How do I petition for guardianship or conservatorship in Colorado?
1. Terminology. Colorado splits the roles for both adults and minors: 'guardian' for the person, 'conservator' for the estate.
2. Adult Guardianship. Under C.R.S. § 15-14-301, a court may appoint a guardian for an 'incapacitated person' — 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 technological assistance.
3. Adult Conservatorship. Under C.R.S. § 15-14-401, a conservator is appointed for an adult unable to manage property and business affairs effectively.
4. Minor Guardianship/Conservatorship. Available under §§ 15-14-202 (guardian) and 15-14-401 (conservator) when parents are deceased, rights suspended, or consent given.
5. Petition. File in the district court (or probate court in Denver) of the county where the respondent resides. Personal service on the respondent at least 14 days before hearing; notice to spouse, adult children, parents, and others closely connected.
6. Court Visitor / GAL. A court visitor is appointed under C.R.S. § 15-14-305 to interview the respondent and report; counsel must be appointed unless the respondent is already represented.
7. Capacity Evaluation. A professional evaluation from a physician, psychologist, or social worker addressing functional capacity is required (§ 15-14-306); clear and convincing evidence standard.
8. Hearing & Order. Respondent has rights to attend, counsel, present evidence, and a jury trial. Court must impose the least restrictive form of intervention.
9. Powers & Duties. Bond required for conservator (§ 15-14-415); inventory within 60 days; annual report and account; court approval for sale of real property and major medical decisions.
10. Alternatives. Uniform POA Act (C.R.S. § 15-14-701 et seq.), medical durable POA (§ 15-14-503), advance directive (§ 15-18), and supported decision-making agreements under § 15-14-743.
11. Termination & UAGPPJA. Termination on restored capacity (§ 15-14-318), death, or minor reaching 18. Colorado adopted UAGPPJA at C.R.S. § 15-14.5-101 et seq.
This is legal information, not legal advice.
- Supported decision-making agreements under C.R.S. § 15-14-743
- Contested conservatorships involving complex assets or family trusts
- Emergency guardianship under § 15-14-312 for immediate harm prevention
- C.R.S. § 15-14-101 et seq.
- C.R.S. § 15-14-301
- C.R.S. § 15-14-401
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.