Colorado Guardianship vs Power of Attorney for a Minor
Two Different Tools for Different Situations
Colorado gives relatives two main instruments for raising a child outside the court system — or through it. One is fast, free and temporary. The other is permanent, thorough and involves a judge. Picking the wrong one wastes time and money; picking the right one gets a child into school and to the doctor without unnecessary delay.
Delegation of Power (JDF 751)
What it is. A notarized form under C.R.S. § 15-14-105 where a parent gives a relative authority over the child's school, medical care, dental care and daily decisions.
Requirements: The parent or legal guardian signs the form in front of a notary. The caregiver is named as Attorney in Fact; the current form has no separate acceptance signature. No court filing and no filing fee.
Duration: Maximum twelve months. Must be re-executed annually if the arrangement continues.
What it covers: School enrollment, educational records, medical and dental consent, prescriptions, field trips, sports physicals, school medication forms, everyday care, minor property matters.
What it cannot do: Consent to marriage or adoption. Override an existing court custody order. Survive the parent's death. Prevent the parent from revoking it at any time.
Minor Guardianship (JDF 824)
What it is. A court order under C.R.S. § 15-14-204 appointing the relative as the child's legal guardian.
Requirements: File a petition (Form JDF 824) in the district court where the minor lives or can be found; Denver filings go to Probate Court. Submit the criminal history report, credit report and identification required by JDF 823. Give notice to each living parent and other interested persons, then attend a court hearing. The filing fee is $229 (a waiver can be requested with Form JDF 205 and a blank JDF 206).
Duration: The appointment may continue until the child turns 18, is emancipated or the court discharges the guardian. The court may require annual reports, and Letters may need annual renewal.
What it covers: Court-ordered authority over the child's care, health, education and finances. The court issues JDF 830 Letters of Guardianship as proof of appointment; an institution may ask for a certified copy.
What it cannot do: Terminate parental rights (that requires a separate proceeding). A parent can petition the court to modify or terminate the guardianship.
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Side-by-Side Comparison
| Delegation (JDF 751) | Guardianship (JDF 824) | |
|---|---|---|
| Court filing | No | Yes |
| Filing fee | None | $229 (waiver available) |
| Parent must sign | Yes (notarized) | No (but must be notified) |
| Duration | Up to 12 months | May continue until child turns 18, subject to court reporting and possible annual renewal of Letters |
| Parent can revoke | Yes, any time | Only by court petition |
| Survives parent's death | No | Yes |
| Background checks | None | CBI criminal history report, credit report and identification |
| Medical consent | Yes | Yes |
| School enrollment | Yes | Yes |
| Passport application | No | Yes |
When to Use Which
Start with the delegation if: A parent is available and willing to sign. The arrangement is expected to last less than a year. You need the child in school and at the doctor now, and there is no time for court proceedings.
Go straight to guardianship if: No authorized parent or guardian can sign. The parent refuses to cooperate. You need a passport or another document that requires court-ordered authority. For a driver's permit, check the DMV's separate DR 2460 Affidavit of Liability and Guardianship requirements; a qualifying adult may sign that form, but JDF 751 is not proof of guardianship for DMV identity requirements.
Start with the delegation, then transition to guardianship if: The parent signed a JDF 751 but the situation is not improving. As the twelve-month expiration approaches, file for guardianship so there is no gap in authority.
The Third Option
Colorado law provides a third path: the Allocation of Parental Responsibilities under C.R.S. § 14-10-123. A nonparent may file if the child is not in a parent's physical care, or if the nonparent has had physical care for at least 182 days and files within 182 days after that care ends. This is a court order allocating decision-making and parenting time, available even if the parent objects. It requires a court petition and a hearing but does not carry the same procedural steps as guardianship.
Getting the Paperwork Right
The Colorado School and Medical Consent guide explains how to fill out JDF 751 correctly, when to transition to a guardianship petition, and how the two instruments interact when a caregiver needs immediate authority while court proceedings are pending.
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