Whether you need to care for an older special needs child or an elderly parent, here’s an essential guide about what you need to know regarding guardianship proceedings in Colorado so you will be prepared and ready to meet the process successfully.

First, to get your request for guardianship considered, you must file a petition with the District Court in the county where the subject of your guardianship request lives. Guardianship requests can be made for children and mentally and physically incapacitated adults.

You must pay the appropriate filing fees for your petition. That fee must be paid when you file the petition. Sometimes, the fee can be waived if you cannot pay it and submit the appropriate affidavit to support this request.

If you’re filing for guardianship over an incapacitated adult, you must accompany your petition with medical information on that adult’s condition, written and signed by a qualified doctor or psychologist.

A court visitor will then be appointed to meet with you, the candidate for guardianship, and anyone else with information potentially pertinent to the guardianship discussion. You must pay the visitor an hourly fee, which varies from county to county; typically, the rate ranges from $25 to $75 an hour. Based on information gathered from these interviews, the visitor will file a report with the court with recommendations regarding guardianship.

The court will then schedule a hearing on the petition, notice of which must be personally served to the potential ward. All other interested parties may be notified of the hearing by mail, although in-person serving is also allowable.

All parties to the petition must attend the hearing, including the potential ward, unless the court excuses them for a good cause, such as a medical emergency.

If the court grants the guardianship, the new guardian must give notice of the guardianship to the ward within 30 days of being appointed that person’s guardian.

The new guardian must file a personal care plan for the ward with the court within 90 days of being appointed. This plan must include financial arrangements for the ward and a detailed inventory of the ward’s estate.

A child who is 12 years old or older can file a petition for guardianship and request a particular adult to be named as guardian. The court will investigate proposed guardians for minor children to assess:

• Their ability to provide care, physically and financially;
• Their existing relationship with the child;
• Their criminal background, if any.

The court will consider this investigation's results and the child’s wishes before the judge rules. Generally, the older the child, the more the court will consider their personal preferences.

The court typically decides most cases within six to eight weeks after filing. It may grant a temporary guardianship if the prospective ward needs care during the court process.

In the case of adult wards, a guardianship arrangement is usually permanent. However, the court will likely periodically review the case.  In the case of child wards, the guardianship arrangement ends when the ward gets adopted, becomes legally emancipated, becomes financially self-supporting, joins the military, or turns 19.

For insight and practical help with your Colorado guardianship questions, please call or email our legal team today to schedule a confidential consultation about your next steps.