C.R.S. Section 15-14-205
Judicial appointment of guardian

  • procedure

(1)

After a petition for appointment of a guardian is filed, the court shall schedule a hearing, and the petitioner shall give notice of the time and place of the hearing, together with a copy of the petition, to:

(a)

The minor, if the minor has attained twelve years of age and is not the petitioner;

(b)

Any person alleged to have had the primary care and custody of the minor during the sixty days before the filing of the petition;

(c)

Each living parent of the minor or, if there is none, the adult nearest in kinship that can be found;

(d)

Any person nominated as guardian by the minor if the minor has attained twelve years of age;

(e)

Any appointee of a parent or guardian whose appointment has not been prevented or terminated under section 15-14-203 (1) or whose appointment was consented to under section 15-14-203 (2); and

(f)

Any guardian or conservator currently acting for the minor in this state or elsewhere.

(2)

The court, upon hearing, shall make the appointment if it finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the conditions of section 15-14-204 (2) have been met, and the best interest of the minor will be served by the appointment. In other cases, the court may dismiss the proceeding or make any other disposition of the matter that will serve the best interest of the minor.

(3)

If the court determines at any stage of the proceeding, before or after appointment, that the interests of the minor are or may be inadequately represented, it may appoint a lawyer to represent the minor, giving consideration to the choice of the minor if the minor has attained twelve years of age.

Source: Section 15-14-205 — Judicial appointment of guardian - procedure, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-15.­pdf (accessed Oct. 20, 2023).

15–14–101
Short title
15–14–102
Definitions
15–14–104
Facility of transfer
15–14–105
Delegation of power by parent or guardian
15–14–106
Subject-matter jurisdiction
15–14–107
Transfer of jurisdiction
15–14–108
Venue
15–14–109
Practice in court - consolidation of proceedings
15–14–110
Letters of office
15–14–111
Effect of acceptance of appointment
15–14–112
Termination of or change in guardian’s or conservator’s appointment
15–14–113
Notice
15–14–113.5
Appointments without notice - investigation - report - procedures
15–14–114
Waiver of notice
15–14–115
Guardian ad litem
15–14–116
Request for notice - interested persons
15–14–117
Multiple appointments or nominations
15–14–118
Small estate - person under disability - no personal representative
15–14–119
Notice to public institutions on appointment of guardian or conservator
15–14–120
Uniform veterans’ guardianship act not affected
15–14–121
Uniformity of application and construction
15–14–122
Severability clause
15–14–201
Appointment and status of guardian
15–14–202
Testamentary appointment of guardian - appointment by written instrument
15–14–203
Objection of others to parental appointment - consent by minor of twelve years of age or older to appointment of guardian
15–14–204
Judicial appointment of guardian - conditions for appointment - definition
15–14–205
Judicial appointment of guardian - procedure
15–14–206
Judicial appointment of guardian - priority of minor’s nominee - limited guardianship
15–14–207
Duties of guardian
15–14–208
Powers of guardian
15–14–209
Rights and immunities of a guardian
15–14–210
Termination of guardianship - other proceedings after appointment
15–14–301
Appointment and status of guardian
15–14–304
Judicial appointment of guardian - petition
15–14–305
Preliminaries to hearing
15–14–306
Professional evaluation
15–14–308
Presence and rights at hearing
15–14–309
Notice
15–14–310
Who may be guardian - priorities - prohibition of dual roles
15–14–311
Findings - order of appointment
15–14–312
Emergency guardian
15–14–313
Temporary substitute guardian
15–14–314
Duties of guardian
15–14–315
Powers of guardian
15–14–315.5
Dissolution of marriage and legal separation
15–14–316
Rights and immunities of guardian - limitations
15–14–317
Reports - monitoring of guardianship - court access to records
15–14–318
Termination or modification of guardianship - resignation or removal of guardian
15–14–319
Right to a lawyer post-adjudication
15–14–401
Protective proceeding
15–14–402
Jurisdiction over business affairs of protected person
15–14–403
Original petition for appointment or protective order
15–14–404
Notice
15–14–405
Original petition - minors - preliminaries to hearing
15–14–406
Original petition - persons under disability - preliminaries to hearing
15–14–406.5
Professional evaluation
15–14–408
Original petition - procedure at hearing
15–14–409
Original petition - orders
15–14–410
Powers of court
15–14–411
Required court approval
15–14–412
Protective arrangements and single transactions
15–14–412.5
Limited court-approved arrangements authorized for persons seeking medical assistance for nursing home care - applicable to trusts established before a certain date
15–14–412.6
Trust established by an individual - eligibility for certain public assistance programs - general provisions
15–14–412.7
Income trusts - limitations
15–14–412.8
Disability trusts - limitations
15–14–412.9
Pooled trusts - limitations
15–14–413
Who may be conservator - priorities - prohibition of dual roles
15–14–414
Petition for order subsequent to appointment
15–14–415
Bond
15–14–416
Terms and requirements of bond
15–14–418
General duties of conservator - financial plan
15–14–419
Inventory
15–14–420
Reports - appointment of monitor - monitoring - records - court access to records
15–14–421
Title by appointment
15–14–422
Protected person’s interest inalienable
15–14–423
Sale, encumbrance, or other transaction involving conflict of interest
15–14–424
Protection of person dealing with conservator
15–14–425
Powers of conservator in administration
15–14–425.5
Authority to petition for dissolution of marriage or legal separation
15–14–426
Delegation
15–14–427
Principles of distribution by conservator
15–14–428
Death of protected person
15–14–429
Presentation and allowance of claims
15–14–430
Personal liability of conservator
15–14–431
Termination of proceedings
15–14–432
Payment of debt and delivery of property to foreign conservator without local proceeding
15–14–433
Foreign conservator - proof of authority - bond - powers
15–14–434
Right to a lawyer post-adjudication
15–14–500.3
Legislative declaration
15–14–500.5
Definitions - excluded powers
15–14–501
When power of attorney not affected by disability
15–14–502
Other powers of attorney not revoked until notice of death or disability
15–14–503
Short title
15–14–504
Legislative declaration - construction of statute
15–14–505
Definitions
15–14–506
Medical durable power of attorney
15–14–507
Transfer of principal
15–14–508
Immunities
15–14–509
Interstate effect of medical durable power of attorney
15–14–602
Definitions
15–14–603
Applicability
15–14–604
Duration of agency - amendment and revocation - resignation of agent
15–14–606
Duty - standard of care - record keeping - exoneration
15–14–607
Reliance on an agency instrument
15–14–611
Applicability of part
15–14–701
Short title
15–14–702
Definitions
15–14–703
Applicability
15–14–704
Power of attorney is durable
15–14–705
Execution of power of attorney
15–14–706
Validity of power of attorney
15–14–707
Meaning and effect of power of attorney
15–14–708
Nomination of conservator or guardian - relation of agent to court-appointed fiduciary
15–14–709
When power of attorney effective
15–14–710
Termination of power of attorney or agent’s authority
15–14–711
Coagents and successor agents
15–14–712
Reimbursement and compensation of agent
15–14–713
Agent’s acceptance
15–14–714
Agent’s duties
15–14–715
Exoneration of agent
15–14–716
Judicial relief
15–14–717
Agent’s liability
15–14–718
Agent’s resignation - notice
15–14–719
Acceptance of and reliance upon acknowledged power of attorney
15–14–720
Liability for refusal to accept acknowledged power of attorney
15–14–721
Principles of law and equity
15–14–722
Laws applicable to financial institutions and entities
15–14–723
Remedies under other law
15–14–724
Authority that requires specific grant - grant of general authority
15–14–725
Incorporation of authority - incorporation by reference
15–14–726
Construction of authority generally
15–14–727
Real property
15–14–728
Tangible personal property
15–14–729
Stocks and bonds
15–14–730
Commodities and options
15–14–731
Banks and other financial institutions
15–14–732
Operation of entity or business
15–14–733
Insurance and annuities
15–14–734
Estates, trusts, and other beneficial interests
15–14–735
Claims and litigation
15–14–736
Personal and family maintenance
15–14–737
Benefits from governmental programs or civil or military service
15–14–738
Retirement plans
15–14–739
Taxes
15–14–740
Gifts
15–14–741
Statutory form - power of attorney
15–14–742
Certification
15–14–743
Uniformity of application and construction
15–14–744
Relation to “Electronic Signatures in Global and National Commerce Act”
15–14–745
Effect on existing powers of attorney
15–14–801
Legislative declaration
15–14–802
Definitions
15–14–803
Supported decision-making agreement - term
15–14–804
Access to personal information
15–14–805
Agreement requirements - signature - witnesses or notary public
15–14–806
Reliance on agreement - limitation of liability
Green check means up to date. Up to date

Current through Fall 2024

§ 15-14-205’s source at colorado​.gov