Petition For Appointment Of Guardian For Adult

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.

Petition For Appointment Of Guardian For Adult 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 Petition For Appointment Of Guardian For Adult

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Appointment Of Guardian For Adult:

• This form pertains to the State of Colorado

• The current version of this form was last revised on June 1, 2019

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 841 SC - Petition For Appointment Of Guardian For Adult 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 841 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 841 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 841 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 Petition For Appointment Of Guardian For Adult 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 841 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 841 SC, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Appointment Of Guardian For Adult 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 841 SC - Petition For Appointment Of Guardian For Adult 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.

Petition For Appointment Of Guardian For Adult 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 841 SC - Petition For Appointment Of Guardian For Adult. You can use this to get an idea of the context of the form and what type of information is needed.

JDF 841SC R6/19 PETITION FOR APPOINTMENT OF GUARDIAN FOR ADULT Page 1 of 7 District Court Denver Probate Court ___________________ County, Colorado Court Address: In the Interest of: Respondent COURT USE ONLY Attorney or Party Without Attorney (Name and Address): Phone Number: E-mail: FAX Number: Atty. Reg. #.: Case Number: Division Courtroom PETITION FOR APPOINTMENT OF GUARDIAN FOR ADULT 1. No court proceeding is pending in this state or elsewhere concerning the respondent. The following proceeding(s) concern(s) the respondent. Identify name of court, case number, state, date, and type of proceeding if any. Name of Court Case Number State Date of Proceeding Type of Proceeding 2. The petitioner is: a person interested in the welfare of the respondent. or the respondent. This is a petition for appointment of a(n): Permanent Guardian. (§ 15-14-304(1) and (2), C.R.S.) Emergency Guardian. (not to exceed 60 days). (§ 15-14-312, C.R.S.) 3. Information about the petitioner: Name: List all names used (also known as, formerly known as, etc.): __________________________________________ Relationship to Respondent: Street Address: City: _____________ State: ____________ Zip Code: ________________________ Mailing Address, if different: City: State: Zip Code: Primary phone: __________________ Alternate phone: _______________________________ Email Address: Does petitioner need an interpreter? No Yes (Language:______________________________) JDF 841SC R6/19 PETITION FOR APPOINTMENT OF GUARDIAN FOR ADULT Page 2 of 7 4. Information about the respondent: Name (REQUIRED): Age:______ Date of Birth (REQUIRED): Sex (REQUIRED): _________ Street address: City: __________________ State: _____________ Zip Code: ________________ Mailing address, if different: City: State: Zip Code: County of Residence: Primary phone: __________________ Alternate phone: _______________________________ Email address: __________________________________________ Does respondent need an interpreter? No Yes (Language:______________________________) If this appointment is made, the respondent’s residence will change to: 5. Information about the respondent’s spouse, partner in a civil union, or adult who has resided with the respondent for more than six months in the last year: Name: Relationship to Respondent: Street Address: City: ______________ State: ____________ Zip Code: __________________ Mailing Address, if different: City: State: Zip Code: Primary phone: __________________ Alternate phone: _______________________________ Email address: Does this person need an interpreter? No Yes (Language:______________________________) 6. Venue for this proceeding is proper because the respondent resides in this county. is present in this county. (Check this box only if requesting an Emergency Guardian.) (§ 15-14-108(2), C.R.S.) is admitted to an institution pursuant to an order of a court of competent jurisdiction sitting in this county. (Attach copy of the Order to the Petition.) 7. An appointment of a guardian for the respondent has been previously made. (Attach copy of the Order to the Petition.) 8. A Power of Attorney exists for financial or medical matters. (Attach a copy of the Power of Attorney to the Petition.) The agent‘s name and mailing address is: 9. A valid designated beneficiary agreement exists. (Attach a copy of the agreement to the petition.) The designated beneficiary’s name and mailing address is: JDF 841SC R6/19 PETITION FOR APPOINTMENT OF GUARDIAN FOR ADULT Page 3 of 7 10. The respondent is unable to effectively receive or evaluate information or both or make or communicate decisions to such an extent that he or she lacks the ability to satisfy essential requirements for physical health, safety, or self-care, even with appropriate and reasonably available technological assistance. (§ 15-14- 102(5), C.R.S.) 11. The respondent’s identified needs cannot be met by less restrictive means, including use of appropriate and reasonably available technological assistance. 12. Guardianship is necessary due to the following disabilities or impairments: Physician’s letter attached. 13. Petitioner requests the powers and duties to be unlimited or unrestricted or limited or with restrictions. The requested limitations or restrictions on the guardian’s powers and duties, if any, are as follows: 14. Petitioner is 21 years of age or older, nominates himself or herself and requests to be appointed as guardian. or Petitioner nominates the following person, who is 21 years of age or older, to be appointed as guardian. Name: L ist all names used (also known as, formerly known as, etc.): __________________________________________ Street address: City:_______________ State: _____________ Zip Code: ______________ Mailing address, if different: City: State: Zip Code: Primary phone: ________________ Alternate phone: __________________________ Email Address: Does this person need an interpreter? No Yes (Language:______________________________) 15. The nominated guardian has priority for appointment because he or she is: (§ 15-14-310, C.R.S.) a guardian currently acting for the respondent in Colorado or elsewhere.  nominated in writing by respondent, including nomination in a durable power of attorney or designated beneficiary agreement. an agent under a medical power of attorney. an agent under a general durable power of attorney. the spouse or partner in a civil union of the respondent. the parent of the respondent. JDF 841SC R6/19 PETITION FOR APPOINTMENT OF GUARDIAN FOR ADULT Page 4 of 7 an adult child of the respondent.  an adult with whom respondent has resided for more than six months immediately before the filing of this petition. other: 16. The respondent nominated the following person as guardian, but the petitioner does not seek that person’s appointment for the following reason: Name: List all names used (also known as, formerly known as, etc.): __________________________________________ Relationship to Respondent: Street address: City: ______________ State: ______________ Zip Code: ____________________ Mailing address, if different: City: State: Zip Code: Primary phone: __________________ Alternate phone: _______________________________ Email address: 17. It is necessary to appoint an Emergency Guardian for the respondent because complying with the normal procedures for the appointment of a guardian will likely result in substantial harm to the respondent’s health, safety, or welfare and no other person appears to have authority and willingness to act in the circumstances. (§ 15-14-312, C.R.S.) The nature of the emergency is as follows: 18. Information about respondent’s adult children and parents. None (If none, list an adult relative that can be found with reasonable efforts, such as a brother, sister, aunt, uncle, etc.) Name: Relationship to Respondent: Street address: City: ______________ State: ______________ Zip Code: ____________________ Mailing address, if different: City: State: Zip Code: Primary phone: __________________ Alternate phone: _______________________________ Email address: Does this person need an interpreter? No Yes (Language:______________________________) Name: Relationship to Respondent: Street address: JDF 841SC R6/19 PETITION FOR APPOINTMENT OF GUARDIAN FOR ADULT Page 5 of 7 City: ______________ State: ______________ Zip Code: ____________________ Mailing address, if different: City: State: Zip Code: Primary phone: __________________ Alternate phone: _______________________________ Email address: Does this person need an interpreter? No Yes (Language:______________________________) Name: Relationship to Respondent: Street address: City: ______________ State: ______________ Zip Code: ____________________ Mailing address, if different: City: State: Zip Code: Primary phone: __________________ Alternate phone: _______________________________ Email address: Does this person need an interpreter? No Yes (Language:______________________________) 19. Information about each person currently responsible for primary care and custody of the respondent, including the respondent’s treating physician: None Name of Treating Physician: Phone #: Street Address: City: _________________ State: _______________ Zip Code: _______________________ Mailing Address, if different: City: State: Zip Code: Email Address: Name of Caregiver: Phone #: Street Address: City: State: Zip Code: Mailing Address, if different: City: State: Zip Code: Email Address: 20. The following person is the legal representative for the respondent not otherwise designated above. (Representative payee, trustee, custodian of a trust, etc. § 15-14-102(6), C.R.S.) Name: Type of Legal Representative: Phone #: Email Address: Mailing Address: City: State: Zip Code: JDF 841SC R6/19 PETITION FOR APPOINTMENT OF GUARDIAN FOR ADULT Page 6 of 7 21. The guardian may receive compensation. The hourly rates to be charged, any amounts to be charged pursuant to a published fee schedule, including the rates and basis for charging fees for any extraordinary services, and any other bases upon which a fee charged to the estate will be calculated, are as stated below or in an attachment to this petition. * The basis of compensation has not yet been determined. * There is a continuing obligation to disclose any material changes to the basis for charging fees. (§ 15-10-602, C.R.S.) 22. The guardian may compensate his, her or its counsel. The hourly rates to be charged, any amounts to be charged pursuant to a published fee schedule, including the rates and basis for charging fees for any extraordinary services, and any other bases upon which a fee charged to the estate will be calculated, are as stated below or in an attachment to this petition. * The basis of compensation has not yet been determined. * There is a continuing obligation to disclose any material changes to the basis for charging fees. (§ 15-10-602, C.R.S.) 23. The respondent’s assets are: Description of Assets (e.g. bank accounts, insurance, pensions, property) None Estimated Value $ $ Total $ 24. The respondent’s income is: Description of Income (e.g. social security, pension) None Estimated Amount of Income $ $ Total $ 25. The petitioner requests that an appointment of a guardian be made after notice and hearing. In addition, the petitioner requests the following: JDF 841SC R6/19 PETITION FOR APPOINTMENT OF GUARDIAN FOR ADULT Page 7 of 7  By checking this box, I am acknowledging I am filling in the blanks and not changing anything else on the form.  By checking this box, I am acknowledging that I have made a change to the original content of this form. VERIFICATION I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct. Executed on the ______ day of Executed on the ______ day of (date) (date) _______________________, _________, _______________________, _________, (month) (year) (month) (year) at ______________________________________ at ______________________________________ (city or other location, and state OR country) (city or other location, and state OR country) ______________________________________ ______________________________________ (printed name) (printed name) ______________________________________ ______________________________________ (Signature of Petitioner) (Signature of Co-Petitioner, if any) ________________________________________ __________________ Attorney Signature, (if any) Date