DISTRICT COURT PROBATE MAGISTRATE DIVISION -W- FOURTH JUDICIAL DISTRICT
Case Management Order – Division W
**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 for an Adult- Amended July 1, 2015
The Court requires the following paperwork be filed before setting a hearing, except where noted otherwise:
Guardianship:
JDF 841 Petition for Appointment of Guardian for Adult
JDF 849 Letters of Guardianship - Adult (not necessary if filing party is not an attorney)
JDF 848 Order Appointing Guardian for Adult (not necessary if filing party is not an attorney)
Physicians’ Letters or Professional Evaluation
(a)Any physician's letter or professional evaluation utilized as the evidentiary basis to support a petition for the appointment of a guardian, conservator or other protective order under Section 15-14-401 et seq., C.R.S., unless otherwise directed by the court, should contain: (1) a description of the nature, type, and extent of the respondent's specific cognitive and functional limitations, if any;(2) an evaluation of the respondent's mental and physical condition and, if appropriate, educational potential, adaptive behavior, and social skills; (3) a prognosis for improvement and recommendation as to the appropriate treatment or habilitation plan; and (4) the date of any assessment or examination upon which the report is based.
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 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.
JDF 208 Application for Public Defender, Court-Appointed Counsel or Guardian Ad Litem.
(a)The Court will make a ruling on this form regarding indigency.
(b)If the Court GRANTS this form the State of Colorado will pay for the costs associated with the appointment of the Court Visitor and/or Respondent’s Counsel.
(c)If the Court DENIES this form the Petitioner or Respondent may be required to pay the hourly fee of the Court Visitor and/or Respondent’s Counsel or Guardian ad Litem, if one is appointed.
(d)Please note: if both a guardianship and conservatorship petition are being filed as to the same individual, only one form JDF 208 needs to be completed.
Conservatorship:
JDF 876 Petition for Appointment of Conservator
JDF 880 Letters of Conservatorship – Adult (not necessary if filing party is not an attorney)
JDF 878 Order Appointing Conservator for Adult (not necessary 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 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.
JDF 208 Application for Public Defender, Court-Appointed Counsel or Guardian Ad Litem.
(a)The Court will make a ruling on this form regarding indigency.
(b)If the Court GRANTS this form the State of Colorado will pay for the costs associated with the appointment of the Court Visitor and/or Respondent’s Counsel.
(c)If the Court DENIES this form the Petitioner or Respondent may be required to pay the hourly fee of the Court Visitor and/or Respondent’s Counsel or Guardian ad Litem, if one is appointed.
(d)Please note: if both a guardianship and conservatorship petition are being filed as to the same individual, only one form JDF 208 needs to be completed.
The Court shall appoint a Court Visitor who shall interview the Respondent in person, per C.R.S. §15-14-305(3), (4); § 15-14-406 (3), (4). The duties and reporting requirements of the Court Visitor are limited to the relief requested in the petition.
The Court must appoint a Court Visitor to investigate and report back to the Court, for the purpose of determining if the Guardianship/Conservatorship is in the best interest of the Respondent
If the Respondent does not speak or understand English, or is hearing impaired – need for interpreter:
- 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.
- 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.
- 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 the Respondent at least 14 days prior to the hearing. IF THE RESPONDENT IS NOT SERVED IN PERSON 14 DAYS PRIOR TO THE HEARING, THE COURT CANNOT ENTER AN ORDER APPOINTING GUARDIAN/CONSERVATOR. C.R.S. § 15-14-309, § 15-14-404.
(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 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 may be an interested person to your case and thus 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.
Interested persons include:
- The spouse of the Respondent, if married.
- The biological and/or adopted parents of the Respondent, if any.
- The adult children of the Respondent, if any.
- Any Guardian or Conservator currently acting for the Respondent.
- 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, parent, or adult children.
- Any legal representative of the Respondent
- Any person nominated as guardian or designated as an agent under power of attorney by the Respondent.
- The adult siblings of the Respondent, if any.
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 Respondent and persons given notice of the Petition that they have the right to request termination or modification of the Guardianship/Conservatorship.
JDF 850 Initial Care Plan/Guardian’s Report – Adult
(a)This is due within 60 days after appointment or as otherwise directed by the court.
JDF 882 Conservator's Financial Plan with Inventory and Motion for Approval
(a)This is due within 90 days after appointment or as otherwise directed by the court.
JDF 883 Order Regarding Conservator's Financial Plan
Please note: In a Guardianship the Respondent 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) 452-5394 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 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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