If your parent can no longer make safe decisions about health care or daily needs, and no power of attorney is in place, the court may need to appoint a guardian. In Colorado, the process has set steps and deadlines, and understanding them early can help you prepare.
Filing the petition with the probate court
First, you file a petition in the court for the county where your parent lives, which is the Denver Probate Court in Denver and the district court elsewhere. The petition asks the court to appoint you and explains why. Prior to or at the hearing, you must also provide a physician’s letter or an evaluation by another qualified medical professional to support the petition.
The court appoints a guardian only if your parent cannot make safe decisions and less restrictive help, such as a power of attorney, would not meet their needs. If you ask for unlimited authority instead of a limited guardianship, the petition must explain why limited authority is not enough.
A guardianship covers your parent’s personal decisions, not their finances. Managing your parent’s money falls to a conservator, a separate role.
Notifying your parent and other family members
At least 14 days before the hearing, you must personally serve your parent with the petition and a notice of hearing. You must also mail the same documents to the other interested persons, such as your parent’s spouse or partner, adult children and parents, and anyone who has lived with your parent for more than six months in the past year.
Proving the need at the hearing
Once you file, the court appoints a court visitor, who interviews your parent in person and reports to the judge. The court may also appoint a guardian ad litem or an attorney for your parent, and it decides whether you or your parent pays the visitor’s hourly fee.
At the hearing, you prove your petition’s statements with documents and testimony and show that everyone received notice. The court must find clear and convincing evidence that your parent is incapacitated. You and your parent must attend unless the court excuses you.
Acting after the court appoints you
If the court appoints you, it issues letters of guardianship, which are your proof of authority. Within 30 days, you must give a copy of the order, a notice of appointment and notice of the right to seek modification or termination to your parent and the other people you notified earlier. You must also file the initial guardian’s report within 60 days of appointment.
A guardian answers to the court, so mistakes with a report, a notice or a decision can raise questions about your fitness to serve. A lawyer experienced in this field can explain each duty, help you meet every deadline, and guide you through decisions as they arise.