or evaluation. The petition and notice of hearing must be served personally on the respondent, and a failure to substantially comply is jurisdictional. The court appoints a lawyer if the respondent requests it, the visitor recommends it, or the court determines the respondent needs representation; costs, including attorney fees, are paid from the respondent's estate unless the court directs otherwise. Supported decision-making agreements under Part 8 can coexist with a guardianship.
Relevant Laws
C.R.S. 15-14-102 (Definitions: incapacitated person)
Defines an incapacitated person as an individual other than a minor who is unable to effectively receive or evaluate information, or both, or make or communicate decisions to such an extent that the individual lacks the ability to satisfy essential requirements for physical health, safety, or self-care, even with appropriate and reasonably available technological assistance.
C.R.S. 15-14-304 and 15-14-311 (Petition and appointment findings)
Section 15-14-304 lets an individual or a person interested in the individual's welfare petition for a determination of incapacity and the appointment of a limited or unlimited guardian. Section 15-14-311 allows appointment only on clear and convincing evidence that the respondent is an incapacitated person and that the respondent's identified needs cannot be met by less restrictive means.
C.R.S. 15-14-305, 15-14-306 and 15-14-309 (Visitor, evaluation, service and hearing)
Covers the court visitor, the lawyer appointed if the respondent requests one, the visitor recommends one, or the court determines the respondent needs representation, the professional evaluation the court may order and shall order if the respondent demands it, and the personal service on the respondent that is jurisdictional.
Colorado Judicial Department JDF 840 Instructions: Guardian for an Adult
Official instructions listing the adult guardianship forms, including JDF 841 (petition), JDF 848 (order), JDF 849 (letters) and JDF 850 (guardian's report), the filing fee, and the advice to check with the court for special requirements.
Regional Variances
Colorado adult guardianship requirements
Court
Generally the court in the county where the respondent resides, per the JDF 840 instructions; the Denver Probate Court in Denver. Check with the court where you plan to file for special requirements.
Terms used
Guardian (limited or unlimited) of an "incapacitated person" (the respondent, then the ward); conservator (limited or unlimited) for the estate of a "protected person". Colorado uses guardian for adults and minors, and conservator for property (C.R.S. Title 15, Article 14).
Petition form
JDF 841, Petition for Appointment of Guardian for Adult, with the JDF 840 instructions and a $229.00 filing fee as stated in JDF 840. The court's requirements control.
Incapacity standard and proof
An individual other than a minor who is unable to effectively receive or evaluate information, or both, or make or communicate decisions to such an extent that the individual lacks the ability to satisfy essential requirements for physical health, safety, or self-care, even with appropriate and reasonably available technological assistance (C.R.S. 15-14-102(5)). A guardian may be appointed only on clear and convincing evidence that the respondent is incapacitated and that the respondent's identified needs cannot be met by less restrictive means (C.R.S. 15-14-311(1)(a)).
Medical or evaluator report
A court visitor is appointed on receipt of the petition and promptly files a written report (C.R.S. 15-14-305, 15-14-306). A professional evaluation is ordered at the court's discretion and shall be ordered if the respondent demands it. The JDF 840 instructions separately tell petitioners to attach a physician's letter or professional evaluation to JDF 841.
Notice and service
The petition and notice of hearing must be served personally on the respondent; failure to substantially comply is jurisdictional (C.R.S. 15-14-309(1)). The JDF 840 instructions say to serve the respondent personally at least 14 days before the hearing and mail the notice to interested persons at least 14 days before.
Right to counsel
The court appoints a lawyer if the respondent requests it, the visitor recommends it, or the court determines the respondent needs representation (C.R.S. 15-14-305(2)). A lawyer is appointed immediately when an emergency guardian is appointed (C.R.S. 15-14-312(1)). After adjudication an adult ward has a right to a lawyer of their choosing (C.R.S. 15-14-319).
Less restrictive alternatives
Appointment requires a finding by clear and convincing evidence that the respondent's identified needs cannot be met by less restrictive means, including appropriate and reasonably available technological assistance. Limited guardianship is available, and supported decision-making agreements (Part 8) can coexist with a guardianship (C.R.S. 15-14-311, 15-14-801, 15-14-803).
Emergency guardian
Available if compliance with the regular procedures will likely result in substantial harm to the respondent's health, safety, or welfare, and no other person appears to have authority and willingness to act. Authority may not exceed sixty days; a lawyer is appointed immediately; if ex parte, notice to the respondent within 48 hours (C.R.S. 15-14-312).
Bond and reports
Conservator: the court shall require a bond unless it makes specific findings why a bond is not required (C.R.S. 15-14-415); inventory no later than 90 days after appointment (C.R.S. 15-14-419(1)); annual reports unless the court directs otherwise (C.R.S. 15-14-420(1)). Guardian: written report within sixty days after appointment or as the court directs, then at least annually and whenever ordered (C.R.S. 15-14-317(1)).
Suggested Compliance Checklist
Weigh less restrictive alternatives
Before filing days after startingAsk whether a durable power of attorney, healthcare power of attorney, supported decision-making agreement or limited guardianship would meet the need. A guardian may be appointed only if the respondent's identified needs cannot be met by less restrictive means, and a petitioner asking for unlimited guardianship must state why limited guardianship is inappropriate.
Gather the physician's letter or evaluation
Before filing the petition days after startingThe JDF 840 instructions tell petitioners to attach a physician's letter or professional evaluation to JDF 841. By statute the court may order a professional evaluation and shall order one if the respondent demands it, and a court visitor is appointed in every guardianship case.
File JDF 841 with the court
At filing days after startingFile JDF 841, Petition for Appointment of Guardian for Adult, with the court in the county where venue lies, generally where the respondent resides (the Denver Probate Court in Denver), following the JDF 840 instructions. The instructions list a $229.00 filing fee. Check with the court for special requirements.
Serve the respondent personally
At least 14 days before the hearing per JDF 840 days after startingServe the petition and notice of hearing personally on the respondent; failure to substantially comply is jurisdictional. The JDF 840 instructions say to serve the respondent at least 14 days before the hearing and mail interested persons the notice at least 14 days before. The court appoints a lawyer if the respondent requests one, the visitor recommends one, or the court determines the respondent needs representation.
Calendar the guardian's reports
Within sixty days after appointment, then at least annually days after startingA guardian reports in writing within sixty days after appointment or as the court directs, then at least annually and whenever ordered, using JDF 850. A conservator must furnish a bond unless the court makes specific findings why a bond is not required, files an inventory no later than 90 days after appointment, and reports annually unless the court directs otherwise.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Weigh less restrictive alternatives | Ask whether a durable power of attorney, healthcare power of attorney, supported decision-making agreement or limited guardianship would meet the need. A guardian may be appointed only if the respondent's identified needs cannot be met by less restrictive means, and a petitioner asking for unlimited guardianship must state why limited guardianship is inappropriate. | durable-power-of-attorney | Before filing |
| Gather the physician's letter or evaluation | The JDF 840 instructions tell petitioners to attach a physician's letter or professional evaluation to JDF 841. By statute the court may order a professional evaluation and shall order one if the respondent demands it, and a court visitor is appointed in every guardianship case. | - | Before filing the petition |
| File JDF 841 with the court | File JDF 841, Petition for Appointment of Guardian for Adult, with the court in the county where venue lies, generally where the respondent resides (the Denver Probate Court in Denver), following the JDF 840 instructions. The instructions list a $229.00 filing fee. Check with the court for special requirements. | - | At filing |
| Serve the respondent personally | Serve the petition and notice of hearing personally on the respondent; failure to substantially comply is jurisdictional. The JDF 840 instructions say to serve the respondent at least 14 days before the hearing and mail interested persons the notice at least 14 days before. The court appoints a lawyer if the respondent requests one, the visitor recommends one, or the court determines the respondent needs representation. | - | At least 14 days before the hearing per JDF 840 |
| Calendar the guardian's reports | A guardian reports in writing within sixty days after appointment or as the court directs, then at least annually and whenever ordered, using JDF 850. A conservator must furnish a bond unless the court makes specific findings why a bond is not required, files an inventory no later than 90 days after appointment, and reports annually unless the court directs otherwise. | - | Within sixty days after appointment, then at least annually |
Frequently Asked Questions
Other Colorado guides
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Asset Protection Planning in Colorado (2026)
Colorado Notice to Vacate: 2026 Landlord Rules & 10-Day Statute
Dealing With Debt Collectors in Colorado (2026)
Expunging a Criminal Record in Colorado (2026)
Filing a Workplace Harassment Complaint in Colorado
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