Chapter 19 - EXHIBIT 19A • EMERGENCY GUARDIANSHIP AND GUARDIANSHIP FORMS CHECKLIST

• Jurisdiction: Colorado

EXHIBIT 19A • EMERGENCY GUARDIANSHIP AND GUARDIANSHIP FORMS CHECKLIST

All forms listed below are included in your CBA-CLE dashboard PDF e-Book.

Guardianship for Minor (By Judicial Appointment)

JDF #	Title of Pleading	Statute or Colo. Rules of Probate Procedure	Comment
824	Petition for Appointment of Guardian for Minor	15-14-204	Use for judicial appointment of guardian. Not for appointment by will or other writing. (Use JDF 820.)
825	Consent of Parent	15-14-204	Parents must consent or be given notice, unless parental rights have been terminated.
826	Consent or Nomination of Minor	15-14-205(1)(d)	Use if minor is age 12 or older.
714	Affidavit Re Due Diligence and Proof of Publication		Use if parent cannot be found and/or paternity is truly unknown.
716	Notice of Hearing by Publication	15-10-401(1)(c) and (3)	Publish at least 1 x week for 3 weeks, with last date being at least 14 days prior to hearing.
719	Waiver of Notice	15-14-114	Parents and custodians may waive.
721	Irrevocable Power of Attorney	C.R.P.P. 26	Required if guardian is non-resident.
805	Acceptance of Office	15-14-110	File prior to hearing. File as exhibits (1) CBI background report; (2) credit report; and (3) driver's license, passport, or other government-issued ID. Redact SS# and account #s.
806	Notice of Hearing to Interested Persons	15-14-113	Serve parents, persons having custody of minor, and minor's nominee 14 days before hearing. File all notices prior to hearing.
807	Notice of Hearing to Respondent (Adult or Minor)	15-14-113, -205(1), C.R.C.P. 4	If age 12 or older, minor should be personally served (unless minor is also petitioner).
827	Order Appointing Guardian for Minor	15-14-204(2), -205(2)	Valid until minor's 18th birthday, unless otherwise limited.
828	Order Appointing Temporary Guardian for Minor	15-14-204(4)	Temporary guardianship is limited to 6 months.
829	Order Appointing Emergency Guardian for Minor	15-14-204(5)	Emergency guardianship is limited to 60 days.
830	Letters of Guardianship - Minor	15-14-204, -207	Same format of letters is used for permanent, temporary, and emergency guardianship.
834	Guardian's Report - Minor	15-14-207(e)	Reports are not mandatory, but are increasingly used by the court. Notify court of change of address.
835	Petition for Termination of Guardianship for Minor	15-14-210	Use only if terminating prior to minor's 18th birthday, e.g., emancipation, adoption, or death of minor.
836	Order for Termination of Guardianship for Minor	15-14-210	May also be used if parent resumes responsibilities.

1. If appointment of guardian is by will or separate writing, then judicial appointment is not necessary. See JDF 820, JDF 821, and JDF 822.

2. Consider use of power of attorney delegating authority of parent or guardian for greater flexibility. See JDF 750 and JDF 751. Delegation of authority is limited to 12 months.

3. If guardian becomes incapacitated, wishes to resign, or is deceased, a successor guardian is still necessary. The guardianship does not terminate. Motion court for appointment of co-guardian or successor guardian.

4. If guardianship is for reasons other than minority (developmental disabilities, mental health, brain injury, etc.), guardianship for adult should be filed to continue after 18th birthday.

Guardianship for Minor (By Will or Written Instrument)

JDF #	Title of Pleading	Statute or Colo. Rules of Probate Procedure	Comment
820	Instructions for Appointment of Guardian for Minor by Will or Other Signed Writing	15-14-202	Check local procedure. Court may not issue order or letters without complying with requirements for judicial appointment of guardian. See Note 1, below.
822	Petition for Confirmation of Appointment of Guardian	15-14-202	Must be filed with court within 30 days of filing affidavit, JDF 821. Use upon death or incapacity of last surviving parent. Incapacity may be determined by court or physician.
821	Affidavit of Acceptance of Appointment by Written Instrument as Guardian for Minor	15-14-202	File within 30 days of death or incapacity of last surviving parent/guardian. File with copy of appointing instrument, whether will or other signed writing. Guardian has authority to act unless an objection by minor or other interested person is filed prior to court confirmation.
826	Consent or Nomination of Minor	15-14-203	Use if minor is 12 years of age or older. If minor objects, then proceed by judicial appointment.
1. Check local procedure. Statutes do not contemplate orders or letters being issued by the court. Some registrars may be willing to issue letters to evidence court's "confirmation" of guardian's authority. If third parties will not accept guardian's authority, consider proceeding with judicial appointment.
2. If guardian becomes incapacitated, wishes to resign, or is deceased, a successor guardian is still necessary. The guardianship does not terminate. Motion court for appointment of co-guardian or successor guardian.
3. If guardianship is for reasons other than minority (developmental disabilities, mental health, brain injury, etc.), guardianship for adult should be filed to continue after 18th birthday.

Emergency Guardianship Adult — JDF...