Adult Guardianship and Conservatorship Petition Requirements in Colorado
At a glance
| Proceeding and state terminology | Colorado Uniform Guardianship and Protective Proceedings Act, C.R.S. §§ 15-14-101 to -412: guardianship covers personal needs; conservatorship or another protective order covers property and affairs. The same court may consolidate both tracks (§ 15-14-109(2)). |
|---|---|
| Who may file and where | Guardian: the adult or a person interested in the adult's welfare (§ 15-14-304(1)). Conservator/protective order: the adult, a person interested in the adult's estate, affairs, or welfare, or someone adversely affected by ineffective management (§ 15-14-403(1)). File where the adult resides; nonresident property proceedings may be filed where Colorado property lies (§ 15-14-108(2)-(3)). |
| What the petition must contain | Both petitions identify the filer, respondent, spouse/partner or co-resident, adult children/parents or nearest kin, caregivers and treating physician, legal representatives, proposed appointee, property/income, and requested scope. A full guardianship or conservatorship request must explain why limited authority is inappropriate (§§ 15-14-304(2), 15-14-403(2)-(3)). |
| Proof required for appointment | Guardian: clear and convincing proof that the adult meets the functional incapacity definition and identified needs cannot be met by less restrictive means (§§ 15-14-102(5), 15-14-311(1)). Conservator: clear and convincing proof of impaired property-management ability, plus preponderance proof of threatened property or support need (§ 15-14-401(1)(b)). |
| Alternatives the court must address | Guardianship is barred if identified needs can be met by less restrictive means, including reasonably available technology; the visitor must assess supportive services and alternatives (§§ 15-14-305(5), 15-14-311(1)). For property, the visitor reports on less restrictive intervention and the court may authorize a transaction or arrangement without appointing a conservator (§§ 15-14-406(5), 15-14-412). |
| Notice, service, and hearing timing | The court sets the hearing. Serve the adult personally with petition and rights notice; give the petition and hearing notice to listed people (§§ 15-14-309, 15-14-404). Unless a specific rule applies or the court finds good cause, notice is due at least 14 days before the hearing (§ 15-14-113). |
| Counsel and hearing rights | Appointed counsel is required if the adult requests it, the visitor recommends it, or the court finds representation needed (§§ 15-14-305(2), 15-14-406(2)). The adult attends unless excused for good cause and may present evidence, subpoena and examine witnesses, participate with accommodations, and object to closure (§§ 15-14-308, 15-14-408). No appointment-section jury rule is stated; civil and probate procedure otherwise governs (§ 15-14-109). |
| Medical evidence or court evaluator | A court-appointed visitor is mandatory in guardianship and ordinarily mandatory when conservatorship is requested; the visitor interviews the adult and relevant people, investigates function and alternatives, and reports promptly (§§ 15-14-305, 15-14-406). A clinical evaluation is discretionary unless the adult demands one, then court-ordered examination and a written functional report are required (§§ 15-14-306, 15-14-406.5). |
| Limits on the order | Grant only powers required by demonstrated needs and favor the least restrictive order and maximum independence (§§ 15-14-311(2), 15-14-409(2)). 2026 Colo. Sess. Laws ch. 227, §§ 1, 4 (HB 26-1100), effective August 12, adds a ward bill of rights and requires stated findings to restrict voting, reproductive, or marital-status rights without changing appointment standards. Emergency guardianship is a separate, power-limited order lasting no more than 60 days (§ 15-14-312); interim property-preservation orders are separate (§ 15-14-406(6)). |
Requirements one by one
Proceeding and state terminology
Colorado separates the ordinary adult case into two related tracks. Part 3 uses guardian for personal health, safety, and self-care authority. Part 4 uses conservator or another protective order for property and business affairs. Section 15-14-109 permits the court to consolidate both proceedings when they concern the same adult, but the petitions and proof standards remain distinct.
Who may file and where
Under § 15-14-304, the adult or a person interested in the adult's welfare may seek a limited or unlimited guardianship. The property-side rule in § 15-14-403 is broader: the adult, someone interested in the adult's estate, affairs, or welfare, or someone adversely affected by ineffective management may seek a conservator or other protective order.
Under § 15-14-108, either proceeding generally belongs in the county where the adult resides. If the adult does not live in Colorado, a protective proceeding may be filed in a Colorado county where the adult owns property.
What the petition must contain
Sections 15-14-304 and 15-14-403 require more than a diagnosis or a request for help. Each petition maps the adult's family and support structure, naming close relatives, caregivers, the treating physician, existing legal representatives, the proposed appointee, property and income, and the exact relief sought. A request for unlimited authority must explain why limited authority is not enough.
Proof required for appointment
For guardianship, § 15-14-102 defines incapacity functionally: the adult must be unable to receive or evaluate information or make or communicate decisions to the point that essential health, safety, or self-care needs cannot be met, even with reasonably available technology. Under § 15-14-311, the court requires clear and convincing proof of that standard and that less restrictive means cannot meet the identified needs.
The property test has two burdens. Under § 15-14-401, impaired ability to manage property and business affairs must be proved clearly and convincingly. The risk that property will be wasted or dissipated, or the need for money for support and welfare, must be proved by a preponderance of the evidence.
Alternatives the court must address
The guardianship visitor's report under § 15-14-305 must separate functions the adult can perform alone, with supportive services or benefits, and not at all, and must identify available less restrictive intervention. Under § 15-14-311, appointment is barred if less restrictive means, including reasonably available technology, can meet the adult's identified needs.
The conservatorship visitor performs a parallel alternatives review under § 15-14-406. Under § 15-14-412, the court may also authorize a specific property transaction, trust, service, or care arrangement without appointing a general conservator.
Notice, service, and hearing timing
Under § 15-14-309 and § 15-14-404, the adult must be personally served with the petition and a notice explaining attendance, hearing rights, and the nature and consequences of appointment. The people listed in the petition also receive the petition and hearing notice. Under the general rule in § 15-14-113, notice is given at least 14 days before the hearing unless a specific provision controls or the court orders otherwise for good cause.
Counsel and hearing rights
Counsel is trigger-based rather than automatic in the ordinary proceeding. Sections 15-14-305 and 15-14-406 require appointment when the adult requests a lawyer, the visitor recommends one, or the court finds representation is needed.
At either hearing, § 15-14-308 and § 15-14-408 ordinarily require the adult's attendance and permit evidence, subpoenas, examination of witnesses and the visitor, accommodations, and participation. A hearing cannot be closed over the adult's objection. These appointment sections do not state a jury right; § 15-14-109 otherwise makes the civil and probate procedure rules govern.
Medical evidence or court evaluator
Colorado always appoints a visitor for guardianship. Under § 15-14-305, the visitor interviews the adult, petitioner, proposed guardian, and relevant medical sources; visits the present and proposed home; evaluates functions, supports, alternatives, counsel, and scope; and promptly reports to the court. Section 15-14-406 creates a parallel visitor process for conservatorship, except when no conservator is requested and the represented adult faces only another protective order.
A physician or psychologist report is not automatically attached to every petition. Under § 15-14-306 and § 15-14-406.5, the court may order a professional evaluation and require one if the adult demands it. The court selects a qualified examiner, whose report addresses cognitive and functional limits, condition, prognosis, and the examination date.
Limits on the order
Section 15-14-311 requires the court, whenever feasible, to give a guardian only the powers required by the adult's demonstrated needs and to encourage maximum self-reliance and independence. Section 15-14-409 requires the least restrictive property order consistent with the findings and clarifies that a conservatorship order itself is not a determination of personal incapacity.
Colorado's current law includes the additional rights rule in 2026 Colo. Sess. Laws ch. 227, § 1 (HB 26-1100), which took effect August 12, 2026 under § 4. New § 15-14-103 preserves rights not granted to the guardian and requires the appointment order to state restrictions and supporting findings before limiting voting, reproductive, or marital-status rights. The act expressly says it does not change appointment standards or procedures.
Emergency guardianship remains a separate route under § 15-14-312. It requires likely substantial harm from waiting, lasts no more than 60 days, transfers only specified powers, and does not itself determine incapacity. On the property side, § 15-14-406(6) separately permits interim preservation and support orders while the general petition is pending.
What trips people up
The two appointments do not use one blended test. Personal guardianship has a clear-and-convincing incapacity-plus-alternatives test. Property protection uses clear and convincing evidence for impaired management but a preponderance for threatened assets or support needs.
A medical report is not the universal gatekeeper. The visitor is mandatory in an ordinary guardianship, while a clinical evaluation is court-ordered and becomes mandatory when the adult demands it.
The August 2026 rights act is current. Chapter 227 took effect August 12, 2026, and expressly leaves the existing appointment standards and procedures unchanged while adding retained-rights protections.
Common questions
Can the adult require a professional evaluation? The adult can demand a court-ordered professional evaluation under §§ 15-14-306 and 15-14-406.5. The court appoints the qualified examiner.
Does appointment of a conservator automatically mean the adult is personally incapacitated? No. Section 15-14-409(4) says appointment of a conservator or entry of another protective order is not a determination of incapacity.
Can the court solve a single financial problem without appointing a general conservator? Yes. Section 15-14-412 authorizes specified protective arrangements and transactions without appointing a conservator.
Statutes and sources
- C.R.S. §§ 15-14-102, 15-14-108 to -109, and 15-14-113 — definitions, venue, governing procedure, consolidation, and 14-day notice. https://olls.info/crs/crs2025-title-15.pdf (accessed 2026-07-18)
- C.R.S. §§ 15-14-304 to -312 — adult-guardianship petition, visitor, evaluation, hearing rights, notice, appointment findings, and emergency boundary. https://olls.info/crs/crs2025-title-15.pdf (accessed 2026-07-18)
- C.R.S. §§ 15-14-401 to -412 — conservatorship standard, petition, notice, visitor, evaluation, hearing, order limits, and transaction alternatives. https://olls.info/crs/crs2025-title-15.pdf (accessed 2026-07-18)
- 2026 Colo. Sess. Laws ch. 227, §§ 1, 4 (HB 26-1100) — current ward rights and the August 12, 2026 effective-date clause. https://leg.colorado.gov/laws/session-laws/HB26-1100/227/download (accessed 2026-08-20)
Source links
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