Fill and Sign the Conservatorship Statute Crs 15 14 401 Colorado Department of Form

JDF 782 R 7/19 INSTRUCTIONS TO FILE A PETITION TO ACCEPT Page 1 of 4 INSTRUCTIONS TO FILE PETITION TO ACCEPT ADULT GUARDIANSHIP AND/OR CONSERVATORSHIP IN COLORADO FROM SENDING STATE These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to repr esent yourself, you are bound by the same rules and procedures as you would be if you were an attorney. GENERAL INFORMATION ◆ These instructions and forms accommodate a consensual, unopposed transfer of protective proceedings to Colorado from another sta te. Any Interested Person who objects to any aspect of these proceedings may file an objection and/or request an evidentiary hearing at any time. ◆ The Petition to Accept must have attached a certified copy of the provisional order of transfer from the sen ding state and certified copies of documents from the sending state that support your authority to act as the Guardian and/or C onservator . It is very important that you obtain this provisional order of transfer before filing a Petition to Accept in Colora do. The states participating can be located at the following link: http://www.nccusl.org/Update/uniformact_factsheets/uniformacts -fs-uagppja.asp ◆ The Petition to Transfer must be filed in the existing Guardianship or Conservatorship ◆ The Petition to Accept must be filed in the county where the Ward/ Protected Person is physically present in the State of Colorado or where the Ward/ Protected Person expects to mo ve perm anently within the State of Colorado . ◆ The Petition can be filed by the Guardian and/or Conservator . ◆ For additional information, please review §15 -14 .5-301 - 302 , C.R.S. ◆ If you have a disability and need a reasonable accommodation to access the courts , please contact your local ADA Coordinator. Contact information can be obtained from the following website: ◆ http://www.courts.state.co.us/Administration/HR/ADA/Coordin ator_List.cfm COMMON TERMS  Guardian: A person at least 21, resident or non -resident, who has qualified as a Guardian of a minor or incapacitated person based on an appointment by the Court.  Conservator: A person at least 21, resident or non -resident, who has been appointed to manage the financial affairs of another person.  Interested Persons: Persons identified by Colorado Law who must be given notice of a Guardianship and/or Conservatorship proceeding.  Letters: Formal notice identifying the authori ty of the Guardian and/or Conservator .  Legal Representative: Includes a representative payee, a Guardian or Conservator acting for a respondent, a trustee or custodian of a trust of custodianship of which the respondent is a beneficiary or an agent designa ted under a power of attorney.  Order: Official document identifying the authority of the Guardian and/or Conservator of his/her responsibilities during the Guardian ship and/or Conservatorship . If you do not understand this information, please contact an attorney. FEES A $ 201 .00 filing fee is required . If you are unable to pay, you must complete the Motion to File without Payment and Supporting Financial Affidavit (JDF 205) and submit it to the Court. Once you submit the completed JDF 205 form and a blank Order (JDF 206), the Court will decide whether you need to pay the filing fee. Other fees that a party to the case may encounter are: ❑ Certification of Orders $ 20 .00 ❑ Service Fees Varies ❑ Copy of Documents $ .75 p er page JDF 782 R 7/19 INSTRUCTIONS TO FILE A PETITION TO ACCEPT Page 2 of 4 FORMS To access a form online go to www.courts.state.co.us and click on the “Forms” tab. The packet/forms are available in PDF or WORD by selecting Guardian & Conservator - New Case - Accept Gua rd/Cons from Sending State. Read these instructions carefully to determine what forms you may need , as you may need all or some of the listed forms. Check with the Court where you plan to file your case to determine if they have any special requirements. ❑ JDF 7 12 Notice of Non -Appearance Hearing ❑ JDF 7 83 Petition Requesting Colorado to Accept Guardianship /Conservatorship from Sending State ❑ JDF 784 Provisional Order to Accept Guardianship /Conservatorship in Colorado from Sending State ❑ JDF 7 85 Final Order Accept ing Guardianship /Conservatorship in Colorado from Sending State ❑ JDF 805 Acceptance of Office ❑ JDF 849 Letters of Guardianship - Adult ❑ JDF 850 Guardian’s Report - Adult ❑ JDF 880 Letters of Conservatorship - Adult ❑ JDF 885 Conservator’s Report STEPS TO FILING YOUR CASE Step 1: Complete Forms . Before you complete any of the Colorado forms, it is important that you obtain a certified copy of a provisional order to transfer from the sending state. This Order provides notification to the Colorado Courts that the other state is aware of your intentions to transfer the Guardianship and/or Conservatorship to Colorado and is the first step to t his process . Selecting these instructions indicates that you are seeking to have the Colorado Court accept a transfer of a Guardianship and/or C onservatorship from another/sending state. The caption below needs to be completed on all forms filed. Make s ure that you make a copy for your own records of all of the forms you file with the Court. District Court Denver Probate Court __________________________________ County, Colorado Court Address: ▲ COURT USE ONLY ▲ In the Interest of : Ward/ Protected Person Attorney or Party Without Attorney (Name and Address): Phone Number: Email: FAX Number: Atty. Reg. #: Case Number: Division: Courtroom: NAME OF FORM ❑ Petition Requesting Colorado to Accept Guardian ship /Conservatorship from Sending State (JDF 783 ) ❑ The Petitioner must complete all applicable sections on the form. ❑ Attach to the Petition, a certified copy of a provisional order to transfer from the sending state. ❑ Attach Order of Appointment from sending state. ❑ Attach certified copies of Letters or documents supporting your authority from sending state. ❑ Provisional Order to Accept Guardianship /Conservatorship in Colorado from Sending State (JDF 784) JDF 782 R 7/19 INSTRUCTIONS TO FILE A PETITION TO ACCEPT Page 3 of 4 ❑ Complete only the caption on the form. ❑ The Court will complete the remainder of the form and sign it following review of the documents filed and any objections filed. ❑ Notice of Non -Appearance Hearing (JDF 712) ❑ Complete the Notice portion of the form. ❑ Complete the Certificate of Service portion on JDF 712 , listing the Ward/Protected Person and names and addresses of all interested persons listed on the Petition to Tran sfer and Proposed Provisional Order Re: Petition to Transfer and the date you will mail the documents. ❑ Check the list below to determine the “ Interested Persons” applicable to your circumstances. 1. The spouse of the Ward/Protected Person, if married. 2. Th e partner of the W ard/Protected Person in a civil union, if the civil union has not been dissolved. 3. The parents of the W ard/Protected Person, if any. 4. The adult children of the Ward/Protected Person, if any. 5. Any Guardian or Conservator currently acting fo r the Ward/Protected Person. 6. Any person who has care and custody of the Ward/Protected Person, including the W ard/Protected Person’s treating physician. 7. Any adult with whom the Ward/Protected Person has resided for more than six months within one year bef ore the filing of the Petition . (§15 -14 -304(2)(b)(I)(A) 8. Any adult relative nearest of kin, if there is no spouse, partner in a civil union, parent, or adult children. 9. Any legal representative of the Ward/Protected Person. 10. Any nominated person by the Ward/ Protected Person. Step 2: File your Documents w ith the Court. Provide the Court with the documents completed as described in Step 1 above and pay the filing fee of $ 201 .00 . The Court will issue a case number and will enter such on the documents. St ep 3: Mail JDF 712 – Notice of Non -Appearance Hearing . ❑ Mail JDF 712 and all completed documents filed with the Court to all interested persons that you are required to notify regarding the Petition to Accept Guardianship and/or Conservatorship. Step 4: Non -Appearance Hearing . You have completed the forms and are requesting that this matter be set on the non -appearance docket, parties are not required or expected to appear . The Court will review the documents and any objections filed. ❑ If the Court a pproves the Petition to Accept , the Court will complete the proposed Provisional Order to Accept Guardianship and/or Conservatorship - JDF 784 . ❑ You will need a certified cop y of the Provisional Order to Accept to file with the other state. ❑ Copies of the Provisional Order to Accept must be provided to the Ward/Protected Person and all interested persons . Upon receipt of the Provisional Order to Accept iss ued by the Colorado Court , it is the responsibility of the Guardian and/ or Conservator to file the P rovisional Order to Accept issued by the Colorado Court and to file the appropriate documents to terminate the guardianship/conservatorship with the other state. The other state may not issue a Final Order Confirming the Transfer to Colorado , until such do cuments are filed. Step 5: Finalize Process to Accept Petition . Once you have a Final Order to Transfer from the sending state , you can file the Final Order Accept ing Guardianship and/or Conservatorship with the Colorado Court, along with the other do cuments listed below. JDF 782 R 7/19 INSTRUCTIONS TO FILE A PETITION TO ACCEPT Page 4 of 4 ❑ Final Order Accept ing Guardianship /Conservatorship in Colorado from Sending State (JDF 785). ❑ Complete caption only on the form. ❑ The Court will complete the remainder of the form and sign it following the appointment of the Guardian and/or Conservator . ❑ Acceptance of Office ( JDF 805 ). ❑ Complete all applicable sections on the form and attach the name -based criminal history check and current credit report for the proposed guardian and/or conservator . ❑ Attach a legible copy of the pr oposed guardian’s and/or conservator’s driver’s license, passport or other government -issued identification. ❑ Obtain and attach a name -based criminal history record check from Colorado Bureau of Investigation (CBI). To obtain a name -based criminal history c heck , contact CBI at 690 Kipling Street Denver, CO 80215, (303) 239 -4300, or at www.cbi.state.co.us and click on CBI Records Check. ❑ Obtain a current credit report of the nominee. Below are a few credit reporting agencies:  Equifax, Inc., P.O. Box 740241, Atlanta, GA 30374, 1 -800 -685 -1111, or at www.equifax.com  Experian, P.O. Box 2002, Allen, TX 75013, 1 -888 -397 -3742, or at www.experian .com  TransUnion, P.O. Box 2000, Chester, PA 19022, 1 -800 -916 -8800, or at www.transunion.com ❑ Redact “strike -out” all social security numbers identified on the credit report. If account numbers are identified, onl y reflect the last 4 numbers of bank, credit card accounts, etc. ❑ Th e cost for all criminal history checks and credit reports must be paid by the proposed guardian and/or conservator . ❑ Th e proposed guardian and/or conservator must sign the Acceptance of Off ice in the presence of a Court Clerk or Notary Public. ❑ Letters of Guardianship – Adult (JDF 849) and/or Letters of Conservatorship – Adult (JDF 880) . ❑ Complete only the caption on the form. ❑ The Court will complete the remainder of the form and may sign it following the appointment of the Guardian and/or Conservator . Step 6: Requirements AFTER the Colorado Court Accepts Guardian and/or Conservator . ❑ Refer to the Final Order Accept ing Guardianship /Conservatorship in Colorado - JDF 785 to determine wh at is required to be filed in Colorado. ❑ Annual reports may be required to report to the Court and interested persons the well being of the Protected Person. The reports must be provided to the persons listed in the Final Order. ❑ The Ward/ Protected Person may n ot move outside the State of Colorado without an Order from the Court. The responsibilities of the Conservator continue until the Court terminates the conservatorship. The Court may terminate the conservatorship if the Protected Person no longer meets the standard for establishing the Conservatorship. Resignation of a Conservator does not terminate the conservatorship until approved by the Court. The responsibilities of the Guardian terminate upon the death of the Ward or upon order of the Court. The Court may terminate the Guardianship if the Ward no longer meets the standard for establishing the Guardianship.