How to File for Guardianship in Colorado

The Process Is Doable — But the Details Matter

Filing for adult guardianship in Colorado is something families can do themselves (pro se), without an attorney. The state provides standardized JDF forms, and court Self-Represented Litigant Coordinators can answer procedural questions. But "doable" doesn't mean simple. Missing a form, serving notice incorrectly, or failing a background check requirement can delay your case by weeks or months.

Here's what the process actually looks like, step by step.

Step 1: Pre-Filing Background Checks

Before you file anything, you need to gather several documents. These requirements apply to every proposed guardian, including biological parents:

• CBI Background Check: A name-based criminal history check from the Colorado Bureau of Investigation. You request this directly from CBI — not through the court.
• Credit Report: A current report from TransUnion, Experian, or Equifax. Redact all but the last four digits of account numbers before filing.
• Government-Issued Photo ID: A legible copy of your driver's license, passport, or state ID.
• Adult Protective Services Authorization: A signed Colorado Adult Protective Services (CAPS) Written Authorization form. You sign it; the court runs the check against the state's mistreatment registry. Do not contact CAPS directly.
• Capacity Documentation: A letter or evaluation from a licensed physician or psychologist detailing the respondent's diagnosis, functional limitations, and specific reasons why court-ordered support is necessary.

Collecting these takes time — especially the CBI check and the clinical evaluation. Start well before you plan to file.

Step 2: Complete and File the Petition

File in the District Court of the county where the respondent (the person you're seeking guardianship for) lives. Denver is the exception — all Denver guardianship cases go to the Denver Probate Court.

The core documents you'll file:

• JDF 841 — Petition for Appointment of Guardian for Adult (the main petition)
• JDF 805 — Acceptance of Office (your formal acceptance of the guardian role, filed with your background check documents)

The filing fee is $229. If you can't afford it, submit JDF 205 (Motion to File Without Payment and Supporting Financial Affidavit) along with a blank JDF 206 (Finding and Order Concerning Payment of Fees) to request a waiver.

All JDF forms are available for free on the Colorado Judicial Branch self-help portal at coloradojudicial.gov.

Step 3: Serve Notice

Colorado's notice requirements are strict — they protect the respondent's constitutional right to due process. Notice must be delivered at least 14 days before the hearing:

To the respondent: Personal service by an independent third party (sheriff or private process server) with JDF 807 (Notice of Hearing to Respondent) and a complete copy of the petition. The server files JDF 718 (Personal Service Affidavit) with the court as proof.

To interested persons: Mail or hand-deliver JDF 806 (Notice of Hearing to Interested Persons) plus the petition to the respondent's parents, spouse, adult children, and anyone the respondent has lived with for more than six months in the past year. File the Certificate of Service section of JDF 806 with the court.

Missing even one notice recipient can force a hearing postponement.

Step 4: The Court Visitor Investigation

The court appoints an independent investigator — the Court Visitor — automatically after the petition is filed. The Visitor's job is to investigate the situation and report to the judge. They will:

• Interview the respondent in person
• Explain the petition's nature and consequences to the respondent
• Inform the respondent of their right to an attorney
• Interview the proposed guardian
• Inspect current and proposed living situations
• Review clinical records
• Assess whether less restrictive alternatives (SDM, powers of attorney) have been explored

The Court Visitor files a written report with the court. Their compensation follows Chief Justice Directive 04-05, and the petitioner typically pays the fee — though indigent petitioners can request state-paid fees through JDF 208.

Step 5: The Hearing

At the formal hearing, you (the petitioner) must prove incapacity by clear and convincing evidence — a higher standard than "more likely than not." The judge needs to see that the respondent cannot effectively receive or evaluate information, or make or communicate decisions, to such an extent that they can't meet essential requirements for their health, safety, or self-care.

The respondent has the right to:

• Attend the hearing
• Be represented by an attorney (court-appointed if necessary)
• Present evidence and cross-examine witnesses
• Argue for a limited guardianship rather than a full one

If the court finds that intervention is necessary and that less restrictive alternatives won't work, the judge issues an Order of Appointment and signs JDF 849 (Letters of Guardianship) — your official proof of authority.

Step 6: Post-Appointment Compliance

Getting appointed is the beginning, not the end. Within 30 days, file:

• JDF 800 — Acknowledgment of Responsibilities
• JDF 705 — Probate Case Information Sheet
• JDF 812 — Notice of Appointment (served on the ward and all interested persons)

Within 60 days, file JDF 850 as your Initial Report/Care Plan, detailing the ward's current condition, medical needs, housing, and goals.

After that, JDF 850 Annual Reports are due within 30 days of the anniversary of your appointment, served on the ward and interested persons within ten days of filing.

Can You Do This Without an Attorney?

Yes — Colorado's standardized forms are designed for pro se filers, and court Self-Represented Litigant Coordinators can help with procedural questions (though they can't give legal advice).

That said, consider hiring an attorney if: the respondent or a family member will contest the petition, significant assets are involved, or you need a highly customized limited guardianship order. Contested cases are substantially harder to navigate without representation.

The Colorado Guardianship & Alternatives Guide provides a complete filing checklist with every form, deadline, and service requirement mapped out — plus the decision worksheets you need before filing to ensure guardianship is actually the right tool for your situation.

See more Colorado guides →