Free INSTRUCTIONS - Colorado


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INSTRUCTIONS FOR APPOINTMENT OF A GUARDIAN - ADULT
These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as you would be if you were an attorney.

GENERAL INFORMATION
The Respondent must be a resident in the county in which you are filing the petition, 15-14-108, C.R.S. A person interested in the welfare of the Respondent may file the case. A name-based criminal history record check from the Colorado Bureau of Investigation (CBI) and a current credit report of the proposed guardian must be filed with the Court. The Court may appoint a guardian for an adult with or without restrictions when the Respondent is determined to be incapacitated. An incapacitated adult is defined as one 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 and reasonably available technological assistance. For additional information, please review 15-14-301 - 318, C.R.S. If you have a disability and need a reasonable accommodation to access the courts, please contact your local ADA Coordinator. Contact information can be obtained from the following website: http://www.courts.state.co.us/chs/court/ada/coordinators.htm

COMMON TERMS
Petitioner: Guardian: Interested Persons: Letters: Guardian Nominee: Respondent: Ward: Court Visitor: A person who files a Petition for the Appointment of a Guardian. A person at least 21, resident or non-resident, who has qualified as a Guardian of a minor or incapacitated person based on an appointment by the Court. The guardianship may be permanent or emergency. Persons identified by Colorado Law who must be given notice of a guardianship proceeding. A formal notice identifying the authority of the Guardian. A person named in the petition to serve as the Guardian. A person for whom the appointment of a guardian is required. A person for whom a Guardian has been appointed. A person who will interview the respondent in person who will explain his/her rights and make recommendations to the Court. Official document identifying the authority of the Guardian and his/her responsibilities during the Guardianship.

Order:

If you do not understand this information, please contact an attorney.

FEES
The filing fee is $164.00. If you are unable to pay, you must complete the Motion to File without Payment and Supporting Financial Affidavit (JDF 205) and submit it to the Court. Once you submit the completed JDF 205 form and a blank Order (JDF 206), the Court will decide whether you need to pay the filing fee. Other fees that a party to the case may encounter are as follows: Certification of Orders $20.00 Service Fees Varies

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Copy of Documents .75 per page The Court must appoint a Court Visitor to investigate and report back to the Court, for the purpose of determining if the Guardianship is in the best interest of the Respondent. The Court may also appoint an attorney for the Respondent to serve as an advocate for the Respondent. The Petitioner or Respondent may be required to pay the hourly fee of the Court Visitor or Respondent's Counsel.

FORMS
To access a form online go to www.courts.state.co.us and click on the "Self-Help Center". The packet/forms are available in PDF or WORD by selecting Probate (Guardianship - Adult). You may complete a form online or you may print it and type or print legibly in black ink. Read these instructions carefully to determine what forms you may need, as you may need all or some of the listed forms. Check with the Court where you plan to file your case to determine if they have any special requirements. JDF 714 JDF 716 JDF 719 JDF 721 JDF 805 JDF 806 JDF 807 JDF 841 JDF 849 JDF 850 Affidavit Regarding Due Diligence and Proof of Publication Notice of Hearing by Publication Waiver of Notice Irrevocable Power of Attorney Acceptance of Office Notice of Hearing to Interested Persons Notice of Hearing to Respondent/Minor Petition for Appointment of Guardian for Adult Letters of Guardianship - Adult Guardian's Report -Adult

STEPS TO FILING YOUR CASE
Step 1: Complete Forms.
Selecting these instructions indicates that you are planning on filing for a Guardianship for an Adult. The caption below needs to be completed on all forms filed. Make sure that you make a copy for your own records of all of the forms you file with the Court.
District Court Denver Probate Court __________________________________ County, Colorado Court Address: In the Interests of: Respondent Attorney or Party Without Attorney (Name and Address): Phone Number: FAX Number: Email: Atty. Reg. #: NAME OF FORM COURT USE ONLY Case Number: Division: Courtroom:



Petition for Appointment of Guardian for Adult (JDF 841) The Petitioner must complete all applicable sections on the form. Attach to the Petition, a copy of a physician's letter or profession evaluation by a qualified person pursuant to 15-14-306, C.R.S. This form must be signed in the presence of a Court Clerk or Notary Public.

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Acceptance of Office (JDF 805). Complete all applicable sections on the form and attach the name-based criminal history check and current credit report for the proposed guardian. Attach a legible copy of the proposed guardian's driver's license, passport or other government-issued identification. Obtain and attach a name-based criminal history record check from Colorado Bureau of Investigation (CBI). To obtain a name-based criminal history check, contact CBI at 690 Kipling Street Denver, CO 80215, (303) 239-4300, or at www.cbi.state.co.us and click on CBI Records Check. Obtain a current credit report of the nominee. Below are a few credit reporting agencies: Equifax, Inc., P.O. Box 740241, Atlanta, GA 30374, 1-800-685-1111, or at www.equifax.com Experian, P.O. Box 2002, Allen, TX 75013, 1-888-397-3742, or at www.experian.com TransUnion, P.O. Box 2000, Chester, PA 19022, 1-800-916-8800, or at www.transunion.com Redact "strike-out" all social security numbers identified on the credit report. If account numbers are identified, only reflect the last 4 numbers of bank, credit card accounts, etc. 15-14-110, C.R.S., requires that the costs for all criminal history checks and credit reports be paid by the proposed guardian. This form must be signed in the presence of a Court Clerk or Notary Public. Waiver of Notice (JDF 719). This form can be completed by any interested person if they wish to waive notice of any hearings or matters before the Court. This form cannot be completed by the Respondent. See Notice requirements in Step 4. This form must be signed in the presence of a Court Clerk or Notary Public. Irrevocable Power of Attorney (JDF 721). This form must be completed only if the proposed guardian lives out of state. The nominated guardian must complete this form and have it signed before a Notary Public. Letters of Guardianship Adult (JDF 849). Complete caption only on the form. The Court will complete the remainder of the form and sign it following the appointment of the Guardian.

Step 2:

You are Ready to File your Papers with the Court.

Provide the Court with the documents completed as described in Step 1 above, and pay the filing fee of $164.00. You may receive a hearing date from the clerk at the time of the filing. The date and time of this hearing is important, as you will need to complete the Notice of Hearing or publication forms described in Step 3 and Step 4. The Court shall appoint a Court Visitor who shall interview the Respondent in person, per 15-14305(3)(4)(5), C.R.S. The duties and reporting requirements of the Court Visitor are limited to the relief requested in the petition.

Step 3:

Notice to Interested Persons. (By Mail or Publication) You may need several copies of documents filed with the Court, depending on the number of interested persons you plan to notify of the proposed guardianship. Check the list below to determine the "interested persons" applicable to your circumstances. 1. The spouse of the incapacitated person, if married. 2. The parents of the incapacitated person, if any. 3. The adult children of the incapacitated person, if any. 4. Any Guardian or Conservator currently acting for the incapacitated person. 5. Any person who has care and custody of the incapacitated person, including the Respondent's treating physician.
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JDF 840

6. Any adult with whom the Respondent has resided for more than six months within one year before the filing
of the Petition, 15-14-304(2)(b)(I)(A)

7. Any adult relative nearest of kin, if there is no spouse, parent, or adult children. 8. Any legal representative of the Respondent 9. Any nominated person as guardian by the Respondent.

Service by Mail.
If you know the addresses of the interested persons, fill out the Notice of Hearing to Interested Persons (JDF 806). Mail copies of all documents (including the Petition for Guardianship) filed with the Court and the completed Notice of Hearing to Interested Persons (JDF 806) at least ten business days before the hearing and allow three extra days for mailing. Complete the Certificate of Service portion on the form, listing the names and addresses of all interested persons to whom you sent the notice and the date you sent it and file it with the Court at or before your hearing. If the address of any interested person is unknown, you must publish the notice of the hearing in the newspaper. See Service by Publication below.

Service by Publication.
If you do not have the correct address for an interested person or the identity of any interested person is not known and cannot be ascertained with reasonable due diligence, you may need to use this method of service. Before you serve by publication, you may wish to search on the Internet, contact prior employers, friends, etc. to locate a current address. Notice of Hearing by Publication (JDF 716). Complete this form and have it published in a newspaper of general circulation in the county where the hearing is to be held. The notice shall be published once a week for three consecutive weeks, with the last date of the publication being at least ten days before the date of the hearing. The Petitioner must request an affidavit from the newspaper after publication is completed. This affidavit of publication, prepared by the newspaper, will serve as proof that the Notice of Hearing by Publication (JDF 716) was published. This affidavit must be filed with the Court. Attach to JDF 714. Affidavit Regarding Due Diligence and Proof of Publication (JDF 714). Complete all sections of this form. The purpose of this form is to identify to the Court your efforts to locate the individuals listed in the Notice of Hearing by Publication (JDF 716). This form must be signed in the presence of a Court Clerk or Notary Public.

Step 4:

Notice of Hearing to Respondent with Personal Service Affidavit.

You must personally serve the Respondent at least ten business days prior to the hearing. Helpful Hints to complete personal service: Select the Sheriff's Department, a private process server, or someone you know who is 18 years or older, who is not involved in the case, and who knows the rules of service. Take a copy of the Notice (JDF 807) and copies of all documents filed with the Court and request that the sheriff, private process server or person serving the documents to personally deliver the documents to the person indicated in the Notice. Request the sheriff, private process server, or person serving the documents to return the completed Personal Service Affidavit to the Petitioner. The Petitioner should then file the original Notice of Hearing to Respondent/Minor with Personal Service Affidavit (JDF 807) together with the Clerk of the Court.

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Step 5:

Hearing.

The Petitioner and Respondent must appear at the hearing, unless excused by the Court for good cause. If the Respondent can not attend the hearing for medical or other reasons, the Petitioner must file a Motion to Excuse the Respondent and attach appropriate documentation to support the motion, such as a physician's letter. The Respondent may participate in the hearing to present evidence regarding his or her incapacitation. The Petitioner should be prepared to present evidence as to why this Guardianship is necessary and that the interested persons are aware of the proceedings and that they consent to the Guardianship. If you are appointed, the Court will issue Letters (JDF 849) as a formal notice of the appointment and provide you with a copy of the Order Appointing Guardian. You may need certified copies of Letters that will vary depending on your circumstances.

Step 6:

Requirements after the Court Appoints a Guardian.

Refer to the Order Appointing Guardian for Adult to determine when the care plan and annual guardian report is due. The purpose of the annual report is to report to the Court and interested persons the well being of the Ward. The Guardian's Report must be provided to the persons listed in the Order of Appointment. The Ward may not move outside the State of Colorado without an Order from the Court.

The responsibilities of the Guardian terminate upon the death of the Ward or upon order of the Court. The Court may terminate the Guardianship if the Ward no longer meets the standard for establishing the Guardianship.

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