Colorado Temporary Guardianship: Emergency and 6-Month Orders Explained

When You Cannot Wait for a Full Guardianship Hearing

A standard minor guardianship in Colorado takes weeks to complete — between filing the petition, serving notice, and waiting for a hearing date. When a child needs a legal caregiver right now, Colorado provides two expedited tracks under C.R.S. § 15-14-204.

The two options are frequently confused, but they serve different situations and carry different timelines.

Temporary Guardianship: Up to 6 Months

A temporary guardianship under C.R.S. § 15-14-204(4) is granted when the court finds that an immediate need exists and that the appointment serves the child's best interest.

This is the right tool when a parent has entered treatment, been hospitalized, or is otherwise temporarily unable to care for the child — and the relative needs legal authority to handle school, medical, and benefits matters while the permanent petition is pending.

A temporary guardian has the same authority as a permanent guardian unless the court specifically restricts it. The order lasts up to six months. If you want long-term authority, ask the court for a permanent guardianship; the temporary appointment itself cannot last longer than six months.

The filing form is JDF 828 (Temporary Order), submitted alongside your standard petition (JDF 824).

Emergency Guardianship: Up to 60 Days

An emergency guardianship under C.R.S. § 15-14-204(5) is for situations where following standard procedures would likely result in substantial harm to the child's health or safety and no other person appears to have authority to act.

The legal standard is higher than for a temporary order. You must show that following the standard procedures would likely result in substantial harm to the child's health or safety.

The court must give reasonable notice of an emergency hearing to the minor (if age 12 or older), each living parent, and any person other than a parent who has care or custody. The court may dispense with notice if the minor would be substantially harmed before a hearing can be held. If the guardian is appointed without notice, these safeguards apply:

• Notice of the appointment must be given within 48 hours to the minor (if age 12 or older), each living parent, and any nonparent with care or custody
• The court must hold a hearing on the appropriateness of the appointment within 5 days

An emergency guardianship lasts up to 60 days, and the guardian may exercise only the powers listed in the order. The proposed order is JDF 829 (Order Appointing Emergency Guardian - Minor).

File the Petition and Proposed Order

Use JDF 824 (Petition for Appointment of Guardian - Minor) to explain whether you are asking for a temporary or emergency appointment. Submit the matching proposed order: JDF 828 for temporary guardianship or JDF 829 for emergency guardianship. If you also want long-term authority, request a permanent guardianship in the case.

The Judicial Branch instructions direct filers to explain temporary or emergency relief on JDF 824 and submit the corresponding proposed order.

What About a Power of Attorney Instead?

If a parent is cooperative and available to sign documents, a Delegation of Power under C.R.S. § 15-14-105 (form JDF 751) may handle the immediate need without any court involvement. It grants caregiving authority for up to 12 months, including school enrollment and medical consent.

The difference: a power of attorney requires parental cooperation. An emergency or temporary guardianship is a court order that holds even if the parent later objects.

Costs and Fee Waivers

The filing fee for a guardianship petition is $229. If you cannot afford it, file JDF 205 (Motion to Waive Fees) and JDF 206 (Order re Court Fees). The court may ask for proof of income, assets, or expenses before deciding your motion.

Emergency situations do not waive the fee, but courts will process the petition while the fee-waiver request is pending.

Step-by-Step Help

The Colorado Guardianship and Custody Court Process Guide walks through the emergency, temporary, and permanent filing sequences — including exactly which forms to file together, how to serve notice under compressed timelines, and what to expect at the expedited hearing.

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