Colorado § 15-14-205 - Judicial appointment of guardian - procedure.

§ 15-14-205. Judicial appointment of guardian - procedure.

(1) After a petition for appointment of a guardian is filed, the court shall schedule a hearing, and the petitioner shall give notice of the time and place of the hearing, together with a copy of the petition, to:

(a) The minor, if the minor has attained twelve years of age and is not the petitioner;

(b) Any person alleged to have had the primary care and custody of the minor during the sixty days before the filing of the petition;

(c) Each living parent of the minor or, if there is none, the adult nearest in kinship that can be found;

(d) Any person nominated as guardian by the minor if the minor has attained twelve years of age;

(e) Any appointee of a parent or guardian whose appointment has not been prevented or terminated under section 15-14-203 (1) or whose appointment was consented to under section 15-14-203 (2); and

(f) Any guardian or conservator currently acting for the minor in this state or elsewhere.

(2) The court, upon hearing, shall make the appointment if it finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the conditions of section 15-14-204 (2) have been met, and the best interest of the minor will be served by the appointment. In other cases, the court may dismiss the proceeding or make any other disposition of the matter that will serve the best interest of the minor.

(3) If the court determines at any stage of the proceeding, before or after appointment, that the interests of the minor are or may be inadequately represented, it may appoint a lawyer to represent the minor, giving consideration to the choice of the minor if the minor has attained twelve years of age.

Source: L. 2000: Entire part R&RE, p. 1789, § 1, effective January 1, 2001 (see § 15-17-103); (1) amended, p. 294, § 12, effective January 1, 2001.

Editor's note: This section is similar to former § 15-14-207 as it existed prior to 2001.

ANNOTATION

Law reviews. For article, "Securing the Nonparent's Place in a Child's Life Through Adoption and Adoption Alternatives", see 37 Colo. Law. 27 (Oct. 2008).

Subsection (3) authorizes the appointment of a temporary guardian and does not incorporate the requirement of abandonment or such other requirements of § 15-14-204 for the appointment of a permanent guardian. O.R.L. v. Smith, 996 P.2d 788 (Colo. App. 2000).