How to File for Guardianship Without a Lawyer in Colorado
How to File for Guardianship Without a Lawyer in Colorado
Colorado's probate court system is explicitly designed for self-represented (pro se) filers. The Colorado Judicial Branch provides standardized JDF forms with instructions, self-help centers in most courthouses, and a structured process that doesn't require an attorney. For uncontested cases where no family member objects, filing on your own is realistic.
Here's the complete process, step by step.
Step 1: Gather Your Background Documents
Before you touch a single court form, assemble the screening package required for JDF 805 (Acceptance of Office):
- CBI criminal history check: Order online through cbirecordscheck.com. The internet-based check costs $6; a staff-certified version costs $13. Results typically arrive within 24–48 hours.
- Credit report: Pull a current report from any bureau (free at annualcreditreport.com). Redact your Social Security number and all but the last four digits of account numbers before filing.
- CAPS check authorization: Complete and sign the Colorado Adult Protective Services written authorization form. Submit it to the court clerk, who processes the background check with CDHS. Fee is $9, capped at $16.50 by statute.
- Government photo ID: Make a legible copy of your driver's license or passport. Redact the identification number.
Having these ready before filing prevents delays — clerks can reject incomplete petitions.
Step 2: Complete the Petition Forms
Download the guardianship forms from the Colorado Judicial Branch website:
- JDF 841 — Petition for Appointment of Guardian (Adult): This is the core petition. Fill in your parent's personal information, describe their incapacity, and state why guardianship is necessary.
- JDF 805 — Acceptance of Office: Your formal agreement to serve as guardian, submitted with the background documents from Step 1.
- JDF 800 — Acknowledgment of Responsibilities: Filed immediately after appointment (prepare it now to avoid delays).
Read JDF 840 (Instructions for Appointment of a Guardian) carefully — it walks through each form field.
Step 3: File and Pay
Take the completed forms to the clerk of the probate or district court in your parent's county of residence. The filing fee is $229.
If your parent cannot afford the fee, file JDF 205 (Motion to Waive Fees) and JDF 206 (Order re Fee Waiver) simultaneously.
Free Download
Get the Colorado — Power of Attorney Quick-Start Checklist
Everything in this article as a printable checklist — plus action plans and reference guides you can start using today.
Step 4: Work with the Court Visitor
After filing, the court appoints a Court Visitor — a neutral investigator who:
- Interviews your parent to assess their current condition and wishes
- Evaluates you as the proposed guardian
- Reviews the petition and supporting documents
- Files a written report with the court recommending approval, modification, or denial
You'll pay the Court Visitor directly. In Denver, it's a flat $200. Other counties charge up to $40/hour, with total costs depending on case complexity.
Be cooperative and transparent with the Court Visitor. Provide access to your parent, share relevant medical documentation, and answer questions honestly. Their report carries significant weight with the judge.
Step 5: Serve Notice
You must notify two groups at least 14 days before the hearing:
Your parent (the respondent): Arrange personal service through a sheriff or professional process server. They receive the petition and JDF 807 (Notice of Hearing to Respondent). You cannot serve your parent yourself.
All interested persons: Mail or hand-deliver copies of the petition and JDF 806 (Notice of Hearing to Interested Persons) to all immediate family members, heirs, current caregivers, and anyone who housed your parent for more than six months in the prior year.
File the completed Certificate of Service with the court to prove notice was given.
Step 6: The Hearing
At the hearing, the judge reviews the Court Visitor's report and hears from all parties. For uncontested cases, hearings are often brief — 15 to 30 minutes.
What to expect:
- The judge may ask you about your plans for your parent's care, living arrangements, and medical needs
- If your parent is present, the judge may speak with them directly
- If your parent cannot attend, submit a physician's affidavit explaining why
If approved, the court enters JDF 848 (Order Appointing Guardian) and issues JDF 849 (Letters of Guardianship). Purchase certified copies at $20 each — you'll need them for every hospital, bank, and government agency.
After Appointment
Your obligations begin immediately:
- File JDF 800 (Acknowledgment of Responsibilities) with the court
- Within 30 days: mail JDF 812 (Notice of Appointment) to your parent and all interested persons
- Within 60 days: file JDF 850 (Initial Care Plan) with the court
- Annually: file JDF 850 with updated care information
The Colorado Power of Attorney & Guardianship Kit organizes this entire process into a sequential checklist with every form, deadline, and filing requirement mapped out — designed specifically for families handling it without an attorney.
Get Your Free Colorado — Power of Attorney Quick-Start Checklist
Download the Colorado — Power of Attorney Quick-Start Checklist — a printable guide with checklists, scripts, and action plans you can start using today.