The ABCs of Temporary Guardianship Forms in Colorado

What is a Temporary Guardianship?

The term "temporary guardianship" refers to the legal arrangement wherein a person is appointed to watch over someone else in the case of their disability for either a short period of time or until a permanent care arrangement is reached. Such appointment can be decided by a court or by the individual when they have predetermined who they believe is appropriate.
The Colorado probate court has the power to appoint a temporary guardian if the condition of an individual prevents them from properly taking care of themselves. This appointment can last from one day and up to 60 days within the state of Colorado. A temporary guardian can be appointed for any reason deemed necessary, although most appointments occur for one of three reasons which are: if a guardian has temporarily stopped paying bills due to an illness, they are incarcerated for a short period of time or they have a sudden illness that requires someone else to care for them .
A temporary guardian in Colorado has almost all of the same powers as a perpetual guardian, though there are some limitations to these powers. Since the appointment made by the courts is temporary, this means all responsibilities will eventually fall on the guardianship’s permanent successor.
Upon approval of the guardianship, a temporary guardian will be presumed to have the following powers: to make medical decisions on behalf of the person, to determine where the person should live, to pay bills on behalf of the person, and to manage the property of the person.
Under some circumstances, it can be possible for a permanent guardianship to be altered to a temporary guardianship.

When is a Temporary Guardianship Necessary?

Temporary guardianship form is often needed when there are short-term caretaking needs, or in emergency situations immediately following an extended hospitalization. For example, a temporary guardian may be needed on account of an out-of-state parent calling home to Colorado while on vacation to the mountain to face an immediate crisis. Buying time for family members to engage and get involved in a crisis situation is important.
Another situation where temporary guardianship form is appropriate is on account of a return from the hospital following a general anesthesia procedure. I operated as a guardianship and conservatorship attorney for many years for the Mountain Star Surgery Center in Colorado Springs. When a patient has general anesthesia, they are usually groggy. It is a good idea to have a friend or family member accompany the patient back home. However, many times the hospital social worker will insist on having someone designated as a temporary guardian to take the patient home.
Typically the social workers will insist on having an informed consent from the patient, unless an emergency exists. An informed consent is essentially a waiver form that is obtained from the patient emergency contact. It will not generally grant long-term powers, but rather if the anesthesiologist needs to operate quickly to place the patient in a different room (needing to ask informed consent).
At times, the hospital social workers will insist on obtaining an informed consent from the patient before allowing a family member to take responsibility if the patient is unable to fill out the informed consent.

How to Obtain a Temporary Guardianship Form in Colorado

Colorado makes temporary guardianship forms available to the public as a matter of public policy. To obtain a temporary guardianship form for yourself, there are multiple online resources available. A good place to start is the Colorado Judicial website.
If you google "Temporary Guardianship Colorado" there are a number of links available. Many of these links are either other firms like GSS Law or agencies that have links to the forms. The link above is from GSS Law website.
We recommend that you use the Colorado Judicial site or our forms at GSS Law. Both of these site contain the most accurate and up to date forms for Colorado.
The necessary documents are the courts forms, however, it is highly recommended that you seek out the guidance of an attorney to assist you navigate the process. Using the forms incorrectly can result in a delay in your case that may result in harm to the child or individual. Most likely that is why you are seeking the assistance of the court in the first place.
In general, the process for requesting a temporary guardian is:
You will then be granted temporary authority over the child or adult until there is a hearing.
In Colorado there is no guarantee that your request for a temporary guardianship will be honored. A temporary guardianship is not a replacement for adoption in Colorado, and the courts are guided by reasonable and sometimes strict definitions in the statutes. The court does not have to grant a protective order if it finds that there is an adequate remedy that is legally available to the parties.
Considering how serious the situation is, it is highly recommended that you get legal advice or consult with an attorney before submitting the form.
This blog post is not intended to be a substitute for legal advice.

Completing the Temporary Guardianship Form Accurately

As with any legal document, accuracy is of the utmost importance in filling out the temporary guardianship form.
Part A
Court This is the name of the District Court in Colorado where the Temporary Guardianship is being filed. There are 22 District Courts in Colorado, and the form will only be accepted in the District Court where it has been filed. The forms cannot be filed directly with the Denver District Court. The Denver County Court is a Municipal Court, and the Denver District Court does not handle Guardianships or Conservatorship issues, which is why the form can’t be filed directly with the Denver District Court.
County This is the name of the County where the Petition for Temporary Guardianship is being filed. The full Petition for a temporary Guardianship, including the Temporary Guardian Selection Plan, must be filed in the County where the needs of the Respondent, or the interests of the protected person, are based. It is not advised that a Temporary Guardianship Order is filed with the Denver County Court, or that the Temporary Guardianship Order is filed with a home County or County different from where the Pleadings were filed. The reason for this is that the Order could potentially be rejected by the Office of Vital Records in Denver, Colorado and not be registered until the rejection is cured. Therefore, the Temporary Guardianship Order is advised to be registered with the Colorado County where the Pleadings in this matter were originally filed.
Denver County is a special County because it does have a Municipal Court, the Denver Municipal Court, and also has a District Court, the Denver District Court, where minor Guardianships are filed. There is also a Denver Probate Court, however, Guardianships in Colorado are filed as a probate filing, therefore the Denver District Court is the correct place to file for a minor Guardian in Colorado.
Division This is a reference to the Division or the Department, on order from the District Court Judge, and is a reference number to the Court process.
Phone number The phone number is the office phone number for the person completing the form, or is the Petitioner’s phone number, in the case of the Temporary Custodian or the Temporary Guardian.
Name This is the name of the Petitioner’s name, or the person who is completing the form or seeking the Guardianship under the Colorado Guardianship law.
Address This is the mailing address, or residence, for the person completing the form or the Petitioner.
Name This is the name of the Proposed Temporary Guardian, and the name of the person who is seeking the temporary Guardianship or is willing to act as a Temporary Guardian.
Address This is the mailing address of the person acting as the Proposed Guardian temporary.
Phone number This is the office phone number of the person completing the form, or is the Petitioner’s phone number, in the case of the Temporary Custodian or the Temporary Guardian.

Rights and Legal Implications of Being a Guardian

When an adult cannot care for themselves, a family member or friend can seek temporary guardianship over that person for a specific period of time. The Rules of Civil Procedure govern the process of seeking temporary guardianships in Colorado.
Once a judge has granted temporary guardianship to an adult over a minor child, they have both rights and responsibilities. These rights include the ability to make day-to-day decisions on behalf of the person under guardianship, the right to enroll that person in school, and the right to consent to medical treatment if necessary.
However, there are certain areas of life wherein only the court has the authority to make final decisions located in Colorado General Statutes 15-14-202(1)(b). The legal rights and responsibilities of a temporary guardian also include:
Because guardians do not select the people who will be placed in their care, the court wants to make sure that they have decided wisely . This is why § 15-14-205 says that the court can appoint a different temporary guardian if the judge believes that it is in the best interests of the protected individual.
In addition to the Rules of Civil Procedure, C.R.S. 15-14-201 provides the basis for temporary guardianship in Colorado. These statutes consider the problems a guardian can face when dealing with the limitations of a temporary guardianship. When the judges grant temporary guardianship, they limit the substitute decision maker’s authority to decide what is best for the mentally incompetent person. This limitation can be difficult if the person who is appointed as temporary guardian is not the same person who usually takes care of the individual. Because of these legal limitations, conservatorship is often considered at the same time as guardianship.
In addition to the court, legal guardians of an adult also have to report their activities to the court. By the 15th day of every month they need to file a report that details their actions. If they fail to file the necessary report, then they will be subject to strict sanctions.

Termination of Temporary Guardianship

In certain circumstances, temporary guardianship can be legally terminated. In Colorado, a temporary guardianship terminates automatically 120 days after it begins, unless a court orders otherwise. As such, if the original purpose of the temporary guardianship is complete, termination can be as simple as waiting to allow time to pass. However, when a judge grants a temporary guardianship that exceeds 120 days, the order explicitly setting the end date for the guardian’s authority should be referenced to begin the process of terminating the temporary guardianship. Either the guardian or the ward, or the combined petition of both parties, may petition the court to terminate the temporary guardianship prior to its automatic expiration. A hearing may or may not be necessary in these situations. If the guardian and the ward can mutually agree to end the temporary guardianship, then generally no hearing should be necessary. The newly adopted C.R.S. 15-14-316 details all the necessary steps to take in filing a petition to terminate the temporary guardianship.

Commonly Asked Questions About Temporary Guardianships in Colorado

How long is a temporary guardianship form valid?
Temporary guardianship forms used in Colorado generally continue to be valid for up to 60 days, unless specified otherwise in the grant of care and custody.
What if my child does not want to go with the other guardian?
If your child resists going with the other guardian, do not force him/her. The last thing you want to do is create a legal issue by forcing your child to do something he/she does not want to do. Drop off your child with the other guardian. Leave when your child insists on going home with you. When you have visitation with your child, if the child refuses to go with you, do not force him/her. You will need to go through the court system to address what has happened.
Do I have any rights while the other guardian has my child?
As the biological parent, you still have certain rights to your child. However, when you grant care and custody to another guardian, you need to understand that your rights have changed. You have the right to visit with your child. The new guardian should not interfere with your visitation rights . If the guardian does not allow reasonable visitation with your child, you should document the failure to abide by the visitation schedule. You may need to return to court to address issues of visitation with your child.
As the biological parent, you can also have input into what is in the best interests of your child. You can oppose the grant of care and custody to another person. You have to provide the other guardian with notice of your objection. The objection must be served upon the new guardian. You must notify the court of your objection. You must provide the court with a current address where you can be found for service by the court, if there is a hearing.
What do I do in a medical emergency?
The medical release and the grant of care and custody contains terms regarding medical treatment. Absent extreme circumstances, you must follow the terms of that authority. You cannot treat more seriously than the terms contained in the grant of authority. If the child needs medical treatment beyond the scope of the authority, or beyond your control, seek immediate assistance from law enforcement. Hospital personnel, school staff, and law enforcement personnel can provide advice on the next steps to take.