Petition For Appointment Of Guardian For Minor

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 Minor 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 Minor

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

• This form pertains to the State of Colorado

• The current version of this form was last revised on June 1, 2021

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 824 SC - Petition For Appointment Of Guardian For Minor 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 824 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 824 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 824 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 Minor 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 824 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 824 SC, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Appointment Of Guardian For Minor 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 824 SC - Petition For Appointment Of Guardian For Minor 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 Minor 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 824 SC - Petition For Appointment Of Guardian For Minor. You can use this to get an idea of the context of the form and what type of information is needed.

JDF 824SC R6/21 PETITION FOR APPOINTMENT OF GUARDIAN FOR MINOR Page 1 of 6 qDistrict Court qDenver Probate Court ___________________ County, Colorado Court Address: In the Interest of: Minor 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 MINOR 1. qNo court proceeding is pending in this state or elsewhere concerning the respondent. Or qThe following proceeding(s) concern(s) the respondent. Identify name of court, case number, state, date, and type of proceeding if any. 2. Regarding the Indian Child Welfare Act (ICWA): qI am aware of the child or child’s relatives having American Indian/Native American or Alaska Native ancestry. Name of tribe(s) NOTE: If you checked that you are aware of the child or child’s relatives having any American Indian/Native American or Alaska Native ancestry, you must complete and file with the court, JDF 1350 – Indian Child Welfare Act (ICWA) Assessment Form. qI am not aware of the child or child’s relatives having any American Indian/Native American or Alaska Native ancestry. 3. The petitioner is: qa person interested in the welfare of the minor. or qthe minor and is 12 years of age or older. This is a petition for appointment of a(n): qGuardian. (NOTE: The appointment will expire on the minor’s 18 th birthday, unless otherwise ordered by the court.) qGuardian with a request for findings establishing the Minor’s eligibility for classification as a special immigrant juvenile under federal law pursuant to § 15-14-204(2.5)(b), C.R.S. (NOTE: The appointment will expire on the minor’s 21 st birthday, unless otherwise ordered by the court.) qTemporary Guardian (not to exceed 6months). (§ 15-14-204(4), C.R.S.) qEmergency Guardian (not to exceed 60 days). (§ 15-14-204(5), C.R.S.) Name of Court Case Number State Date of Proceeding Type of Proceeding JDF 824SC R6/21 PETITION FOR APPOINTMENT OF GUARDIAN FOR MINOR Page 2 of 6 4. Information about the petitioner: Name: List all names used (also known as, formerly known as, etc.): ________________________________________________________ Relationship to minor: 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? qNo qYes (Language: _____________________________) 5. Information about the minor: Name: Current age: Date of Birth: Street Address: City: State: Zip Code: Mailing Address, if different: City: State: Zip Code: Primary Phone: Alternate Phone: Email Address: Does the minor need an interpreter? qNo qYes (Language______________________________) 6. Information about the parents: Parent's Name: qDeceased qUnknown (attach Birth Certificate) 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? qNo qYes (Language: _____________________________) Parent’s Name: qDeceased qUnknown (attach Birth Certificate) 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? qNo qYes (Language: ______________________________) JDF 824SC R6/21 PETITION FOR APPOINTMENT OF GUARDIAN FOR MINOR Page 3 of 6 7. The parent or guardian qhas nominated qhas not nominated a guardian by will or other writing. (Attach copy of document, if applicable.) 8. Venue for this proceeding is proper in this county because the minor: qresides in this county. qis present in this county at the time the proceeding is commenced. 9. The best interest of the minor will be served by the appointment of a guardian. 10. The minor is unmarried and: qthe parent(s) consent(s) to the appointment of a guardian. (Attach Consent of Parent - JDF 825). qall parental rights have been terminated by qprior court order. (Attach a copy of the court order to this petition.) qdeath. (If available, attach a copy of the death certificate to this petition.) qparents are unwilling or unable to exercise their parental rights. (Briefly explain.) qguardianship has previously been granted to a third party who has died or become incapacitated and the guardian has not appointed a successor guardian by will or written instrument. (Describe and attach order or any relevant documents.) 11. qPetitioner is 21 years of age or older, nominates himself or herself and requests to be appointed as guardian. or qPetitioner nominates the following person, who is 21 years of age or older, to be appointed as guardian. (§15- 14-206, C.R.S.) Name: List all names used (also known as, formerly known as, etc.): __________________________________________ Relationship to Minor: 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? qNo qYes (Language: ______________________________) 12. qThe minor, who is 12 years of age or older, has nominated a guardian. (Attach Consent or Nomination of Minor - JDF 826). JDF 824SC R6/21 PETITION FOR APPOINTMENT OF GUARDIAN FOR MINOR Page 4 of 6 13. qIt is necessary to appoint a temporary guardian (may not exceed six months) for the minor until a hearing can be held on this petition because an immediate need exists, and the appointment of a temporary guardian is in the best interest of the minor. (§15-14-204(4), C.R.S.) (Describe the immediate need.) 14. qIt is necessary to appoint an emergency guardian (may not exceed 60 days) for the minor, because of the likelihood of substantial harm to the minor’s health or safety, an emergency exists and no other person appears to have authority to act in the circumstances. (§ 15-14-204(5) C.R.S.) (Describe the nature of the emergency.) 15. The following person had the primary care and custody of the minor during the 60 days prior to the filing of this petition: Name: Relationship to Minor: Street Address: City: ___________ State: ____________ Zip Code: __________________ Mailing Address, if different: City: State: Zip Code: Primary Phone: Alternate Phone: Email Address: Dates of Care: Does this person need an interpreter? qNo qYes (Language: ______________________________) 16. qThe parents are both deceased. The following person is the adult relative nearest in kinship that can be found: Name: Relationship to Minor: Street Address: JDF 824SC R6/21 PETITION FOR APPOINTMENT OF GUARDIAN FOR MINOR Page 5 of 6 City: ____________ State: ___________ Zip Code: ___________________ Mailing Address, if different: City: State: Zip Code: Primary phone: Alternate phone: Email Address: Does Petitioner need an interpreter? qNo qYes (Language: ______________________________) 17. qThe following person is currently acting as guardian or conservator for the minor in Colorado or elsewhere: Name: Relationship to Minor: 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? qNo qYes (Language: ______________________________) 18. The guardian may receive compensation. qThe 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. * qThe 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.) 19. Counsel for the guardian may be compensated. qThe 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. * qThe 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.) 20. The minor’s assets are: JDF 824SC R6/21 PETITION FOR APPOINTMENT OF GUARDIAN FOR MINOR Page 6 of 6 Description of Assets (e.g. bank accounts, property) qNone Estimated Value $ $ Total $ 21. The minor’s income is: Description of Income (e.g. social security, insurance) qNone Estimated Amount of Income $ $ Total $ 22. The petitioner requests that an appointment of a guardian be made after notice and hearing. qIn addition, petitioner requests the following: q By checking this box, I am acknowledging I am filling in the blanks and not changing anything else on the form. q 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