Upon petition and after notice and hearing, the court may appoint a limited or unlimited conservator or make any other protective order provided in this part 4 in relation to the estate and affairs of: A minor, if the court determines that the minor owns money or property requiring management or protection that cannot otherwise […]
After the service of notice in a proceeding seeking a conservatorship or other protective order and until termination of the proceeding, the court in which the petition is filed has: Exclusive jurisdiction to determine the need for a conservatorship or other protective order; Exclusive jurisdiction to determine how the estate of the protected person which […]
The following may petition for the appointment of a conservator or for any other appropriate protective order: The person to be protected; An individual interested in the estate, affairs, or welfare of the person to be protected, including a parent, guardian, or custodian; or A person who would be adversely affected by lack of effective […]
A copy of the petition and the notice of hearing on a petition for conservatorship or other protective order must be served personally on the respondent, if the respondent has attained twelve years of age, but if the respondent’s whereabouts are unknown or personal service cannot be made, service on the respondent must be made […]
Upon the filing of a petition to establish a conservatorship or for another protective order for the reason that the respondent is a minor, the court shall set a date for hearing. If the court determines at any stage of the proceeding that the interests of the minor are or may be inadequately represented, it […]
Upon the filing of a petition for a conservatorship or other protective order for a respondent for reasons other than being a minor, the court shall set a date for hearing. The court shall appoint a visitor unless the petition does not request the appointment of a conservator and the respondent is represented by a […]
At or before a hearing under this part 4, the court may order a professional evaluation of the respondent and shall order the evaluation if the respondent so demands. If the court orders the evaluation, the respondent must be examined by a physician, psychologist, or other individual appointed by the court who is qualified to […]
Unless excused by the court for good cause, a proposed conservator shall attend the hearing. The respondent shall attend the hearing, unless excused by the court for good cause. The respondent may present evidence and subpoena witnesses and documents, examine witnesses, including any court-appointed physician, psychologist, or other individual qualified to evaluate the alleged impairment, […]
If a proceeding is brought for the reason that the respondent is a minor, after a hearing on the petition, upon finding that the appointment of a conservator or other protective order is in the best interest of the minor, the court shall make an appointment or other appropriate protective order. If a proceeding is […]
After hearing and upon determining that a basis for a conservatorship or other protective order exists, the court has the following powers, which may be exercised directly or through a conservator: With respect to a minor for reasons of age, all the powers over the estate and business affairs of the minor that may be […]
After notice to interested persons and upon express authorization of the court, a conservator may: Make gifts, except as otherwise provided in section 15-14-427 (2); Convey, release, or disclaim contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entireties; Exercise or […]
If a basis is established for a protective order with respect to an individual, the court, without appointing a conservator, may: Authorize, direct, or ratify any transaction necessary or desirable to achieve any arrangement for security, service, or care meeting the foreseeable needs of the protected person, including: Payment, delivery, deposit, or retention of funds […]
The general assembly hereby finds, determines, and declares that: The state makes significant expenditures for nursing home care under the “Colorado Medical Assistance Act”; A large number of persons do not have enough income to afford nursing home care, but have too much income to qualify for state medical assistance, a situation popularly referred to […]
For purposes of this section and sections 15-14-412.7 to 15-14-412.9, unless the context otherwise requires the following definitions apply: “Asset” has the same meaning as set forth in Title XIX of the federal “Social Security Act”, 42 U.S.C. sec. 1396p (e), as amended. “Income” has the same meaning as set forth in Title XIX of […]
An income trust within the meaning of this section is a trust established for the benefit of an individual that consists only of pension income, social security, and other monthly income to the individual and accumulated income in the trust and that is established for the purpose or with the effect of establishing or maintaining […]
A disability trust within the meaning of this section is a trust that is established for an individual under sixty-five years of age who is disabled, as such term is defined in Title XIX of the federal “Social Security Act”, 42 U.S.C. sec. 1382c (a)(3), as amended, consists of assets of the individual, and is […]
A pooled trust within the meaning of this section is a trust consisting of individual accounts established for individuals who are disabled and is established for the purpose or with the effect of establishing or maintaining a person’s resource eligibility for medical assistance. A pooled trust is not valid for the purposes of establishing or […]
Except as otherwise provided in subsection (4) of this section, the court, in appointing a conservator, shall consider persons otherwise qualified in the following order of priority: A conservator, guardian of the estate, or other like fiduciary appointed or recognized by an appropriate court of any other jurisdiction in which the protected person resides; A […]
A protected person or a person interested in the welfare of a protected person may file a petition in the appointing court for an order: Requiring bond or collateral or additional bond or collateral, or reducing bond or collateral; Requiring an accounting for the administration of the protected person’s estate; Directing distribution; Removing the conservator […]
Unless the court makes specific findings as to the reasons a bond is not required in the present case, the court shall require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the conservatorship according to law, with sureties as it may specify. In the alternative, the court may impose […]
