Criteria to Transfer a Conservatorship Case to Colorado from Another State

If you are the conservator for an adult (Protected Person) in another state, you can ask the court to transfer the conservatorship case to Colorado if:

1. The Protected Person is physically present, or is planning to permanently move to Colorado; and
2. The transfer would be in the Protected Person's best interest.

The court will issue a provisional order unless:

1. An objection has been made to the petition, and the objector has established that the transfer would be contrary to the interests of the incapacitated person; or
2. The guardian or conservator is ineligible for appointment in Colorado.

Preparing to Transfer a Conservatorship Case to Colorado from Another State

Before you start a case to transfer a conservatorship to Colorado from another state, you will need a certified copy of an Order from the other state saying that they are aware that you want to transfer the case to Colorado. Contact the court in the other state to find out how to get this document.

Identify Where to File Your Paperwork

You will file your paperwork with the district court in the Colorado county where the Protected Person is physically present, or in the Colorado county where the Protected Person plans to permanently live.

Use the courts locator to find the correct district court. If you are filing in Denver, you will need to file your case in the Denver Probate Court. (internal link needed)

Forms and Paperwork Required

Use the forms link above to download and complete the Transfer a Conservatorship Case to Colorado from Another State forms. For detailed instructions on filling out these forms, review JDF 782 Instructions to File Petition to Accept Adult Guardianship and/or Conservatorship in Colorado from Sending State.

Paperwork Tips

You will be known as the Petitioner, and the adult who you are the conservator for is known as the Protected Person.

Check the "Conservatorship" box at the top of JDF 783 Petition Requesting Colorado to Accept Guardianship/Conservatorship from Sending State.

Remember: Attach a certified copy of the Order from the other state, which says that they are aware you are transferring the case to Colorado, to JDF 783 Petition Requesting Colorado to Accept Guardianship/Conservatorship from Sending State.

Fill out only the top "caption" part of JDF 784 Provisional Order to Accept Guardianship/Conservatorship in Colorado from Sending State. The court will fill out the rest.

Give Notice to the Respondent and Other Interested Persons

You must give notice of JDF 783 Petition Requesting Colorado to Accept Guardianship/Conservatorship from Sending State to the same people who got notice of the case where you were named as the conservator. For a list of interested persons who must get notice, see JDF 782 Instructions to File Petition to Accept Adult Guardianship and/or Conservatorship in Colorado from Sending State.

How to Give Notice

1. Complete the required form. Fill out JDF 712 Notice of Non-Appearance Hearing. You will need to pick a date for the non-appearance hearing and put that date on the form. The date you pick must be at least 14 days from the date that you mail or hand-deliver a copy of the Petition (JDF 783) and the Notice (JDF 712) to all interested persons.
   • Note: A "non-appearance hearing" is not an actual hearing date, and no one needs to show up to court. This is a date the court puts on their calendar as a reminder to take further action.
2. Deliver the paperwork to the Protected Person and to all interested persons. Mail or hand-deliver a copy of JDF 712 Notice of Non-Appearance Hearing and JDF 783 Petition Requesting Colorado to Accept Guardianship/Conservatorship from Sending State to the Protected Person and to all other interested persons.
3. File Certificate of Service with the court. Fill out the Certificate of Service part of JDF 712 Notice of Non-Appearance Hearing before filing it with the court.

How to Submit Paperwork to the Court

1. Take your completed forms to the clerk at the counter in the courthouse. Give JDF 783 Petition Requesting Colorado to Accept Guardianship/Conservatorship from Sending State, JDF 712 Notice of Non-Appearance Hearing, and JDF 784 Provisional Order to Accept Guardianship/Conservatorship in Colorado from Sending State to the clerk at the court to file your case.
   • Remember to also file a certified copy of the Order from the other state saying that they are aware that you are transferring the case to Colorado.
2. Pay the filing fee. If you do not think you can afford the filing fee, fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee, or visit our File Without Payment section for complete information.

What Happens Next?

After the non-appearance hearing date passes, if the court agrees with what you are asking, and no one else has come forward to disagree with you, the court will sign JDF 784 Provisional Order to Accept Guardianship/Conservatorship in Colorado from Sending State.

Finish Transferring the Case to Colorado

You will need to send a certified copy of the signed JDF 784 Provisional Order to Accept Guardianship/Conservatorship in Colorado from Sending State to the court in the other state, and get a certified copy of a final Order from the court in the other state transferring the case to Colorado.

After you get a certified copy of a final Order from the other state transferring the case to Colorado, file that Order with the court in Colorado along with:

1. JDF 785 Final Order Accepting Guardianship/Conservatorship in Colorado from Sending State. You only need to fill out the top "caption" part of this form. The court will fill out the rest.
2. JDF 805 Acceptance of Office
3. JDF 880 Letters of Conservatorship - Adult. Fill out only the top "caption" part of this form. The court will fill out the rest. This is the document that proves you are the conservator in Colorado.
4. A copy of your criminal history report from the Colorado Bureau of Investigation (CBI)
5. A copy of your current credit report
6. A copy of your driver's license

Note: If you are the adult's (Respondent's) parent, and you live with the adult, you must provide a copy of your driver's license. However, you may not need to provide your criminal history report or your credit report. Please check with the court you are filing your case with regarding these requirements.

Criminal History Report

To get a copy of your criminal history report, visit the CBI website.

You can also go to the CBI directly at 690 Kipling Street, Denver, CO 80215. You can reach the CBI by phone at (303) 239-4300. There will be a fee for running your criminal history report. The fees charged by this agency are set by the agency and may change without notice.

Even if there is nothing on your criminal history report, you will still need to file this document with the court.

Credit Report

You can use any credit reporting agency to get your current credit report. Here are a few choices:

• Equifax, Inc. - P.O. Box 740241, Atlanta, GA 30374; +1 (800) 685-1111
• Experian - P.O. Box 2002, Allen, TX 75013; +1 (888) 397-3742
• TransUnion - P.O. Box 2000, Chester, PA 19022; +1 (800) 916-8800

Make sure to black out your Social Security number and financial account numbers included on the credit report. There may be a fee for getting your credit report.

Driver's License

When you make a photocopy of your driver's license, make sure the copy is clear enough for the court to read.

Final Order

The court will sign JDF 785 Final Order Accepting Guardianship/Conservatorship in Colorado from Sending State to finalize the transfer to Colorado. The court will also issue JDF 880 Letters of Conservatorship - Adult to you. This is the document that proves you are the conservator in Colorado.