Colorado
Colorado Guardianship Laws: Minors, Adults and Conservators (2026)
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In Colorado, a court may appoint a guardian to make personal decisions for a minor or for an "incapacitated person," and a conservator to manage a "protected person's" property, under the Colorado Uniform Guardianship and Protective Proceedings Act, parts 1 to 4 of article 14 of Title 15 (C.R.S. § 15-14-101). For an adult, the court may appoint a limited or unlimited guardian only if it finds by clear and convincing evidence that the person is an incapacitated person and that the person's identified needs cannot be met by less restrictive means, including appropriate and reasonably available technological assistance (C.R.S. § 15-14-311(1)(a)).
Colorado uses the familiar split: a guardian for the person and a conservator for the estate. Both must be at least 21 (§ 15-14-102(2), (4)). The court's investigator in an adult case is called the "visitor." Colorado also has a statute for supported decision-making agreements, a 12-month parental power of attorney, and a statutory Guardianship Bill of Rights for adults under guardianship, added by HB26-1100 in 2026. For how other states handle these questions, see our guardianship laws by state overview.
Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Colorado state law on guardianship of minors and adults and on conservatorship in C.R.S. Title 15, article 14, parts 1 to 4, the supported decision-making statute in part 8, the Guardianship Bill of Rights added by HB26-1100, the health-care proxy statute, and the interstate act in article 14.5. It does not cover custody disputes between parents (see Colorado child custody laws), grandparent visitation (see Colorado grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Colorado probate), or civil commitment. Guardianship of a child in a Children's Code case under Title 19 runs through the juvenile court and is a separate track.
Colorado guardianship terms and where the law lives
Part 2 of article 14 covers guardians of minors, part 3 covers guardians of incapacitated persons, part 4 covers conservators and other protective arrangements, and part 8 covers supported decision-making agreements. For adults, article 14.5 (the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act) governs jurisdiction and supersedes the general jurisdiction rule in § 15-14-106(1) (§ 15-14-106(2)).
The adult definition reads:
"Incapacitated person" means an individual other than a minor, who is unable to effectively receive or evaluate information or both or make or communicate decisions to such an extent that the individual lacks the ability to satisfy essential requirements for physical health, safety, or self-care, even with appropriate and reasonably available technological assistance.
C.R.S. § 15-14-102(5)
| Term | What it means in Colorado | Source |
|---|---|---|
| Guardian | An individual at least 21 who has qualified as a guardian of a minor or incapacitated person by appointment by a parent or the court; includes limited, emergency and temporary substitute guardians, but not a guardian ad litem | C.R.S. § 15-14-102(4) |
| Conservator | A person at least 21 appointed by a court to manage the estate of a protected person | C.R.S. § 15-14-102(2) |
| Visitor | The court's appointee in every adult guardianship petition | C.R.S. § 15-14-305(1) |
| Supported decision-making agreement | A voluntary agreement between an adult with a disability and members of the adult's supportive community | C.R.S. § 15-14-803(1) |
| Office of Public Guardianship | A Judicial Department office serving indigent and incapacitated adults | C.R.S. § 13-94-101 et seq. |
How to get guardianship of a child in Colorado
A grandparent or other relative seeking legal authority over a child petitions the court under part 2. The court may appoint a guardian for a minor only on these findings:

(2) The court may appoint a guardian for a minor if the court finds the appointment is in the minor's best interest, and: (a) The parents consent; (b) All parental rights have been terminated; (c) The parents are unwilling or unable to exercise their parental rights; or (d) Guardianship of a child has previously been granted to a third party and the third party has subsequently died or become incapacitated and the guardian has not made an appointment of a guardian either by will or written instrument; however, the court shall not presume it is in the best interests of a child to be in the care of a parent in circumstances where a court has previously granted custody of a child to a third party.
When the parents do not consent and their rights have not been terminated, the question under paragraph (c) is whether they are unwilling or unable to exercise their parental rights, in addition to the best-interest finding. A separate special-immigrant-juvenile guardianship path in § 15-14-204(2.5) treats a person under 21 as a minor.
Notice. After a petition is filed, the court schedules a hearing, and the petitioner must give notice of the hearing and a copy of the petition to, among others, "The minor, if the minor has attained twelve years of age and is not the petitioner," any person "alleged to have had the primary care and custody of the minor during the sixty days before the filing of the petition," and "Each living parent of the minor or, if there is none, the adult nearest in kinship that can be found" (§ 15-14-205(1)).
A lawyer for the child. If the court determines at any stage that the child's interests are or may be inadequately represented, "it may appoint a lawyer to represent the minor, giving consideration to the choice of the minor if the minor has attained twelve years of age" (§ 15-14-205(3)).
The child's own choice. "The court shall appoint a guardian nominated by the minor, if the minor has attained twelve years of age, unless the court finds the appointment will be contrary to the best interest of the minor" (§ 15-14-206(1)).
What the guardian may decide. "Except as otherwise limited by the court, a guardian of a minor ward has the powers of a parent regarding the ward's support, care, education, health, and welfare" (§ 15-14-208(1)). The guardian may take custody of the child and set where the child lives, but may establish or move the child's dwelling outside Colorado only on express court authorization; may consent to medical or other care; and may consent to the child's marriage. The court may separately authorize the guardian to consent to the child's adoption (§ 15-14-208(2), (3)).
Temporary and emergency guardians of a child. A court may appoint a temporary guardian of a minor on a showing of immediate need and best interest, with notice to the parents and to a child 12 or older (§ 15-14-204(4)); unless the court orders otherwise the temporary guardian has the authority of an unlimited guardian, "but the duration of the temporary guardianship may not exceed six months" (§ 15-14-204(4)). If following the part 2 procedures "will likely result in substantial harm to a minor's health or safety and that no other person appears to have authority to act in the circumstances," the court may appoint an emergency guardian, whose authority "may not exceed sixty days" (§ 15-14-204(5)). If the emergency guardian is appointed without notice, notice of the appointment must be given within 48 hours and a hearing on the appropriateness of the appointment held within five days (§ 15-14-204(5)).
When it ends. "A guardianship of a minor terminates upon the minor's death, adoption, emancipation, or attainment of majority or as ordered by the court," except that a special-immigrant-juvenile guardianship under § 15-14-204(2.5) does not end based on age until 21 (§ 15-14-210(1)).
Not a custody case. Disputes between parents over parental responsibilities are a separate body of law; see Colorado child custody laws.
Can a parent name a guardian in a will in Colorado?
Yes, by will or by another signed writing. Section 15-14-202 provides:
(1) A guardian may be appointed by will or other signed writing by a parent for any minor child the parent has or may have in the future. ... (3) Subject to section 15-14-203, the appointment of a guardian becomes effective upon the death of the appointing parent or guardian, an adjudication that the parent or guardian is an incapacitated person, or a written determination by a physician who has examined the parent or guardian that the parent or guardian is no longer able to care for the child, whichever occurs first. (4) The guardian becomes eligible to act upon the filing of an acceptance of appointment, which must be filed within thirty days after the guardian's appointment becomes effective.
C.R.S. § 15-14-202
A parent's appointment "does not supersede the parental rights of either parent"; if both parents have died or been adjudged incapacitated, the appointment by the last of them has priority (§ 15-14-202(7)). Unless the court has already approved the appointment, the appointee must petition the court for confirmation within 30 days after filing the notice and the appointing instrument (§ 15-14-202(6)), and the appointee's authority ends when the court appoints a guardian or when the appointee is given written notice that an objection has been filed or that a child 12 or older has refused consent (§ 15-14-202(9)). If the child does not consent, the court appoints a guardian under § 15-14-204; the court may also treat an objection or a refusal as a petition for an emergency or temporary guardian under that section (§ 15-14-203(1), (2)).
Objections. Before the court confirms an appointee under § 15-14-202, "the other parent, or a person other than a parent or guardian having care or custody of the minor may prevent or terminate the appointment at any time by filing a written objection" (§ 15-14-203(1)). A minor who has reached 12 "has the right to consent or refuse to consent to an appointment of a guardian" (§ 15-14-203(2)).
Planning ahead: advance confirmation instead of a standby guardian
Colorado's act has no section titled "standby guardian." Its closest tool is advance confirmation of a parent's appointment. "Upon petition of an appointing parent or guardian and a finding that the appointing parent or guardian will likely become unable to care for the child within two years, and after notice as provided in section 15-14-205 (1), the court, before the appointment becomes effective, may confirm the selection of a guardian" (§ 15-14-202(2)). The trigger is a finding that the parent will likely become unable to care for the child within two years; the appointment itself still takes effect only on one of the events in § 15-14-202(3), and the guardian must file an acceptance within 30 days after that.
Letting a relative care for a child without going to court
A parent or guardian of a minor or incapacitated person, by a power of attorney, may delegate to another person, for a period not exceeding twelve months, any power regarding care, custody, or property of the minor or ward, except the power to consent to marriage or adoption.
C.R.S. § 15-14-105
The limits are in the text: no more than 12 months, and no delegation of the power to consent to marriage or adoption. A delegation is a private document, not a court appointment. The same section lets the guardian of an incapacitated adult delegate powers within the same limits. Any school-enrollment or medical-consent rules in other Colorado titles, such as the education code, are outside the scope of this page.
How to become guardian of an adult in Colorado
The petition
"An individual or a person interested in the individual's welfare may petition for a determination of incapacity, in whole or in part, and for the appointment of a limited or unlimited guardian for the individual" (§ 15-14-304(1)). The petition must state, among other things, "The reason why guardianship is necessary, including a brief description of the nature and extent of the respondent's alleged incapacity" and, "If an unlimited guardianship is requested, the reason why limited guardianship is inappropriate and, if a limited guardianship is requested, the powers to be granted to the limited guardian" (§ 15-14-304(2)(g), (h)).
Personal service and notice
A copy of a petition for guardianship and notice of the hearing on the petition must be served personally on the respondent. The notice must include a statement that the respondent must be physically present unless excused by the court, inform the respondent of the respondent's rights at the hearing, and include a description of the nature, purpose, and consequences of an appointment. A failure to serve the respondent with a notice substantially complying with this subsection (1) is jurisdictional and thus precludes the court from granting the petition.
C.R.S. § 15-14-309(1)
Unless the court orders otherwise for good cause, the act's general notice section requires notice under the Colorado rules of probate procedure "at least fourteen days before the hearing" (§ 15-14-113(1)).
The visitor, a lawyer and an evaluation
When a guardianship petition is filed, "the court shall set a date and time for hearing the petition and appoint a visitor" (§ 15-14-305(1)). The visitor interviews the respondent in person, the petitioner and the proposed guardian, visits the respondent's home, gathers information from treating professionals, and files a report that includes whether less restrictive means are available (§ 15-14-305(3)-(5)).
(2) The court shall appoint a lawyer to represent the respondent in the proceeding if: (a) Requested by the respondent; (b) Recommended by the visitor; or (c) The court determines that the respondent needs representation.
Costs and attorney fees are paid from the respondent's estate unless the court directs otherwise (§ 15-14-305(3)). The court "may order a professional evaluation of the respondent and shall order the evaluation if the respondent so demands" (§ 15-14-306(1)).
The hearing
"The respondent shall attend the hearing, unless excused by the court for good cause." The respondent may present evidence and subpoena witnesses and documents, examine witnesses including any court-appointed evaluator and the visitor, and otherwise participate. The hearing may be closed on the respondent's request or a showing of good cause, "except that the hearing may not be closed over the objection of the respondent" (§ 15-14-308(1)).
What the court must find
(1) The court may: (a) Appoint a limited or unlimited guardian for a respondent only if it finds by clear and convincing evidence that: (I) The respondent is an incapacitated person; and (II) The respondent's identified needs cannot be met by less restrictive means, including use of appropriate and reasonably available technological assistance
C.R.S. § 15-14-311(1)(a)
"The court, whenever feasible, shall grant to a guardian only those powers necessitated by the ward's limitations and demonstrated needs and make appointive and other orders that will encourage the development of the ward's maximum self-reliance and independence" (§ 15-14-311(2)). Within 30 days after appointment, the guardian must send the ward and everyone who received notice of the hearing a copy of the order and a notice of the right to request termination or modification (§ 15-14-311(3)).
Who may serve
The court considers qualified persons in this order of priority (§ 15-14-310(1)):
- A guardian, other than a temporary or emergency guardian, already acting for the respondent in Colorado or elsewhere.
- A person the respondent nominated, including a specific nomination in a durable power of attorney.
- An agent under the respondent's medical durable power of attorney.
- An agent under the respondent's general durable power of attorney.
- The respondent's spouse, or a person nominated by will or other signed writing of a deceased spouse.
- The respondent's civil-union partner, or a person nominated by will or other signed writing of a deceased civil-union partner.
- An adult child.
- A parent, or a person nominated by will or other signed writing of a deceased parent.
- An adult with whom the respondent has lived for more than six months immediately before the petition was filed.
A respondent's nomination creates priority only if the respondent had sufficient capacity to express a preference when making it, and the court may, for good cause, appoint a person with lower or no priority (§ 15-14-310(2), (3)). The list covers persons "otherwise qualified," and § 15-14-310 sets disqualifications. Among them, "An owner, operator, or employee of a long-term-care provider from which the respondent is receiving care may not be appointed as guardian unless related to the respondent by blood, marriage, or adoption" (§ 15-14-310(4)).
What a Colorado guardian may decide, and what the person keeps
A guardian of an adult "shall exercise authority only as necessitated by the ward's limitations and, to the extent possible, shall encourage the ward to participate in decisions, act on the ward's own behalf, and develop or regain the capacity to manage the ward's personal affairs," and must consider "the expressed desires and personal values of the ward to the extent known to the guardian" (§ 15-14-314(1)).
The guardian may consent to medical care and set the ward's residence, but may establish or move the ward's dwelling outside Colorado only on express court authorization (§ 15-14-315(1)(b)). Some acts need a court order or are off limits:
- Adoption or marriage. The court may specifically authorize or direct the guardian to consent to the ward's adoption or marriage (§ 15-14-315(2)).
- Medical durable power of attorney. "A guardian, without authorization of the court, may not revoke a medical durable power of attorney" (§ 15-14-316(3)). While a medical durable power of attorney is in effect, the agent's health-care decision takes precedence over the guardian's unless the court orders otherwise (§ 15-14-316(3)).
- Mental health certification. A guardian may not initiate certification of the ward to a mental health facility except under the involuntary treatment procedure in Title 27, article 65, and may not consent to such mental health, intellectual and developmental disability or substance use care or treatment against the ward's will (§ 15-14-316(4)).
- Moves to restrictive facilities. HB26-1100, effective August 12, 2026, added a duty to notify the ward, at least 30 days in advance if possible, before a permanent move to a nursing home, mental health institution or other facility that restricts the ward's ability to leave or have visitors, unless the move is in the guardian's plan or authorized by specific court order (§ 15-14-314(2)).
The Guardianship Bill of Rights
HB26-1100, signed May 29, 2026 and effective August 12, 2026, added § 15-14-103, a statutory list of rights for adults under guardianship. Among the listed rights, a ward has the right to "A lawyer who advocates for the outcome the ward wants," to "Be present and participate in all court hearings," and to "Ask the court to review the need for their guardianship to change, continue, or end and whether their guardian is an appropriate fit for them." It also provides:
The ward retains the right to vote, to maintain their reproductive health and ability to procreate, and to change their marital status, unless the court restricts those rights by stating the restrictions and the relevant findings to support the restrictions in the order appointing the guardian.
C.R.S. § 15-14-103(3) (HB26-1100)
The listed rights are subject to any limitations imposed by court order, and the court may authorize the guardian to decide the ward's social environment, to file and defend lawsuits, to make contracts, to make gifts of the ward's money and to manage the ward's money and property (§ 15-14-103(2), (4)). The section does not alter the court's standards and procedures for appointing a guardian, and it does not create a new cause of action (§ 15-14-103(4), (5)).
Reports
Within sixty days after appointment or as otherwise directed by the court, a guardian shall report to the court in writing on the condition of the ward, the guardian's personal care plan for the ward, and account for money and other assets in the guardian's possession or subject to the guardian's control. A guardian shall report at least annually thereafter and whenever ordered by the court.
C.R.S. § 15-14-317(1)
The court must run a system for monitoring guardianships, including review of annual reports (§ 15-14-317(3)), and notice of a filed report goes to the ward within ten days after filing (§ 15-14-309(4)).
Emergency guardianship of an adult in Colorado
If the court finds that compliance with the procedures of this part 3 will likely result in substantial harm to the respondent's health, safety, or welfare, and that no other person appears to have authority and willingness to act in the circumstances, the court, on petition by a person interested in the respondent's welfare, may appoint an emergency guardian whose authority may not exceed sixty days and who may exercise only the powers specified in the order. Immediately upon appointment of an emergency guardian, the court shall appoint a lawyer to represent the respondent throughout the emergency guardianship.
C.R.S. § 15-14-312(1)
If the respondent was not at the hearing, the respondent must receive notice of the appointment within 48 hours, and the court must hold a hearing on the appropriateness of the appointment within 14 days after receiving a request (§ 15-14-312(2)). An emergency appointment, "with or without notice, is not a determination of the respondent's incapacity" (§ 15-14-312(3)). Since May 21, 2026, a criminal court acting under § 16-8.5-117 or § 16-8.5-118, or a civil court supervising a civil commitment or an enhanced protective placement, may also appoint an emergency guardian (§ 15-14-312(6), added by SB26-149). A separate temporary substitute guardian, who replaces a guardian who is not performing, may serve up to six months (§ 15-14-313(1)).
Ending a guardianship and restoring rights
"On petition of a ward, a guardian, or another person interested in the ward's welfare, the court shall terminate a guardianship if the ward no longer meets the standard for establishing the guardianship." The court may also modify the type of appointment or the guardian's powers if the protection previously granted is "currently excessive or insufficient" (§ 15-14-318(2)). The guardian must notify the court immediately if the ward becomes able to exercise rights the guardianship removed (§ 15-14-314(2)(e)).

After adjudication, "An adult ward has the right post-adjudication to be represented by a lawyer of the ward's choosing at the expense of the ward's estate unless the court finds by clear and convincing evidence that the ward lacks sufficient capacity to provide informed consent for representation by a lawyer," in which case the court appoints a guardian ad litem (§ 15-14-319(1)).
Conservatorship in Colorado
A conservator manages property and business affairs. For an individual, including a minor, the court may appoint a conservator or make another protective order for reasons other than age if it determines:
(I) By clear and convincing evidence, the individual is unable to manage property and business affairs because the individual is unable to effectively receive or evaluate information or both or to make or communicate decisions, even with the use of appropriate and reasonably available technological assistance, or because the individual is missing, detained, or unable to return to the United States; and (II) By a preponderance of evidence, the individual has property that will be wasted or dissipated unless management is provided
C.R.S. § 15-14-401(1)(b)
The second element can also be met by showing that money is needed for the support, care and welfare of the individual or those entitled to the individual's support, as § 15-14-401(1)(b)(II) goes on to provide. The court "shall make the least restrictive order consistent with its findings" (§ 15-14-409(2)), and appointing a conservator is not a determination of incapacity (§ 15-14-409(4)).
- Bond. "Unless the court makes specific findings as to the reasons a bond is not required in the present case, the court shall require a conservator to furnish a bond" (§ 15-14-415).
- Inventory. No later than 90 days after appointment, within a time the court sets (§ 15-14-419(1)).
- Reports. Annually, unless the court directs otherwise (§ 15-14-420(1)).
- Single transactions. Without appointing a conservator, the court may authorize, direct or ratify a transaction needed for an arrangement for the protected person's security, service or care (§ 15-14-412(1)).
- Small estates. If the person's total personal estate subject to administration is $10,000 or less, no conservator has been appointed, and no useful purpose would be served by appointing one, the court may order the estate distributed without a conservator (§ 15-14-118(4)).
Alternatives to guardianship in Colorado
Supported decision-making. Part 8 of article 14, added by SB 21-075 effective September 7, 2021, lets "An adult with a disability" voluntarily, without undue influence or coercion, enter into a supported decision-making agreement with one or more members of the adult's supportive community (§ 15-14-803(1)). The agreement must be signed by the adult and each supporter "in the presence of two or more attesting and disinterested witnesses who are eighteen years of age or older, or a notary public" (§ 15-14-805(2)). "A person who receives the original or a copy of the supported decision-making agreement shall rely on the agreement and its authority to assist as presented" (§ 15-14-806(1)). The agreement "does not adversely affect the decision-making authority granted to a court-appointed guardian or court-appointed conservator" (§ 15-14-803(1)), and it "cannot be used as evidence of incapacity" (§ 15-14-803(4)).
Powers of attorney. Agents under a medical durable power of attorney and a general durable power of attorney rank third and fourth for appointment as guardian (§ 15-14-310(1)). Signing rules are on our Colorado power of attorney laws page. Free drafting tools are available for a Colorado power of attorney and a Colorado advance directive; a tool is not legal advice, and any document must be signed under the Colorado rules on the power of attorney page.
Health-care proxy. For an adult who lacks decisional capacity and has no guardian or agent, Colorado does not set a ranked list. Instead, "interested persons" (the patient's spouse, either parent, any adult child, sibling or grandchild, or any close friend) who learn of the patient's lack of capacity "shall make reasonable efforts to reach a consensus as to who among them shall make medical treatment decisions" (C.R.S. § 15-18.5-103).
Public guardianship. The Office of Public Guardianship in the Judicial Department serves indigent and incapacitated adults who need a guardian. The statute directs it to serve "in every judicial district in the state no later than December 31, 2030," and lets it initiate guardianship petitions (C.R.S. §§ 13-94-101 to 13-94-105).
Federal benefits. The Social Security Administration decides whether representative payment serves a beneficiary and appoints its own payee; a legal guardian is one person it may choose, not an automatic payee (20 C.F.R. § 404.2001(b)(2)). The guardianship hub covers the federal layer.
Moving to or from Colorado with a guardianship
Colorado adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act as article 14.5 of Title 15 in 2008 (§ 15-14.5-101). Sections 15-14.5-301 and 15-14.5-302 cover transfers to and from another state. A guardian appointed in another state, where no Colorado petition is pending, "after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office" (§ 15-14.5-401).
Colorado guardianship at a glance
| Question | Colorado rule | Statute |
|---|---|---|
| Burden of proof for an adult guardian | Clear and convincing evidence of incapacity and that less restrictive means will not meet identified needs | C.R.S. § 15-14-311(1)(a) |
| Lawyer for the adult | Appointed on request, on the visitor's recommendation, or if the court finds a need; immediately in an emergency | C.R.S. §§ 15-14-305(2), 15-14-312(1) |
| Visitor | Appointed on every adult guardianship petition | C.R.S. § 15-14-305(1) |
| Service on the adult | Personal service; failure is jurisdictional | C.R.S. § 15-14-309(1) |
| Limited guardianship | Only the powers the person's limitations and needs require, whenever feasible | C.R.S. § 15-14-311(2) |
| Guardian for a child | Best interest plus parental consent, termination, parents unwilling or unable, or a prior guardian's death or incapacity | C.R.S. § 15-14-204(2) |
| Parent naming a guardian | Will or other signed writing; does not supersede either parent's rights; advance confirmation available | C.R.S. § 15-14-202 |
| No-court delegation | Power of attorney, 12 months at most; no consent to marriage or adoption | C.R.S. § 15-14-105 |
| Supported decision-making | Agreement signed before two disinterested adult witnesses or a notary | C.R.S. §§ 15-14-801 to 15-14-806 |
| Emergency guardian | Up to 60 days for an adult or a child | C.R.S. §§ 15-14-204(5), 15-14-312(1) |
| Guardian's reports | Within 60 days of appointment, then at least annually | C.R.S. § 15-14-317(1) |
| Conservator's inventory | No later than 90 days after appointment | C.R.S. § 15-14-419(1) |
| Termination | Court shall terminate if the ward no longer meets the standard | C.R.S. § 15-14-318(2) |
Related Colorado pages
- Guardianship laws by state
- Colorado power of attorney laws
- Colorado child custody laws
- Colorado grandparents' rights
- Colorado probate
This article provides general legal information about Colorado guardianship and conservatorship law, not legal advice. Guardianship cases turn on their facts and on local court practice. For advice about a specific situation, contact a lawyer licensed in Colorado or the court that would hear the case.
Last updated: October 20, 2026.
Frequently Asked Questions
How do I get guardianship of my grandchild in Colorado?
A petition goes to the court under C.R.S. Title 15, article 14, part 2. The court may appoint a guardian if it is in the child's best interest and the parents consent, all parental rights have been terminated, the parents are unwilling or unable to exercise their parental rights, or a prior third-party guardian has died or become incapacitated without naming a successor (C.R.S. § 15-14-204(2)).
Can a parent in Colorado let a relative care for a child without court?
Yes. A parent may delegate, by power of attorney, any power regarding the child's care, custody or property for no more than 12 months, except the power to consent to the child's marriage or adoption (C.R.S. § 15-14-105).
Can I name a guardian for my child in my will in Colorado?
Yes, by will or other signed writing (C.R.S. § 15-14-202(1)). The appointment takes effect on the parent's death, adjudicated incapacity or a physician's written determination that the parent can no longer care for the child, and the guardian must file an acceptance within 30 days after that; until the court confirms the appointee, the other parent or a person with care or custody of the child may block it by written objection (§ 15-14-203(1)). The appointment does not supersede the parental rights of either parent (§ 15-14-202(7)).
Does Colorado have standby guardianship?
Colorado's act has no section titled standby guardian. Its closest tool lets a parent petition the court to confirm a chosen guardian in advance when the parent will likely become unable to care for the child within two years (C.R.S. § 15-14-202(2)).
What must be proved to get guardianship of an adult in Colorado?
Clear and convincing evidence that the person is an incapacitated person and that the person's identified needs cannot be met by less restrictive means, including appropriate and reasonably available technological assistance (C.R.S. § 15-14-311(1)(a)).
Does the person get a lawyer in a Colorado guardianship case?
The court must appoint one if the person asks, the visitor recommends it, or the court determines the person needs representation (C.R.S. § 15-14-305(2)). In an emergency guardianship the court appoints a lawyer immediately (§ 15-14-312(1)).
How long does an emergency guardianship last in Colorado?
No more than 60 days, for an adult (C.R.S. § 15-14-312(1)) or a child (§ 15-14-204(5)). For an adult, notice of an appointment made without the respondent present must be given within 48 hours, and the court must hold a hearing within 14 days after a request (§ 15-14-312(2)).
What is a supported decision-making agreement in Colorado?
A voluntary agreement in which an adult with a disability names members of the adult's supportive community to help with decisions, signed before two disinterested adult witnesses or a notary (C.R.S. §§ 15-14-803, 15-14-805). A person who receives it must rely on it as presented (§ 15-14-806(1)).
How is a Colorado guardianship ended?
The ward, the guardian or another interested person may petition, and the court shall terminate the guardianship if the ward no longer meets the standard for establishing it, or may modify it if the protection is excessive or insufficient (C.R.S. § 15-14-318(2)).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Colorado Revised Statutes, Title 15: Probate, Trusts, and Fiduciaries
§ 15-14-311Findings - order of appointmentIn force
(1) The court may: (a) Appoint a limited or unlimited guardian for a respondent only if it finds by clear and convincing evidence that: (I) The respondent is an incapacitated person; and (II) The respondent's identified needs cannot be met by less restrictive means, including use of appropriate and reasonably available technological assistance; or (b) With appropriate findings, treat the petition as one for a protective order under section 15-14-401, enter any other appropriate order, or dismiss the proceeding. (2) The court, whenever feasible, shall grant to a guardian only those powers necessitated by the ward's limitations and demonstrated needs and make appointive and other orders that will encourage the development of the ward's maximum self-reliance and independence. (3) Within thirty days after an appointment, a guardian shall send or deliver to the ward and to all other persons given notice of the hearing on the petition a copy of the order of appointment, together with a notice of the right to request termination or modification.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at olls.info
§ 15-14-305Preliminaries to hearingIn force
(1) Upon receipt of a petition to establish a guardianship, the court shall set a date and time for hearing the petition and appoint a visitor. The duties and reporting requirements of the visitor are limited to the relief requested in the petition. The visitor must be a person who has such training as the court deems appropriate. (2) The court shall appoint a lawyer to represent the respondent in the proceeding if: (a) Requested by the respondent; (b) Recommended by the visitor; or (c) The court determines that the respondent needs representation.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at olls.info
§ 15-14-204Judicial appointment of guardian - conditions for appointment - definitionIn force
(1) A minor or a person interested in the welfare of a minor may petition for appointment of a guardian. (2) The court may appoint a guardian for a minor if the court finds the appointment is in the minor's best interest, and: (a) The parents consent; (b) All parental rights have been terminated; (c) The parents are unwilling or unable to exercise their parental rights; or (d) Guardianship of a child has previously been granted to a third party and the third party has subsequently died or become incapacitated and the guardian has not made an appointment of a guardian either by will or written instrument; however, the court shall not presume it is in the best interests of a child to be in the care of a parent in circumstances where a court has previously granted custody of a child to a third party. (2.5) (a) For purposes of this subsection (2.5) only, minor means an unmarried individual who has not attained twenty-one years of age.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at olls.info
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Sources and References
- C.R.S. § 15-14-101, Short title (Colorado Uniform Guardianship and Protective Proceedings Act)(olls.info).gov
- C.R.S. § 15-14-311, Findings - order of appointment(olls.info).gov
- C.R.S. § 15-14-102, Definitions(olls.info).gov
- C.R.S. § 15-14-305, Preliminaries to hearing(olls.info).gov
- C.R.S. § 15-14-312, Emergency guardian(olls.info).gov
- C.R.S. § 15-14-309, Notice(olls.info).gov
- C.R.S. § 15-14-204, Judicial appointment of guardian - conditions for appointment(olls.info).gov
- C.R.S. § 15-14-202, Testamentary appointment of guardian - appointment by written instrument(olls.info).gov
- C.R.S. § 15-14-105, Delegation of power by parent or guardian(olls.info).gov
- C.R.S. § 15-14-805, Agreement requirements - signature - witnesses or notary public(olls.info).gov
- C.R.S. § 15-14-806, Reliance on agreement - limitation of liability(olls.info).gov
- C.R.S. § 15-14-106, Subject-matter jurisdiction(olls.info).gov
- C.R.S. § 15-14-803, Supported decision-making agreement - term(olls.info).gov
- C.R.S. § 13-94-101 to 13-94-105, Office of public guardianship(olls.info).gov
- C.R.S. § 15-14-205, Judicial appointment of guardian - procedure(olls.info).gov
- C.R.S. § 15-14-206, Judicial appointment of guardian - priority of minor's nominee(olls.info).gov
- C.R.S. § 15-14-208, Powers of guardian (minor)(olls.info).gov
- C.R.S. § 15-14-210, Termination of guardianship - other proceedings after appointment(olls.info).gov
- C.R.S. § 15-14-203, Objection of others to parental appointment - consent by minor of twelve years of age or older(olls.info).gov
- C.R.S. § 15-14-304, Judicial appointment of guardian - petition(olls.info).gov
- C.R.S. § 15-14-113, Notice(olls.info).gov
- C.R.S. § 15-14-113.5, Appointments without notice - investigation - report - procedures(olls.info).gov
- C.R.S. § 15-14-306, Professional evaluation(olls.info).gov
- C.R.S. § 15-14-308, Presence and rights at hearing(olls.info).gov
- C.R.S. § 15-14-310, Who may be guardian - priorities - prohibition of dual roles(olls.info).gov
- C.R.S. § 15-14-314, Duties of guardian(olls.info).gov
- C.R.S. § 15-14-315, Powers of guardian(olls.info).gov
- C.R.S. § 15-14-316, Rights and immunities of guardian - limitations(olls.info).gov
- HB26-1100, Guardianship for Incapacitated Adults (Colorado General Assembly; adds C.R.S. § 15-14-103 and amends § 15-14-314)(leg.colorado.gov).gov
- C.R.S. § 15-14-317, Reports - monitoring of guardianship - court access to records(olls.info).gov
- C.R.S. § 15-14-313, Temporary substitute guardian(olls.info).gov
- C.R.S. § 15-14-318, Termination or modification of guardianship - resignation or removal of guardian(olls.info).gov
- C.R.S. § 15-14-319, Right to a lawyer post-adjudication(olls.info).gov
- C.R.S. § 15-14-401, Protective proceeding(olls.info).gov
- C.R.S. § 15-14-409, Original petition - orders(olls.info).gov
- C.R.S. § 15-14-415, Bond(olls.info).gov
- C.R.S. § 15-14-419, Inventory(olls.info).gov
- C.R.S. § 15-14-420, Reports - appointment of monitor - monitoring(olls.info).gov
- C.R.S. § 15-14-412, Protective arrangements and single transactions(olls.info).gov
- C.R.S. § 15-14-118, Small estate - person under disability(olls.info).gov
- C.R.S. § 15-18.5-103, Proxy decision-makers for medical treatment authorized - definitions(olls.info).gov
- 20 C.F.R. § 404.2001, Introduction (representative payment)(www.law.cornell.edu).gov
- C.R.S. § 15-14.5-101, Short title (Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act)(olls.info).gov
- C.R.S. § 15-14.5-401, Registration of guardianship orders(olls.info).gov
- HB26-1100, Session Laws of Colorado 2026, ch. 227 (approved May 29, 2026; adds C.R.S. § 15-14-103)(leg.colorado.gov).gov
- SB26-149, Session Laws of Colorado 2026, ch. 142, section 29 (approved May 21, 2026; adds C.R.S. § 15-14-312(6))(leg.colorado.gov).gov