Conservatorships are set up to help incapacitated adults (respondents) manage their financial affairs. This can also be set up for a minor child who has assets in his or her name. If you have a loved one who you feel can no longer handle the responsibilities of paying bills, managing investments, buying or selling property, filing tax returns, etc., you can request that a conservator be appointed.
Steps to Set Up a Conservatorship for an Incapacitated Adult
- File a petition in the probate court of the state and county in which the respondent resides or owns property.
- Complete all necessary forms for your particular situation. There are almost 20 different forms that may be required.
- File your forms with the court and pay the $199 filing fee. (There may be other fees as well.)
- Ensure the proposed conservator has undergone a criminal history record from the Colorado Bureau of Investigation (CBI) and has a current credit report done.
- Send notices to all interested persons to inform them of the upcoming hearing.
- Alert the respondent of the upcoming hearing via a personal service affidavit at least 14 days prior to the hearing.
- Attend the hearing, along with the respondent.
Prior to the hearing, the courts will send a court visitor to assess the mental, physical and emotional stability of the respondent and the suitability of the person seeking to be appointed as conservator. This information, the completed forms and testimony at hearing, will allow the judge to decide whether a conservatorship should be granted and the extent of that person’s authority. The respondent will also have the chance to speak for themselves if they do not want a conservator.
Conservator lawyers are often involved during different steps in this process: from the initial filing to identifying and completing documents to acting in the conservator role. If you would like help in requesting a conservator for a loved one in Colorado, please contact the Denver estate planning lawyers at Brown & Crona, LLC. The well-being of your loved ones is simply too important to leave to chance. Having an experienced team on your side will provide peace of mind every step of the way.
We have helped hundreds of people arrange for the proper financial care for others and also to understand their roles and responsibilities as a conservator. The well-being of the respondent is always our top priority.
To learn more about estate planning and conservatorships in Denver, contact Brown & Crona, LLC to arrange an appointment: (303) 339-3750 or visit our website.