Navigating the Temporary Guardianship in Colorado
Whether caring for a loved one experiencing a sudden health crisis or in the midst of a lengthy custody battle, temporary guardianship can be a vital legal tool to help families preserve their interests. In Colorado, this concept has specific ramifications.
In Colorado, temporary guardianship offers an expedited way to address pressing concerns for individuals in need and their loved ones. A temporary guardian in Colorado acts on behalf of the individual to make important decisions in the areas of health care, finances, or day-to-day management. Colorado’s Courts of Probate largely preside over the process and need to approve a temporary guardian. Typically, this appointment is requested through a petition filed in the county in which the individual resides.
This process can be tricky for families that are spread across great distances. For instance, guardianship can be important for an elderly loved one in one state, a military spouse deployed in another, or a child placed for adoption . The benefit of temporary guardianship in Colorado is that it often allows individuals "in-transit" to leverage legal power to help their loved one while the individual gets their affairs in order to make a more permanent solution.
In Colorado, as elsewhere, the need for temporary guardianship can arise unexpectedly. Due to a serious medical condition, a disability, imprisonment, or unexpected dangers in our ever-changing world, individuals may suddenly find themselves unable to fulfill the needs of their personal life or those of a dependent. Arrangements made previously can no longer be upheld, or there may be no contact information at all. In Colorado, the courts recognize these temporary needs.
Over time, a single day can dramatically change a family situation. Understanding all possible options is important. The Colorado temporary guardianship process provides a possible solution.
The Essentials of a Temporary Guardianship
The legal requirements for temporary guardianship are as follows:
- You must explain to the magistrate your need for the guardianship. Colorado law requires that you try to nominate a guardian for the respondent with a disabled adult’s spouse (if any). This part of the process can take a lot of time – and time is not on your side!
- Colorado law requires that a mental health professional, nurse or doctor examine the respondent with a disabled adult between 7 days and four days before you file the Temporary Guardianship form. You must attach this examination to the application you file with the Court.
- You must attach the proposed order from the doctor to the application form when you file the paperwork with the Court.
- You must explain to the magistrate how you will give notice of the guardianship to a spouse (if any), adult children, and siblings of the respondent with a disabled adult. Notice to an adult’s spouse, adult child or siblings of the respondent with a disabled adult may be given at least two days before the hearing on the appointment of the temporary guardian. The notice must state that the person receiving the notice has the right to attend the hearing.
- You must explain to the magistrate why it is necessary for you to serve the proposed order by mail.
Filling Out the Form: A Step-by-Step Approach
Filling out the Colorado temporary guardianship form requires a comprehensive understanding of each section and its requirements, as well as supporting documentation, to best protect the welfare of your children. Below, I walk you step by step through the process of completing the Colorado Form.
First, with regard to the "Parent/Legal Guardian" section, complete the legal names and addresses of the custodial parent or legal guardian and, if applicable, the other parent with legal notification of the guardianship. The "Children" lines are where you indicate who you are appointing a guardian for: Legal name, birthdate, age, address, school, and school location is included here for each child.
Next, under the "Guardian" section, include the same information as above, modified for the ability to differentiate the guardianship for each child. Here is where you will include the children’s names, in the order in which they appear on the Colorado temporary guardianship form.
At this point, it’s important to be advised that this form does not specify the difference between guardianship of the child or guardianship of the child’s estate, so pay special attention to what you are designating, and make sure that you appoint a legal guardian over the child or the child’s estate with regard to the specific property or properties over which you wish to have guardianship.
The "Time Period" section is an important one to understand, as many parents and legal guardians seek to complete the temporary guardianship form for an indefinite amount of time; however, Colorado law states that an indefinite period of time as specified in the law may not be granted. In fact, the law also indicates that the "time period for any initial guardian appointment … shall not be more than one year". As such, the form provides a resolution to this issue in two sections, partitioning the appointment into an initial appointment, with a box that can be checked to designate the appointment as initial or for an indefinite period of time. In the event that you do not check the box for an indefinite appointment, the form designates the initial appointment as the amount of time of 60 days. It is important to note that at the end of this temporary guardianship, a new guardianship application must be made in court, in order to obtain another guardianship over the child. The second portion of this section allows you to designate and additional time period in the event that the initial appointment is for a specific amount of time, as opposed to the indefinite appointment.
In the "Guardian’s Letter of Understanding" section, the "all in the same amount" box can be used in the event that you are dividing guardianship over your child’s property among individuals. It is helpful to break them down as such because the court clerk does not accept the form either by fax or real mail unless the forms are separated by the "item 8" headings. To have the form accepted, some clerks offices have also required that all of the forms be stapled together as well.
If you have appointed an unlimited guardianship over the child’s estate, this section is extremely important in that it allows you to include the guardian over the child’s estate as a "successor or alternate guardian" in the event that the named guardian cannot fulfill the designation.
This section is very important, and should be completed as soon as possible for both the parents and the appointed guardians, but also for the care providers, such as childcare services, dentist and physicians. It is also essential that the children’s school be notified of this guardianship, for the safety and convenience of the children. Each child’s teacher with need to know who is allowed to pick them up, as well as any other caretaking issues.
This last section of the Colorado temporary guardianship form is where you will appoint a guardian over the estate of each child, again separating each child’s estate.
Key Avoidable Errors
One of the most common pitfalls that applicants encounter is submitting incomplete information. When filling out the Colorado temporary guardianship form, all sections must be filled out. Providing as much detailed information as possible will help streamline the process. Make sure to double-check the form for any missing required elements.
Another prevalent issue is a lack of documentation. When applying for a temporary guardianship, legislation requires that the applicant submit supporting documentation that helps to substantiate the request. This could include medical reports, affidavits, or other relevant documents that support that an immediate appointment is necessary. It’s vital to be thorough in collecting and submitting all the required attachments.
Applicants should avoid waiting until the last minute to file the temporary guardianship papers. The process for approval can take time, and you want to ensure that you have ample room to accommodate any issues that might arise during processing. Filing early will allow you to address any potential problems before a critical deadline.
Another common error applicants make is notarization mishaps. As the applicant, you must have your signature on the form notarized. Failing to do so could lead to a denial of your application. Ensure that you visit a licensed notary not only for your signature but for the signature of the ‘ward,’ the individual that the guardianship is requested for. This verification step is crucial in the eyes of the court and can mean the difference between your form being accepted or rejected.
Lastly, be mindful of the court where you are submitting the form. Each jurisdiction may have its own unique procedures or additional requirements that must be met. Being informed about your local court system will help you to avoid unnecessary obstacles. Consulting with a family law attorney can also provide guidance through this process and make sure that you meet all specific requirements.
When it comes to protecting your loved ones, there is no room for error. Even the smallest mistake can impact your case. Take the time to carefully review each step and nuance of the Colorado temporary guardianship form submission and you will be happy with the outcome.
How to Submit the Temporary Guardianship Form
Once you have completed the Colorado temporary guardianship form and gathered the required supporting documents, you need to submit your application to the appropriate local district court for approval. You will know which court to file in by the county where both you and the child currently reside. Each county has a respective clerk’s office that will process the form and any additional documentation.
In addition to the completed form, certain fees may also be required to process the application. The amount and specifics vary by district court, so check with the court clerk to ensure you pay the correct amount. This may be paid by check or money order. If there is an issue with payment, the paperwork could be delayed.
After filing the application with the correct fee and proper records, the clerk will process the paperwork, and if everything is in order, the court will appoint a date for a hearing regarding guardianship . The court will notify each of the interested parties of the date and time of the hearing. It is important to keep in mind that you and the child’s parents, to whom you will be assigned legal guardianship, are not necessarily required to attend the hearing, though you can if you wish. If one or both parents object to the guardianship, however, then they will need to appear at the hearing, and the court may even require them to retain a lawyer.
A private agreement between you and the child’s parents is not sufficient to allow you to legally adopt the child. The Colorado guardianship form only grants temporary status. In order to become permanent guardians, you must go through the adoption process. If all parties agree, this is typically a simple procedure and relatively quick once adoption paperwork is filed.
What Happens Once You’ve Filed the Form?
After submitting the Colorado temporary guardianship form, a District Court Judge will review the application and determine whether to issue a temporary Order. The Order may be issued with or without a hearing. If a hearing is not requested and the Order is issued without a hearing, it is very important for the applicant to review the Order for accuracy. The Order must include the scope of the temporary guardianship and any limitations. There may also be specific powers being granted by the Court to the Guardian. If a hearing is requested, the applicant should determine if the hearing is in front of a Judge or a Magistrate, and prepare accordingly.
A creditor interested in the case must be given notice in order to make an appearance, object and/or testify at the hearing. Because of this, in cases where a hearing is requested and set, it is very likely the hearing date will be at least one month after filing the temporary Guardianship application.
Once the Order is issued, the accounting and spending rules found in the Colorado Uniform Prudent Investor Act (CUPIA) will apply. As such, the applicant as Guardian must account for his/her spending by preparing and filing an inventory. The inventory deadline is contained in the Order. The inventory must contain all property of the Incapacitated Person, and the estimated value of that property. A second inventory may be filed when the Court issues a Letter of guardianship. The Letter of Guardianship looks like a mini version of an official Court Order. It is filed in the Clerk and Recorder’s Office of the county in which the Incapacitated Person resides. This Letter tips off a third party that a Court Order appoints the temporary guardian as guardian for the Incapacitated Person.
It is important to note that the District Court has up to 180 days to issue the Order after the hearing. Some Courts have no trouble with a timely order, while there may not yet be a case law as to why the Order was not issued within the time limitation.
How to Avoid the Top Mistakes when filling out a temporary guardianship form
What happens after I file the guardianship request?
The expiration date on your temporary guardianship request will be observed and you will be notified after the paperwork has been submitted if there are any problems with it. If there are no problems, the order will be approved and you will be given a start date for your temporary guardianship.
How much will this cost me?
Normally, filing fees to open a temporary guardianship are $75.00. However, if you do not file the paperwork correctly, the court will likely require a hearing to address the filing errors, which could end up costing you as much as a few hundred dollars in court and legal fees to correct. If you require a temporary guardianship for a patient or family member at a facility, then your employees should be able to file the request on your behalf without any additional staffing costs.
What does the temporary guardianship cover?
A temporary guardianship covers decision-making rights for the protected person. The Colorado Guardianship Association has a great graphic that details exactly what a guardian can and cannot do for the protected person . If you are unsure about whether your surrogate decision-making rights extend to a certain matter, we recommend reading this infographic and contacting an attorney who specializes in guardianship issues for families and individuals with disabilities in Colorado. Temporary guardianship lasts no more than 364 days. However, temporary guardianship extends to 364 days upon filing for a permanent guardianship. After the permanent guardianship is decided, there is no maximum time limit on your guardianship. However, temporary guardianship extends until either the permanent guardianship hearing occurs, or until the temporary guardian is notified by the court that the guardianship request was denied.
What do I need to do when the protected person leaves the state?
It is very important that you notify the court that the protected person has left the state with enough time to give the court notice of this fact. You should wait to file for termination of the guardianship until the court has notified you that notice has been given.