Colorado Revised Statutes

Colo. Rev. Stat. § 15-14-304 (2026)

Judicial appointment of guardian - petition

✓ current as of July 2026

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(1) 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.

(2) The petition must set forth the petitioner's name, residence, current address if different, relationship to the respondent, and interest in the appointment and, to the extent known, state or contain the following with respect to the respondent and the relief requested:

(a) The respondent's name, age, principal residence, current street address, and, if different, the address of the dwelling in which it is proposed that the respondent will reside if the appointment is made;

(b) (I) The name and address of the respondent's:

(A) Spouse or partner in a civil union or, if the respondent has none, an adult with whom the respondent has resided for more than six months within one year before the filing of the petition; and

(B) Adult children and parents; or

(II) If the respondent has neither spouse, partner in a civil union, adult child, nor parent, at least one of the adults nearest in kinship to the respondent who can be found with reasonable efforts;

(c) The name and address of each person responsible for care or custody of the respondent, including the respondent's treating physician;

(d) The name and address of each legal representative of the respondent;

(e) The name and address of each person nominated as guardian by the respondent;

(f) The name and address of each proposed guardian and the reason why the proposed guardian should be selected;

(g) The reason why guardianship is necessary, including a brief description of the nature and extent of the respondent's alleged incapacity;

(h) 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; and

(i) A general statement of the respondent's property with an estimate of its value, including any insurance or pension, and the source and amount of any other anticipated income or receipts.

Source: L. 2000: Entire part R&RE, p. 1792, § 1, effective January 1, 2001 (see § 15-17- 103). L. 2013: (2)(b)(I)(A) and (2)(b)(II) amended, (SB 13-011), ch. 49, p. 165, § 19, effective May 1.

Editor's note: This section is similar to former § 15-14-303 as it existed prior to 2001.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1998–2024 · leading case: Young v. C.A.H., 176 P.3d 726 (Colo. 2007).

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Young v. C.A.H., 176 P.3d 726 (Colo. 2007). · cites it 3× “Section 15-14-304, C.R.S. (2007), discusses the appointment of a limited or unlimited guardian for an incapacitated person.”

Est. of Milstein v. Ayers, 955 P.2d 78 (Colo. Ct. App. 1998). · cites it 2× “See § 15-14-304(4), C.R.S. 1997 (an interested person may move to limit powers of guardian); § 15-14-307(1), C.”

In Re Jct, 176 P.3d 726 (Colo. 2007). · cites it 3× “[9] Section 15-14-304, C.R.S. (2007), discusses the appointment of a limited or unlimited guardian for an incapacitated person.”

In re Interest of M.K.D.A.L., 410 P.3d 559 (Colo. Ct. App. 2014). · cites it 3× “, petitioned under section 15-14-304(1), C.R.S.2014, for his appointment as a permanent guardian.”

of Arguello, 2019 COA 20 (Colo. Ct. App. 2019). · cites it 7× “18CA0548, Interest of Arguello — Probate — Persons Under Disability — Guardianship of Incapacitated Person — Judicial Appointment of Guardian In this adult guardianship case, a division of the court of appeals holds, as a matter of first impression, that all prospective…”

Matter of Swinehart (Colo. Ct. App. 2024). · cites it 2× “¶ 25 Swinehart argues that, by commanding the probate court to “set a date and time for hearing,” the statute “requires the court to hold a hearing before ruling on a petition filed by an interested person.”

— Colo. Rev. Stat. § 15-14-304(1) — 2 cases

In re Interest of M.K.D.A.L., 410 P.3d 559 (Colo. Ct. App. 2014). “, petitioned under section 15-14-304(1), C.R.S.2014, for his appointment as a permanent guardian.”

Matter of Swinehart (Colo. Ct. App. 2024). “¶ 25 Swinehart argues that, by commanding the probate court to “set a date and time for hearing,” the statute “requires the court to hold a hearing before ruling on a petition filed by an interested person.”

— Colo. Rev. Stat. § 15-14-304(4) — 1 case

Est. of Milstein v. Ayers, 955 P.2d 78 (Colo. Ct. App. 1998). “See § 15-14-304(4), C.R.S. 1997 (an interested person may move to limit powers of guardian); § 15-14-307(1), C.”

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