IN THE [PROBATE/DISTRICT] COURT
[___] COUNTY, STATE OF COLORADO
In the Matter of the Guardianship of:
[NAME OF MINOR / INCAPACITATED PERSON] (“Proposed Ward”)
Case No.: ___
Division: ___
PETITION FOR APPOINTMENT OF [LIMITED/UNLIMITED] GUARDIAN
[// GUIDANCE: This template is designed for use under the Colorado Uniform Guardianship and Protective Proceedings Act, C.R.S. § 15-14-101 et seq. Customize bracketed terms and delete inapplicable options (e.g., “minor” vs. “incapacitated person”).]
TABLE OF CONTENTS
- Document Header ...................................................... 1
- Definitions .......................................................... 2
- Allegations & Operative Requests ..................................... 3
- Representations & Warranties of Petitioner ........................... 5
- Covenants of Proposed Guardian ...................................... 6
- Default, Removal & Remedies .......................................... 8
- Risk Allocation & Bond ............................................... 9
- Court Jurisdiction & Governing Law .................................. 10
- General Provisions .................................................. 11
- Verification, Signature & Notarization ............................. 12
(Page numbers will auto-adjust after editing.)
1. DOCUMENT HEADER
1.1 Petitioner: [FULL LEGAL NAME], [relationship to Proposed Ward], residing at [address], phone [], e-mail [].
1.2 Proposed Ward: [FULL LEGAL NAME], date of birth [], current address [].
• Status: ☐ Minor (under 18) ☐ Incapacitated Adult (as defined below).
1.3 Requested Relief: Appointment of [FULL LEGAL NAME] as ☐ Limited ☐ Unlimited Guardian pursuant to C.R.S. § 15-14-[204 (minor) / 311 (adult)].
1.4 Effective Date: Upon entry of the Court’s Order issuing Letters of Guardianship.
1.5 Governing Law & Forum: Colorado law, exclusive jurisdiction of this Probate Court.
2. DEFINITIONS
For purposes of this Petition, the following capitalized terms have the meanings set forth below:
“Act” means the Colorado Uniform Guardianship and Protective Proceedings Act, C.R.S. § 15-14-101 et seq.
“Annual Report” means the guardian’s written report required under C.R.S. § 15-14-[207 / 317], due within 30 days after each anniversary of appointment.
“Bond” means any probate bond the Court may require under C.R.S. § 15-14-206(3) or as a condition of issuing Letters of Guardianship.
“Court” means the [Probate/District] Court of [___] County, Colorado.
“Guardian” means the individual appointed by this Court to exercise the powers and duties set forth in the Act and in the Court’s Order.
“Interested Person” has the meaning assigned in C.R.S. § 15-10-201(27) and includes those listed in Section 3.9 below.
“Letters” means the Letters of Guardianship issued by the Clerk of this Court evidencing authority of the Guardian.
“Petitioner” means the individual identified in Section 1.1 executing this Petition.
“Proposed Ward” means the individual named in Section 1.2 for whom guardianship is sought.
[// GUIDANCE: Add additional defined terms if specialized circumstances (e.g., “Limited Powers”).]
3. ALLEGATIONS & OPERATIVE REQUESTS
3.1 Jurisdiction & Venue. Venue is proper in this Court because the Proposed Ward ☑ resides in / ☐ is present in / ☐ owns property in [___] County, Colorado. See C.R.S. § 15-14-104.
3.2 Nature of Guardianship.
a. ☐ Minor Guardianship under Part 2 of the Act.
b. ☐ Adult Guardianship under Part 3 of the Act.
3.3 Grounds for Appointment.
a. Minor: Both parents are ☐ deceased ☐ incapacitated ☐ consent to this appointment ☐ rights have been terminated.
b. Adult: The Proposed Ward is unable to effectively receive or evaluate information or make or communicate decisions even with appropriate assistance, as evidenced by the Physicians’ Letter attached hereto as Exhibit A.
3.4 Type of Guardianship Requested.
☐ Unlimited Guardianship (all powers under C.R.S. § 15-14-[207 / 314]).
☐ Limited Guardianship limited to the following powers: [list specific powers, e.g., medical consent, residential placement].
3.5 Alternatives Considered. Less restrictive means, including but not limited to medical or durable powers of attorney, representative payees, or supported decision-making agreements, have been considered and are inadequate or unavailable.
3.6 Assets & Income of Proposed Ward. Approximate monthly income $[]; liquid assets $[]. (Conservatorship is ☐ not sought ☐ sought separately.)
3.7 Need for Bond. Petitioner ☐ requests waiver of Bond ☐ proposes Bond in the amount of $[___] consistent with C.R.S. § 15-14-206(3).
3.8 Reporting Requirements. Petitioner acknowledges the Guardian must file an Initial Care Plan within 60 days of appointment and Annual Reports thereafter, per C.R.S. § 15-14-[207 / 317].
3.9 Interested Persons. The following individuals/ entities are entitled to notice under C.R.S. § 15-10-403:
• Parent(s) / Spouse / Adult Children: [names & addresses]
• Current Guardian / Conservator / Agent: [names & addresses]
• Facility Where Ward Resides: [name & address]
• Others (e.g., VA, DHS): [names & addresses]
3.10 Requested Orders.
a. Schedule hearing on this Petition at the earliest practical date.
b. Appoint [NAME] as Guardian upon finding of necessity.
c. Issue Letters upon filing of any required Bond.
d. Grant such other relief as the Court deems just and proper.
4. REPRESENTATIONS & WARRANTIES OF PETITIONER
4.1 Eligibility. Petitioner is at least 21 years old, not a professional guardian, and is not disqualified under C.R.S. § 15-14-110.
4.2 Accuracy. All statements herein and in attached exhibits are true and correct to the best of Petitioner’s knowledge after reasonable inquiry.
4.3 No Conflicts. Petitioner is not aware of any conflict of interest that would impair her/his ability to serve the Proposed Ward’s best interests.
4.4 Compliance. Petitioner will comply with all Court orders, statutory duties, and reporting requirements if appointed Guardian.
4.5 Survival. The foregoing representations survive the Court’s appointment and issuance of Letters.
[// GUIDANCE: Delete or modify as appropriate if Petitioner and Proposed Guardian are different individuals.]
5. COVENANTS OF PROPOSED GUARDIAN
Upon appointment, the Guardian shall:
5.1 Fiduciary Duty. Act as a fiduciary, exercising the utmost good faith, loyalty, and care, consistent with C.R.S. § 15-14-314.
5.2 Initial Care Plan. File with the Court, within 60 days after issuance of Letters, a written care plan addressing the Ward’s anticipated personal needs, residence, and services.
5.3 Annual Reporting. File an Annual Report (Judicial Form JDF 850) within 30 days after each anniversary of appointment and serve copies on all Interested Persons, per C.R.S. § 15-14-[207 / 317].
5.4 Notice of Material Change. Provide written notice to the Court and Interested Persons at least 14 days prior to any proposed change in Ward’s primary residence, major medical procedure, or limitation of Ward’s rights.
5.5 Record-Keeping. Maintain contemporaneous records of all decisions, expenditures (if any), and communications on behalf of the Ward for inspection by the Court.
5.6 Bond & Insurance. Obtain and maintain any Bond or other court-ordered insurance, paying premiums timely and filing proof annually.
5.7 Professional Services. Seek court approval prior to engaging compensated services for which the Guardian has an ownership or employment interest.
6. DEFAULT, REMOVAL & REMEDIES
6.1 Events of Default. The following constitute default grounds:
a. Failure to file required reports;
b. Breach of fiduciary duty;
c. Misappropriation of assets;
d. Failure to maintain required Bond;
e. Conviction of a disqualifying crime;
f. Any other ground enumerated in C.R.S. § 15-14-318.
6.2 Notice & Cure. Upon default, the Court may issue an Order to Show Cause requiring written response within 14 days. Failure to cure may result in suspension, removal, surcharge, or imposition of additional restrictions.
6.3 Remedies. The Court retains authority to:
• Revoke Letters and appoint a successor guardian;
• Impose surcharges or require additional Bond;
• Refer matters for civil or criminal enforcement;
• Grant protective orders or other equitable relief.
6.4 Attorney Fees. In any contested removal proceeding, the Court may assess attorney fees and costs against the defaulting Guardian personally if the default was in bad faith or constituted a breach of fiduciary duty.
7. RISK ALLOCATION & BOND
7.1 Indemnification. The Guardian shall be personally liable for losses to the Ward caused by willful misconduct, gross negligence, or breach of fiduciary duty. To the fullest extent permitted by law, the Guardian shall be indemnified from the Ward’s estate only for reasonable expenses incurred in good-faith performance of authorized duties.
7.2 Liability Cap via Bond. If a Bond is required, the surety’s aggregate liability shall not exceed the penal sum stated in the Bond, except as may be increased by Court order.
7.3 Modification. Any Interested Person may petition to increase or decrease the Bond amount upon showing of changed circumstances or risk profile.
7.4 Force Majeure. The Guardian shall not be liable for failure to perform duties to the extent performance is prevented by events beyond the Guardian’s reasonable control (e.g., natural disaster, act of war), provided the Guardian acts diligently to mitigate harm and promptly notifies the Court.
8. COURT JURISDICTION & GOVERNING LAW
8.1 Governing Law. All matters arising under or relating to this guardianship shall be governed by the laws of the State of Colorado, including the Act and applicable Probate Rules.
8.2 Exclusive Forum. The Probate Division of this Court retains exclusive jurisdiction over the guardianship estate. Arbitration is not available.
8.3 Jury Waiver. Proceedings concerning guardianship matters are heard by the Court sitting without a jury, except as otherwise provided by law.
8.4 Injunctive Relief. The Court may issue temporary or permanent protective orders to safeguard the Ward pending final adjudication.
9. GENERAL PROVISIONS
9.1 Amendments & Modifications. Any modification of the Guardian’s powers shall be made only by written order of this Court.
9.2 Successor Guardians. Upon the appointment of a successor, all powers of the former Guardian cease except as necessary to transfer records and property.
9.3 Severability. If any provision of the Court’s order is held invalid, the remaining provisions shall remain enforceable to the fullest extent permitted by law.
9.4 Integration. The Court’s order and any Letters issued constitute the entire governance of the guardianship and supersede prior inconsistent orders.
9.5 Electronic Signatures. This Petition and subsequent filings may be signed electronically in compliance with C.R.C.P. 121 § 1-26.
10. VERIFICATION, SIGNATURE & NOTARIZATION
I, [FULL LEGAL NAME OF PETITIONER], declare under penalty of perjury under the laws of the State of Colorado that the foregoing statements are true and correct to the best of my knowledge, information, and belief.
Date: ___
[Signature of Petitioner]
[Typed/Printed Name]
State of Colorado )
) ss.
County of [____] )
The foregoing instrument was acknowledged before me this _ day of ___, 20___, by [NAME OF PETITIONER].
Notary Public
My commission expires: ___
LIST OF ATTACHMENTS
A. Physician’s Letter or Professional Evaluation (Adult cases)
B. Consent of Parent(s) / Current Guardian (if applicable)
C. Proposed Guardian’s Acceptance of Appointment
D. Proposed Guardian’s Criminal History Affidavit
E. Proposed Letters of Guardianship (draft)
F. Bond Form (if Bond requested)
G. Notice of Hearing (draft)
H. Proof of Service / Certificate of Mailing (to be filed post-service)
[// GUIDANCE: Attach only those exhibits relevant to the specific case; remove unused placeholders before filing.]