Colorado Adult Guardianship and Conservatorship Petition Packet

COLORADO ADULT GUARDIANSHIP AND CONSERVATORSHIP PETITION PACKET

PART 1 — PRE-PETITION CHECKLIST

☐ Confirm respondent is an adult (18+) and Colorado is the home state or significant-connection state under UAGPPJA (C.R.S. § 15-14.5-201)
☐ Obtain current physician/psychologist/qualified professional evaluation (recommended though not statutorily mandated for petition filing)
☐ Document attempts at less restrictive alternatives (supported decision-making, POAs, health-care directives, representative payee)
☐ Verify priority for appointment under C.R.S. § 15-14-310 (guardian) and § 15-14-413 (conservator)
☐ Identify all interested persons entitled to notice (spouse, adult children, parents, current caregivers, treating physician)
☐ Determine whether limited or unlimited guardianship/conservatorship is appropriate (presumption of limited)
☐ Obtain proposed guardian/conservator's criminal background check (court will require)
☐ Estimate value of assets, income sources, public benefits
☐ Calculate proposed bond amount (C.R.S. § 15-14-415)
☐ Prepare Acceptance of Office for proposed fiduciary
☐ Review HB 23-1294 Bill of Rights for adults subject to guardianship and ensure all enhanced procedural rights are honored

PART 2 — VERIFIED PETITION FOR APPOINTMENT OF GUARDIAN AND CONSERVATOR FOR ADULT

DISTRICT COURT, [____________________] COUNTY, COLORADO
(or Denver Probate Court)

Court Address: [________________________________]

In the Interest of: [FULL LEGAL NAME OF RESPONDENT], an Adult, Respondent.

Case Number: [____________]
Division: [____] Courtroom: [____]

VERIFIED PETITION FOR APPOINTMENT OF GUARDIAN AND CONSERVATOR FOR ADULT

Petitioner, [__________________________], by and through undersigned counsel (or pro se), hereby petitions this Court pursuant to C.R.S. §§ 15-14-304 and 15-14-405 for appointment of a guardian and conservator for the Respondent, and in support states:

I. PETITIONER

1.1 Name: [________________________________]
1.2 Residence: [________________________________]
1.3 Current mailing address (if different): [________________________________]
1.4 Telephone: [________________] Email: [________________]
1.5 Relationship to Respondent: [________________________________]
1.6 Interest in the appointment: [________________________________]

II. RESPONDENT (ALLEGED INCAPACITATED PERSON)

2.1 Full legal name: [________________________________]
2.2 Date of birth: [__/__/____] Age: [____]
2.3 Principal residence: [________________________________]
2.4 Current street address: [________________________________]
2.5 Proposed dwelling if appointment made: [________________________________]
2.6 Marital status: ☐ Single ☐ Married ☐ Civil union ☐ Divorced ☐ Widowed

III. INTERESTED PERSONS (C.R.S. § 15-14-304(2)(b))

IV. CAREGIVERS, LEGAL REPRESENTATIVES, AND TREATING PHYSICIAN

4.1 Treating physician: [________________________________]
4.2 Address: [________________________________]
4.3 Person(s) responsible for care or custody: [________________________________]
4.4 Existing legal representatives (agents under POA, health-care agents): [________________________________]
4.5 Any person nominated as guardian by Respondent (in any prior writing, including health-care directive): [________________________________]

V. PROPOSED GUARDIAN AND CONSERVATOR

5.1 Name of proposed guardian: [________________________________]
5.2 Name of proposed conservator (if different): [________________________________]
5.3 Address: [________________________________]
5.4 Relationship to Respondent: [________________________________]
5.5 Priority basis under C.R.S. § 15-14-310 / § 15-14-413: [________________________________]
5.6 Reasons why proposed fiduciary should be selected: [________________________________]
5.7 Proposed fiduciary's qualifications, including any professional licensure: [________________________________]
5.8 Disclosure of any prior removal as fiduciary, bankruptcy, criminal history: [________________________________]

VI. NATURE AND EXTENT OF ALLEGED INCAPACITY

6.1 Brief description of Respondent's alleged incapacity: [________________________________]
6.2 Diagnosis (if known): [________________________________]
6.3 Specific functional limitations:
☐ Inability to manage personal care, medical decisions, residence
☐ Inability to manage finances, contracts, public benefits
☐ Inability to evaluate risk or resist undue influence
☐ Other: [________________________________]

VII. SCOPE — LIMITED vs. UNLIMITED (C.R.S. § 15-14-304(2)(h))

7.1 Petitioner requests: ☐ Limited guardianship ☐ Unlimited guardianship ☐ Limited conservatorship ☐ Unlimited conservatorship
7.2 If unlimited guardianship requested, reasons why limited guardianship is INAPPROPRIATE: [________________________________]
7.3 If limited, specific powers requested to be granted to guardian: [________________________________]
7.4 If limited, specific powers requested to be granted to conservator: [________________________________]

VIII. LESS RESTRICTIVE ALTERNATIVES (HB 23-1294 / C.R.S. § 15-14-304)

8.1 Less restrictive alternatives considered:
☐ Supported decision-making agreement
☐ Durable financial power of attorney
☐ Medical durable power of attorney / health-care directive
☐ Representative payee for Social Security/VA
☐ Trust (special needs, asset management)
☐ Joint accounts with safeguards
☐ Case management services
☐ Adult protective services involvement
☐ Other: [________________________________]
8.2 Reasons less restrictive alternatives are INSUFFICIENT to meet Respondent's needs: [________________________________]

IX. STATEMENT OF PROPERTY (C.R.S. § 15-14-304(2)(i); § 15-14-405)

9.1 General statement of property and estimated value:

9.2 Anticipated income:

9.3 Insurance policies: [________________________________]

X. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

(a) Set a hearing date and appoint a court visitor pursuant to C.R.S. § 15-14-305;
(b) Order notice be given as required by C.R.S. § 15-14-309 and § 15-14-311;
(c) Appoint counsel for Respondent if requested or required;
(d) Following hearing, find Respondent to be an incapacitated person and/or a person in need of protection;
(e) Appoint [_________________] as ☐ limited ☐ unlimited Guardian of the Respondent;
(f) Appoint [_________________] as ☐ limited ☐ unlimited Conservator of the Estate of the Respondent;
(g) Set bond as required under C.R.S. § 15-14-415;
(h) Issue Letters of Guardianship and Letters of Conservatorship;
(i) Grant such other relief as the Court deems just and proper.

VERIFICATION

I, [________________________________], declare under penalty of perjury under the laws of the State of Colorado that I have read the foregoing Petition and that the matters stated therein are true and correct to the best of my knowledge, information, and belief.

Dated: [__/__/____]

[________________________________]
Petitioner Signature

[________________________________]
Printed Name

PART 3 — NOTICE TO RESPONDENT (ALLEGED INCAPACITATED PERSON)

NOTICE OF HEARING ON PETITION FOR APPOINTMENT OF GUARDIAN AND CONSERVATOR — C.R.S. § 15-14-309

TO: [RESPONDENT NAME], [ADDRESS]

YOU ARE HEREBY NOTIFIED that a Petition has been filed seeking the appointment of a Guardian and Conservator for you. A hearing on the Petition will be held on:

Date: [__/__/____]
Time: [____]
Location: [________________________________]
Courtroom/Division: [____]

YOUR RIGHTS UNDER COLORADO LAW (HB 23-1294 — Bill of Rights for Adults Subject to Guardianship):

☐ You have the right to be present at the hearing.
☐ You have the right to be represented by an attorney. If you cannot afford one, you may request that the Court appoint counsel.
☐ You have the right to present evidence, call witnesses, and cross-examine witnesses.
☐ You have the right to a jury trial on the question of incapacity (if timely demanded).
☐ You have the right to a closed hearing upon request.
☐ You have the right to an independent medical/psychological evaluation.
☐ You have the right to the least restrictive intervention necessary.
☐ You have the right to participate in decisions affecting your life to the maximum extent of your abilities.
☐ You have the right to communicate, visit, or interact with others of your choosing.
☐ You have the right to petition the Court at any time to modify or terminate the guardianship.

If the petition is granted, a guardian and/or conservator may make decisions about your personal care, medical treatment, residence, and/or finances.

IF YOU WISH TO CONTEST THIS PETITION, YOU MUST APPEAR AT THE HEARING OR FILE A WRITTEN OBJECTION WITH THE COURT.

Dated: [__/__/____]

[________________________________]
Petitioner / Counsel for Petitioner

PART 4 — NOTICE TO INTERESTED PERSONS (C.R.S. § 15-14-309)

TO: All interested persons identified in Part III of the Petition.

Notice is hereby given that a Verified Petition for Appointment of Guardian and Conservator for [RESPONDENT NAME] has been filed in the above-captioned matter. A hearing is set for [__/__/____] at [____] in [________________________________].

Any interested person may appear and be heard. Written objections must be filed not less than [____] days before the hearing.

Service certified by: [________________________________] Date: [__/__/____]

PART 5 — PHYSICIAN'S/QUALIFIED PROFESSIONAL'S CAPACITY EVALUATION

CAPACITY EVALUATION REPORT

Re: [RESPONDENT NAME]
Date of Evaluation: [__/__/____]
Evaluator: [________________________________]
License: [____________] Specialty: [____________]

1. Diagnosis (DSM-5/ICD-10 codes if applicable): [________________________________]
2. Nature, cause, degree, expected duration of incapacity: [________________________________]
3. Functional limitations:

4. Recommended least restrictive intervention: [________________________________]
5. Prognosis: [________________________________]
6. Recommendation regarding need for guardian/conservator: [________________________________]

Signature: [________________________________] Date: [__/__/____]

PART 6 — APPOINTMENT OF COURT VISITOR (C.R.S. § 15-14-305 and § 15-14-310)

ORDER APPOINTING COURT VISITOR

Upon receipt of the Petition, this Court hereby appoints [__________________________] as Court Visitor, with the following duties under C.R.S. § 15-14-310:

☐ Interview the Respondent in person; explain proceedings, rights, and substance of the petition
☐ Interview the petitioner and proposed guardian/conservator
☐ Visit the Respondent's current dwelling and proposed dwelling
☐ Obtain records and consult with the Respondent's treating physician
☐ Investigate alternatives to guardianship/conservatorship
☐ File a written report addressing: (a) appropriateness of appointment, (b) qualifications of proposed fiduciary, (c) need for limited vs. unlimited scope, (d) least restrictive alternatives, (e) Respondent's stated preferences

Report due: [__/__/____]

Date: [__/__/____]

[________________________________]
District Court Judge / Magistrate

PART 7 — LESS RESTRICTIVE ALTERNATIVE ANALYSIS (HB 23-1294)

Petitioner's certification: The above alternatives have been considered and found insufficient to meet Respondent's identified needs because: [________________________________]

Signed: [________________________________] Date: [__/__/____]

PART 8 — BOND (C.R.S. § 15-14-415)

BOND OF CONSERVATOR

Conservator name: [________________________________]
Bond amount: $[____________]
Surety: [________________________________]
Bond number: [____________]

The Court ☐ requires ☐ waives bond pursuant to C.R.S. § 15-14-415 based on:
☐ Estate value: $[____________]
☐ Presence of restricted accounts (specify): [____________]
☐ Statutory exemption (corporate fiduciary, sole heir, etc.): [____________]

PART 9 — NOTICE OF HEARING

NOTICE OF HEARING

Notice is hereby given that a hearing will be held on the Verified Petition for Appointment of Guardian and Conservator for [RESPONDENT NAME] on:

Date: [__/__/____]
Time: [____]
Place: [________________________________]
Courtroom/Division: [____]

The hearing will address: incapacity findings, less restrictive alternatives, qualifications of proposed fiduciary, scope of authority, and bond.

Dated: [__/__/____]
[________________________________]
Clerk of Court

PART 10 — FINDINGS AND ORDER OF APPOINTMENT; LETTERS

ORDER APPOINTING GUARDIAN AND CONSERVATOR

THIS MATTER came before the Court for hearing on [__/__/____]. The Court, having reviewed the Petition, Visitor's Report, capacity evaluation, and other evidence, and having considered less restrictive alternatives, FINDS:

☐ Notice was properly given under C.R.S. § 15-14-309.
☐ Respondent was represented by counsel: [____________________]
☐ Court Visitor's report was filed and considered.
☐ By clear and convincing evidence, Respondent is an incapacitated person within the meaning of C.R.S. § 15-14-102(5).
☐ By a preponderance of evidence, Respondent's identified needs cannot be met by less restrictive means.
☐ The proposed guardian/conservator is qualified under C.R.S. § 15-14-310 / § 15-14-413.

IT IS ORDERED:

1. [__________________________] is appointed as ☐ Limited ☐ Unlimited Guardian.
2. [__________________________] is appointed as ☐ Limited ☐ Unlimited Conservator.
3. Specific powers granted: [________________________________]
4. Specific rights retained by Respondent: [________________________________]
5. Bond set at: $[____________] ☐ Waived
6. Initial Inventory due within 90 days under C.R.S. § 15-14-418.
7. Annual Report and Annual Accounting due under C.R.S. § 15-14-317 and § 15-14-420.
8. Next periodic review: [__/__/____]

Dated: [__/__/____]

[________________________________]
District Court Judge / Magistrate

LETTERS OF GUARDIANSHIP

These Letters certify that [__________________________] has been duly appointed Guardian of [RESPONDENT NAME] with the powers set forth in the foregoing Order, effective [__/__/____].

[Court Seal]
Clerk: [________________________________]

LETTERS OF CONSERVATORSHIP

These Letters certify that [__________________________] has been duly appointed Conservator of the Estate of [RESPONDENT NAME] with the powers set forth in the foregoing Order, effective [__/__/____].

[Court Seal]
Clerk: [________________________________]

PART 11 — INITIAL INVENTORY (C.R.S. § 15-14-418) AND ANNUAL ACCOUNTING (C.R.S. § 15-14-420)

INITIAL INVENTORY — Due within 90 days of appointment

Conservator certification: I certify the foregoing inventory is true and complete to the best of my knowledge.

[________________________________] Date: [__/__/____]

ANNUAL REPORT (Guardian) and ANNUAL ACCOUNTING (Conservator) — Reference

Guardians must file an annual report under C.R.S. § 15-14-317 addressing: ward's residence, health, services received, social/recreational activities, and recommended changes.

Conservators must file an annual accounting under C.R.S. § 15-14-420 addressing: receipts, disbursements, asset balances, and changes in property.

Reporting period: [__/__/____] to [__/__/____]
Filing deadline: [__/__/____]

SOURCES AND REFERENCES

• C.R.S. Title 15, Article 14, Parts 3 and 4 (Colorado Probate Code — Guardianship and Conservatorship)
• HB 23-1294 (Adults Subject to Guardianship Bill of Rights)
• Colorado JDF forms (Judicial Department): JDF 805 (Petition for Guardian), JDF 876 (Petition for Conservator), JDF 829 (Letters of Guardianship), JDF 882 (Letters of Conservatorship)
• Colorado Office of Public Guardianship (where applicable)
• UAGPPJA: C.R.S. § 15-14.5-101 et seq.