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DISTRICT COURT PROBATE MAGISTRATE DIVISION -W- FOURTH JUDICIAL DISTRICT

**Please utilize this Order as a checklist. If you have already filed the appropriate document that applies to your case, then check it off of the list below. If you are a self-represented petitioner, then you must first attend your Initial Status Conference before setting for hearing.**

Guardianship & Conservatorship for a Minor - Amended July 1, 2015

The Court requires the following paperwork be filed before setting a hearing, except where noted otherwise:

Guardianship:

❑ JDF 824 Petition for Appointment of Guardian – Minor

❑ JDF 830 Letters of Guardianship – Minor (not needed if filing party is not an attorney)

❑ JDF 827 Order Appointing Guardian – Minor (not needed if filing party is not an attorney)

❑ JDF 805 Acceptance of Office

a) Attach a legible copy of the proposed guardian’s driver’s license, passport or other government-issued identification.

b) A name-based criminal history record check from the Colorado Bureau of Investigation (CBI) and a current credit report of the proposed guardian.

c) The costs for all criminal history checks and credit reports must be paid by the proposed guardian.

d) The proposed guardian must sign the Acceptance of Office in the presence of a Court Clerk or Notary Public.

❑ JDF 721 Irrevocable Power of Attorney, if applicable

a) This form is required only if the proposed guardian lives out-of-state.

b) The proposed out-of-state guardian must complete this form and sign it before a Court Clerk or Notary Public.

❑ JDF 714 Affidavit Regarding Due Diligence and Proof of Publication, if applicable

a) Required if you do not have a current address for either parent, or if the father’s identity is not known and cannot be ascertained with reasonable diligence.

b) The affidavit should include all attempts to locate the parent such as; searching the Internet, contacting prior employers, friends, etc. to locate a current address.

❑ JDF 825 Consent of Parent

a) The Minor’s parent may, but is not required to, consent to the appointment by completing JDF 825.

b) If the parent signs this form, it must be signed in the presence of a Court Clerk or Notary Public.

❑ JDF 826 Consent or Nomination of Minor

a) The Minor who is the subject of the appointment, if 12 years of age or older, has the right to consent or refuse to consent to an appointment of a guardian. JDF 826 can be completed by the Minor to indicate his/her consent to or refusal of the appointment. The Court will take into account the Minor’s wishes, but refusal to consent does not guarantee that the Court will not appoint the proposed guardian.

b) If the Minor signs this form, it must be signed in the presence of a Court Clerk or Notary Public.

❑ JDF 710 Notice to Set Hearing

a) Division W’s settings are done by phone on Tuesdays and Thursdays at 8:30 AM with at least ten (10) days prior notice to the setting day selected.

b) The setting clerk can be contacted at (719) 452-5003.

Conservatorship:

❑ JDF 861 Petition for Appointment of Conservator for minor

❑ JDF 863 Letters of Conservatorship - Minor (not needed if filing party is not an attorney)

❑ JDF 862 Order Appointing Conservator for Minor (not needed if filing party is not an attorney)

❑ JDF 805 Acceptance of Office

a) Attach a legible copy of the proposed guardian’s driver’s license, passport or other government-issued identification.

b) A name-based criminal history record check from the Colorado Bureau of Investigation (CBI) and a current credit report of the proposed conservator.

c) The costs for all criminal history checks and credit reports must be paid by the proposed conservator.

d) The proposed conservator must sign the Acceptance of Office in the presence of a Court Clerk or Notary Public.

❑ JDF 721 Irrevocable Power of Attorney, if applicable

a) This form is required only if the proposed conservator lives out-of-state.

b) The proposed out-of-state conservator must complete this form and sign it before a Court Clerk or Notary Public.

❑ JDF 714 Affidavit Regarding Due Diligence and Proof of Publication, if applicable

a) If you do not have a current address for a parent.

b) The affidavit should include all attempts to locate the parent such as; searching the Internet, contacting prior employers, friends, etc. to locate a current address.

❑ JDF 710 Notice to Set Hearing

a) Division W’s settings are done by phone on Tuesdays and Thursdays at 8:30 AM with at least ten (10) days prior notice to the setting day selected.

b) The setting clerk can be contacted at (719) 452-5003.

The Court may appoint a Guardian ad Litem (GAL) to investigate and report back to the Court, for the purpose of determining if the Guardianship/Conservatorship is in the best interest of the Minor.

If a GAL is appointed you will be required to submit Form JDF 208 Application for Public Defender, Court-Appointed Counsel or Guardian Ad Litem. The Court will make a ruling on this form regarding indigency. If the Court GRANTS this form the State of Colorado will pay for the costs associated with the appointment of the GAL. If the Court DENIES this form the Petitioner or Respondent may be required to pay the hourly fee of the GAL.

If the Respondent does not speak or understand English, or is hearing impaired – need for interpreter:

1. In accordance with Chief Justice Directive 06-03 where language interpreter needed

a) A party in interest (e.g. petitioner, respondent) is entitled to the presence of a certified/qualified language interpreter to translate the proceedings for the party in interest if that party has limited English proficiency (limited ability to speak, read or write in English). Such interpreter shall be at state expense if necessary.

b) As to other persons participating in the proceeding, the provision of an interpreter is at the discretion of the Court.

c) If an interpreter is needed for the hearing, please notify the Court’s staff as soon as possible to avoid the hearing needing to be re-scheduled.

2. In accordance with C.R.S. § 13-90-201 et seq., where sign language interpreter is needed

a) A party in interest (e.g. petitioner, respondent) is entitled to the presence of a qualified sign language interpreter or assistive listening device if the party is deaf or hard of hearing. Such interpreter or device shall be at state expense if necessary.

b) If an interpreter or assistive device is necessary for the hearing, please notify the Court’s staff as soon as possible to avoid the hearing needing to be re-scheduled.

3. THE COURT IS NOT PERMITTED TO ALLOW FAMILY MEMBERS OR FRIENDS TO PROVIDE INTERPRETATION SERVICES TO THE INTERESTED PARTY. State and federal law require that qualified/professional services be utilized where needed by an interested party.

Once a hearing is set you must complete and file the following prior to your hearing date:

❑ JDF 807 Notice of Hearing to Respondent (Adult or Minor)

a) You must assure personal service of minors age 12 or older for conservator petitions at least 14 days prior to the hearing.

b) Make 1 copy of the completed documents. (Note - Always retain the original for use by the Court.)

c) Take the original and a copy of the completed Notice of Hearing to Respondent and Personal Service Affidavit (JDF 807) and a copy of your Petition for Appointment of Guardian and/or Conservator to the sheriff’s office, a private process server, a bank, or anyone over the age of eighteen and not involved in the case to complete personal service on the Respondent.

d) A copy of the Notice of Hearing to Respondent and Personal Service Affidavit (JDF 807) and a copy of your Petition for Appointment of Guardian/Conservator must be personally served to the Respondent by the process server. Both the process server and a notary will need to complete the Personal Service Affidavit portion on the original Notice of Hearing to Respondent and Personal Service Affidavit (JDF 807).

e) Be sure to direct the process server to return the original Notice of Hearing to Respondent and Personal Service Affidavit (JDF 807) to you.

f) You should then file the original Notice of Hearing to Respondent and Personal Service Affidavit (JDF 807) before to your hearing date.

❑ JDF 806 Notice of Hearing to Interested Persons

a) You may need to make several copies of the completed document depending on the number of interested persons you are required by law to notify of the proposed guardianship. Check the list below to determine who is an interested person to your case that must receive notice of your hearing.

b) Complete the Notice of Hearing to Interested Persons (JDF 806). Be sure to complete the Certificate of Service on bottom of the Notice of Hearing to Interested Persons (JDF 806) by listing the names and addresses of all interested persons you will be notifying.

c) Make 1 copy of the Notice of Hearing to Interested Persons (JDF 806) for each interested person you have listed on your Certificate of Service and mail, hand deliver or email a copy to them at least 10 days before the hearing. (Note – Always retain the original for use by the Court.)

d) You should then file the original Notice of Hearing to Interested Persons (JDF 806) before your hearing date.

❑ JDF 716 Notice of Hearing by Publication

a) If you do not have a current address for the parents, or if the identity is not known and cannot be ascertained with reasonable diligence (e.g. an unknown father), you MUST publish the notice of hearing in the newspaper.

b) Select a publication which is distributed throughout El Paso County and bring a copy of the Notice of Hearing by Publication.

c) The notice must be published once a week for three consecutive weeks, with the last date of publication being at least 14 days before the hearing date.

d) (Note: Always keep the original documents to file with the Probate Court).

e) The Publication will provide you with a Notarized Affidavit of Publication or Proof of Publication.

f) You must file the Affidavit prior to your hearing date.

g) The Court can and may order additional procedures to assure that proper notice is provided to a parent or other interested person.

Interested persons may include:

• The biological and/or adopted parents of the Minor, if any.

• Any Guardian or Conservator currently acting for the Minor.

• Any adult with whom the Respondent has resided for more than six months within one year before the filing of the Petition. C.R.S. §15-14-304(2)(b)(I)(A)

• Any adult relative nearest of kin, if there is no spouse or parent.

• Any legal representative of the Minor.

• Any person nominated as guardian by the Minor.

After the hearing is held you must submit the following documents:

❑ JDF 800 Acknowledgment of Responsibilities

a) Letters of Appointment will not be issued until this form is submitted.

❑ JDF 812 Notice of Appointment of Guardian and/or Conservator

a) The purpose of this form is to notify the Minor and persons given notice of the Petition that they have the right to request termination or modification of the Guardianship/Conservatorship.

( There may be other documents required by the Court. You will be provided with further Orders (if any) in court.

Please notice: In a Guardianship the Minor may not be moved outside the State of Colorado

without an Order from the Court.

After filing an emergency petition:

NOTE: If an emergency petition is submitted to the Court the movant/petitioner shall contact the division clerk(s) at (719) 452-5396 or (719) 452-539 immediately upon the filing of the emergency petition if the movant/petitioner desires an emergency hearing; the Court will not automatically set an emergency hearing , grant the request, nor initiate contact. The clerk will inform the Magistrate of the request for emergency hearing, and the Court will determine whether to set an emergency hearing.  If an emergency hearing is not desired, the procedure laid out in the above Case Management Order (CMO) as to all non-emergency cases shall be followed (no emergency appointments will be made without a hearing).

Honorable Frances R. Johnson

District Court Magistrate

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