Guardianship Petition - Preparation Worksheet - Colorado

COLORADO GUARDIANSHIP PETITION PREPARATION WORKSHEET

NOT A COURT FILING

Use this worksheet to collect information for the correct official Colorado Judicial Branch forms. Do not file this document, copy its prose into a pleading, combine the adult and minor tracks, or use one track's forms or reporting rules in the other track.

Current official starting points:

• Adult guardianship page and forms: Become a Guardian for an Adult
• Adult instructions: JDF 840
• Minor guardianship page and forms: Become a Guardian for a Minor
• Minor instructions: JDF 823

Stop and obtain legal advice if the proposed ward is in another state, another guardianship or custody case exists, a parent objects, tribal membership or eligibility may be involved, emergency relief is contemplated, the proposed guardian has a conflict, the respondent disputes incapacity, or authority over property may require a conservatorship.

1. TRACK AND VENUE GATE

Select only one ordinary appointment track:

☐ Minor track: prepare current JDF 824, Petition for Appointment of Guardian — Minor.

☐ Adult track: prepare current JDF 841, Petition for Appointment of Guardian — Adult.

☐ Stop — special procedure: emergency, temporary, testamentary, transfer, protective proceeding, or other procedure requiring different forms or targeted review.

Venue record

For a minor, venue is where the minor resides or is present when the proceeding begins. For an adult, the ordinary venue rule uses the county where the respondent resides; the statute supplies an additional route when admission to an institution occurred by court order. Emergency and substitute proceedings require separate analysis.

2. CURRENT-FORM CONTROL

Record the versions actually obtained from the Judicial Branch on the filing date.

Also check the current instructions for JDF 800, JDF 705, background and credit materials, identification, CAPS authorization, nonresident fiduciary requirements, publication, fee waiver, and any case-specific proposed order. Do not assume this table is a complete filing packet.

3. COMMON INFORMATION COLLECTION

Petitioner

Proposed guardian

Do not promise appointment, immunity, reimbursement, indemnification, a bond amount, or a limit on liability. Those matters depend on current law, the evidence, the court's orders, and the particular fiduciary relationship.

4. MINOR TRACK — JDF 824 PREPARATION

Complete this section only for an ordinary judicial appointment of a minor's guardian.

4.1 Minor and family facts

4.2 Appointment ground

Identify the evidence for at least one statutory ground and for the minor's best interest. Do not check a ground merely because it seems convenient.

☐ Parent or parents consent.

☐ All parental rights have been terminated.

☐ Parent or parents are unwilling or unable to exercise parental rights.

☐ A prior third-party guardian died or became incapacitated and did not appoint a successor by will or written instrument.

Documents, witnesses, and disputed facts: [________________________________]

Why appointment is in the minor's best interest: [________________________________]

4.3 Requested scope

☐ Ordinary guardianship requested on current JDF 824.

☐ Limited powers requested; identify each requested power and why limitation serves the minor: [________________________________]

☐ Temporary or emergency relief may be needed — stop and use the separate statutory procedure and current form set after legal review.

4.4 Minor notice and hearing control

Use JDF 823, JDF 806, JDF 807, the filed petition, and the hearing order to build the service list. C.R.S. § 15-14-205 identifies recipients; the current instructions describe mail, personal service for a minor age 12 or older, and publication when permitted and necessary.

The current JDF 823 instructions use a 14-day prehearing deadline for the described mail service and personal-service route. Calculate from the actual hearing date and verify weekends, holidays, publication, waivers, unknown addresses, and local practice before service.

4.5 Minor post-appointment control

If appointed, follow the signed order and current instructions rather than this worksheet.

☐ File JDF 800 and JDF 705 as directed before letters issue.

☐ Use the signed order and JDF 812 to complete appointment notice.

☐ Calendar JDF 834 annually or as ordered by the judge.

☐ Give notice of a filed guardian's report, with a copy, as the order and current law require.

☐ Inform the court of a change in the minor ward's custodial dwelling or address.

There is no generic minor “initial 60-day care plan” rule in this worksheet. The adult JDF 850 reporting schedule must not be imported into the minor track.

5. ADULT TRACK — JDF 841 PREPARATION

Complete this section only for an adult guardianship petition.

5.1 Respondent and required-person facts

5.2 Need, alternatives, and evidence

Nature and extent of alleged incapacity: [________________________________]

Decision or function affected: [________________________________]

Current supports and accommodations: [________________________________]

Less restrictive means considered, tested, or unavailable: [________________________________]

Appropriate and reasonably available technological assistance considered: [________________________________]

Why identified needs cannot be met by less restrictive means: [________________________________]

Physician's letter or qualified professional evaluation required by the current instructions: [________________________________]

The appointment finding requires clear and convincing evidence of incapacity and that identified needs cannot be met by less restrictive means. A diagnosis, age, disability, or family preference alone is not a substitute for the required functional and evidentiary showing.

5.3 Requested powers

☐ Limited guardianship requested.

List each specific power requested and connect it to a demonstrated need:

☐ Unlimited guardianship requested.

Why a limited guardianship is inappropriate: [________________________________]

The court must, whenever feasible, grant only powers necessitated by the ward's limitations and demonstrated needs. Do not insert contractual waivers, arbitration, a jury waiver, default-and-cure language, force majeure, indemnification, an exclusive-forum clause, or a liability cap into the petition.

5.4 Adult notice, visitor, and hearing control

The respondent must receive the petition and hearing notice by personal service. The current JDF 840 instructions say at least 14 days before the hearing. Other persons listed in the petition must receive notice through the applicable route. Verify the complete recipient list and all service details from current law, JDF 840, the filed case, and court orders.

The court appoints a visitor after receiving an adult guardianship petition. Do not select, direct, or prewrite the visitor's findings. Track the visitor's appointment and report, any appointed lawyer or guardian ad litem, accommodations, subpoenas, witnesses, and the respondent's attendance and participation rights.

5.5 Adult post-appointment control

If appointed, use the signed order, letters, current Guardian's Manual, and current forms.

☐ File JDF 800 and JDF 705 as directed before letters issue.

☐ Use JDF 812 and the signed order for appointment notice.

☐ File the initial JDF 850 report and care plan within 60 days after appointment or as otherwise directed by the court.

☐ Calendar JDF 850 at least annually thereafter and whenever ordered.

☐ Give the ward and court-directed persons notice and a copy of a filed report within the governing deadline.

☐ Immediately notify the court if the ward's condition changes so the ward can exercise rights previously removed.

☐ Inform the court of a change in custodial dwelling or address.

☐ Immediately notify the court in writing of the ward's death.

☐ When applicable, notify the ward, to the extent reasonably feasible and at least 30 days before the change if possible, of a forthcoming permanent move to a facility restricting departure or visitors, unless the move is in the guardian's plan or specifically authorized by the court.

6. WARD RIGHTS AND ORDER-SCOPE CONTROL

The 2026 guardianship bill of rights applies subject to limitations imposed by court order. A ward retains rights the court has not granted to the guardian. Before filing and after appointment:

☐ Identify every right or power the petition asks the court to restrict or grant.

☐ Match each requested restriction to evidence, demonstrated need, and the least restrictive available response.

☐ Preserve the ward's participation, preferred communication method, language, accommodations, privacy, preferences, and access to court and counsel as current law and orders require.

☐ Review the signed order before acting; the petition does not itself grant authority.

☐ Seek court instructions or qualified legal advice when the order is unclear or a proposed act may exceed granted powers.

7. FINAL FILING CHECK

Do not notarize this worksheet. Sign only the official forms in the manner those current forms and the filing court require.

END OF TEMPLATE