1437 Bannock St., Rm. 230, Denver, CO 80202
Phone 720-865-8310 Fax 720-865-8576





Return to Page
Probate Home Page

Frequently Asked Questions


Search this site







   

What do I need to do to have another adult take care of my child(ren)?

A parent who wants someone else to be legally responsible for the care or his/her children can proceed by use of a power of attorney or by having a court appoint a guardian.

Power of Attorney: Under Colorado Revised Statutes §15-14-105, a parent or guardian of a minor may delegate powers to another adult for the care, custody or property of the minor for a period not exceeding 12 months. The parent/guardian needs to sign a Delegation of Powers (download form) but the Delegation form does not need to be filed with the Court or approved by a Court order. The Delegation of Powers is an appropriate form to use when parent(s) may be temporarily unavailable (e.g., traveling, ill, or otherwise unavailable). A Delegation form should contain a termination date. The original, signed Delegation should be notarized and should be given to the agent named in the Power.

Guardian of a Minor: A Guardianship is more formal, can extend until the minor reaches adulthood (age 18) and can be terminated only by a Court order. To obtain appointment as guardian for a minor follow these steps:

File a completed Petition for Appointment of Guardian for Minor CPC34 (go to forms page).

Prior to the granting of any Guardianship, the Colorado Legislature now requires the filing of a completed Acceptance of Office, CPC-18-AO (in place of Acceptance of Appointment) including a name-based criminal history check and a current credit report for each nominee. To obtain a name-based criminal history check from the Colorado Bureau of Investigation (CBI), contact the Colorado Bureau of Investigation, 690 Kipling Street, Denver, CO 80215, telephone (303) 239-4300 or at http://www.cbi.state.co.us and click on CBI records check. To obtain a current credit check you may contact any of the following credit reporting agencies: TransUnion 1-800-916-8800, http://www.transunion.com; OR Experian 1-888-397-3742, http://www.experian.com; OR Equifax 1-800-685-1111, http://www.equifax.com

If the minor is twelve years of age or older, file a signed Nomination or Consent of Minor (CPC-34NC).

If the biological parent consents to the appointment of guardian for the minor he/she should sign the Consent of Parent form (CPC-34CP).

If the proposed guardian lives out-of-state, he or she must file a signed Irrevocable Power of Attorney Designating the Clerk of court as Agent for Service of Process (CPC-18A).

Once the above documents have been filed and the docket fee of $136.00 is paid, you may obtain a hearing date from the Division Clerk.

After the hearing date has been assigned, follow these additional steps:

Complete the Notice of Hearing To All Interested Persons-Guardianship for Minor.

Mail or hand deliver the Notice of Hearing-Guardianship for Minor to each of the people listed in paragraph 10 of the Petition for Appointment of Guardian for Minor at least 10 days before the hearing. (Any person who lives outside the United States must be given 30-days notice). Complete the Certificate of Service, which is attached to the Notice of Hearing and the Certificate of Service with the court at least 2 days before the hearing.