Order Appointing Guardian Ad Litem (Gal)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Order Appointing Guardian Ad Litem (Gal) is a commonly used form within Colorado. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Order Appointing Guardian Ad Litem (Gal)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Order Appointing Guardian Ad Litem (Gal):

• This form pertains to the State of Colorado

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Colorado’s Form JDF 742 SC - Order Appointing Guardian Ad Litem (Gal) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Colorado form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Colorado probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form JDF 742 SC, take a break, and then review. Probate and estate settlement processes in CO are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form JDF 742 SC online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form JDF 742 SC witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Order Appointing Guardian Ad Litem (Gal) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Colorado.

5 reasons you should submit JDF 742 SC as quickly as possible:

1. The sooner you begin, the faster Colorado can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Colorado. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Colorado is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Colorado probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Colorado probate clerk or court for exact answers regarding Form JDF 742 SC, and when in doubt— consult a qualified trust & estates lawyer for that area.

Order Appointing Guardian Ad Litem (Gal) is one of the many probate court forms available for download through Atticus.

It may also be available through some Colorado probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Colorado.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form JDF 742 SC - Order Appointing Guardian Ad Litem (Gal) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Colorado probate court office.

Order Appointing Guardian Ad Litem (Gal) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Colorado-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Colorado Form JDF 742 SC - Order Appointing Guardian Ad Litem (Gal). You can use this to get an idea of the context of the form and what type of information is needed.

JDF 742SC 9/18 ORDER APPOINTING GUARDIAN AD LITEM Page 1 of 2 District Court Denver Probate Court ___________________ County, Colorado Court Address: In the Interest of: In the Matter of the Estate of: COURT USE ONLY Case Number: Division Courtroom ORDER APPOINTING GUARDIAN AD LITEM 1. Upon the court's own motion; stipulation of the parties; motion of __________________ ___________________________ (appointee) is appointed as guardian ad litem for the following person . Appointee’s contact information: Street Address: City: State: Zip Code: Mailing Address, if different: ________________________________________________________________ City: __________________ State: ____________________ Zip Code: ______________ Primary Phone: Alternate Phone: _________________ Email Address: Attorney Registration #: 2. This order is entered pursuant to section: 15-10-403(5) in a trust, estate, or judicially supervised settlement matter - appointment of a guardian ad litem to represent the interests of a minor, an incapacitated, protected, unborn, or unascertained person, or a person whose identity or address is unknown. The reason for the appointment is as follows: 15-14-115 in a matter regarding a person under disability - appointment of a guardian ad litem to represent the interests of a respondent or an incapacitated or protected person. The reason for the appointment is as follows: JDF 742SC 9/18 ORDER APPOINTING GUARDIAN AD LITEM Page 2 of 2 3. The guardian ad litem’s duty is: to investigate and prepare specific written recommendations regarding: the allegations of incapacity or of the need for financial protection. the appropriateness of limitations to the guardianship/conservatorship. the appropriateness/qualifications of the nominee. issues raised in the visitor’s report. issues raised in the guardian’s/conservator’s report. issues raised by the appropriateness of termination of the guardianship/conservatorship. other to advocate for and represent the best interests of the above named person regarding the following issues: Other: 4. The appointee must have access to all relevant information regarding the respondent in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and other privacy laws, without further order, authorization or release. Relevant information includes, but is not limited to the following records, reports, and evaluations: medical, psychiatric, psychological, drug, alcohol, law enforcement, social services, school, financial, and estate planning. This order provides the authority to release such information to the appointee regardless of the original source of information. The appointee must not disclose this information inappropriately. 5. The guardian ad litem must prepare a written report, including recommendations. The report must be filed and served upon interested persons at least 10 calendar days before the hearing for which the report was prepared If no hearing is currently set, the report must be filed within 30 calendar days from the date of appointment. The report must be filed and served upon interested persons by (date). 6. Unless otherwise ordered by the court, the guardian ad litem appointment is automatically terminated 30 days after the hearing at which the report is considered. If the hearing is waived, appointment is terminated 30 days after the report is filed. Other (explain) 7. The appointee must be compensated by: The captioned estate. The maximum hourly rate is set at $_____________. The State of Colorado because all responsible parties are indigent (JDF 208 completed). (See CJD 04- 05) Person to be determined by the court at a later date. Other (explain) _____________________________ 8. Acceptance of this appointment requires the appointee to comply with Chief Justice Directives 04-05 or 04-06. Failure to comply may result in termination of the appointment and/or removal from the appointment list. Next appearance is on (date), at (time), in (division). Date: __________________ _____________________________________ Judge Magistrate Registrar