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Under what circumstances do I Have to file my credit report and/or my criminal background report with the probate court?
Prior to the granting of any Guardianship or Conservatorship, State law now requires the filing of a completed Acceptance of Office (in place of Acceptance of Appointment) including a name-based criminal history check and a current credit report for each nominee. Acceptance of Office forms (CPC18-AO) are available in the Denver Probate Court Clerk’s Office or click here to go to forms page.Criminal history and credit report requirements may be waived by the Court for good cause OR in specific circumstances. For example, in cases where the nominee is the parent of a child, lives with the child and is seeking guardianship and/or conservatorship, the criminal history and credit report requirements may be waived. (See paragraph 8 of the Acceptance of Office form or HB 1013 for more information on specific waivers.)
Nominees requesting waiver of the criminal history and/or credit report requirements should indicate good cause/reason for waiver in the blank on the last line of paragraph 8 of the Acceptance of Office form. Paragraphs 3 through 6 must be completed in all cases, including those in which a waiver is requested. Waiver of the criminal history and/or credit report requirements may be obtained on the day of hearing.
Nominees should be prepared to answer questions from the Court or provide an Acceptance of Office form for all other names the nominee has used and other states in which the nominee has lived. If an additional Acceptance of Office is required or if criminal history and/or credit report requirements are not waived on the day of hearing, the hearing may be continued/reset in order to allow sufficient time for the necessary documents or reports to be filed.
In order to protect a nominee’s right to privacy, Social Security numbers and credit account numbers should be redacted before documents are filed electronically and will be redacted on pro se filings before documents are scanned and uploaded by Court staff. All credit reports will be and remain sealed in the Court files.
Instruction for obtaining a name-based criminal history check or a current credit history are located at the bottom of the second page of the Acceptance of Office form. As of July 1, 2003, the cost for a named-based criminal history check through the Colorado Bureau of Investigation is $6.85. The cost for a current credit history varies.