(1) A nominee for guardian, emergency
guardian, conservator, or special conservator shall file an acceptance of office with
the court. The acceptance of office shall be signed by the nominee and, except as
otherwise provided in this section, shall include a statement by the nominee
informing the court of the following:
(a) Whether the nominee has been convicted of, pled nolo contendere to, or
received a deferred sentence for a felony or misdemeanor, and, if so, the name of
the state and court issuing the order;
(b) Whether a temporary civil protection or restraining order or a permanent
civil protection or restraining order has been issued against the nominee in the
state of Colorado or another state at any time;
(c) Whether a civil judgment has been entered against the nominee, and, if
so, the name of the state and court granting the judgment;
(d) Whether the nominee has been relieved of any court-appointed
responsibilities, and, if so, the name of the court relieving the nominee; and
(e) That the nominee acknowledges and understands that if the nominee
fails to file required reports with the court or fails to respond to an order of the
court to show cause why the nominee should not be held in contempt of court,
Colorado law authorizes the court to access data and records of state agencies in
order to obtain contact information, as defined in sections 15-14-317 (4)(c) and 15-14-420 (6)(c).
(2) (a) In support of the statement set forth in the acceptance of office
pursuant to subsection (1) of this section, the nominee for guardian, conservator,
emergency guardian, or special conservator shall:
(I) Obtain and attach to the acceptance of office a name-based criminal
history record check through the Colorado bureau of investigation. The nominee
shall be responsible for the cost of the name-based criminal history record checks.
(II) Obtain and attach to the acceptance of office a current credit report of
the nominee paid for by the nominee; and
(III) Verify the acceptance of office under penalty of perjury, stating that, to
the best of his or her knowledge or belief, the statements in the acceptance of
office and attached documentation are accurate and complete.
(b) The court may, in its discretion, waive any or all of the requirements of
paragraph (a) of this subsection (2) for good cause shown when making an
emergency appointment of a guardian pursuant to section 15-14-204 or 15-14-312,
or when making an appointment of a special conservator pursuant to sections 15-14-405, 15-14-406, and 15-14-412.
(3) After a hearing, the court shall issue appropriate letters of guardianship
or emergency guardianship if it finds, upon review of the acceptance of office, that
the nominee is appropriate for the office. Letters of guardianship shall indicate
whether the guardian was appointed by the court or a parent. After a hearing and
the filing of any required bond, the court shall issue appropriate letters of
conservatorship or special conservatorship if it finds, upon review of the
acceptance of office, that the nominee is appropriate for the office. Any limitation
on the powers of a guardian, emergency guardian, conservator, or special
conservator or of the assets subject to a conservatorship shall be endorsed on the
guardian's or conservator's letters.
(4) The specifications required pursuant to paragraphs (a) to (d) of
subsection (1) of this section and the requirements of subsection (2) of this section
shall not apply to the following nominees:
(a) A public administrator nominated as a guardian or conservator;
(b) A trust company nominated as a guardian or conservator;
(c) A bank nominated as a guardian or conservator;
(d) A credit union, savings and loan, or other financial institution nominated
as a guardian or conservator pursuant to state law;
(e) A state or county agency nominated as a guardian or conservator
pursuant to state law;
(f) A parent residing with his or her child who is nominated as a guardian or
conservator of his or her child; and
(g) Any other person or entity for whom the court, for good cause shown,
determines that the requirements shall not apply.
(5) (a) Nothing in this section shall be construed to prohibit the court from
requiring a nominee to obtain additional background information as the court
deems necessary to assist the court in determining the fitness of the nominee for
the appointment sought by the nominee, including requiring a nominee to obtain
fingerprint-based criminal history record checks through the Colorado bureau of
investigation and the federal bureau of investigation. If the court requires a
nominee to submit fingerprint-based criminal history record checks, the nominee
shall be responsible for providing a complete set of fingerprints to the Colorado
bureau of investigation and for obtaining the fingerprint-based criminal history
record checks and presenting them with the acceptance of office. The nominee
shall also be responsible for the cost of the fingerprint-based criminal history
record checks.
(b) When the results of a fingerprint-based criminal history record check of
an applicant performed pursuant to this subsection (5) reveal a record of arrest
without a disposition, the court shall require that nominee to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d). The applicant is
responsible for the cost of the name-based judicial record check.