A conservatorship is a court-appointed person who is chosen to manage the finances of an adult who has become incapable of doing it for themselves. This may be needed if a person suffers from mental illness or dementia, becomes seriously injured or incapacitated, etc., and cannot make sound legal, medical or financial decisions on their own. The conservator has a very big responsibility to act in the person’s best interest, ensuring that they are able to continue a good quality of life with appropriate levels of food, shelter, clothing, healthcare, social engagements (if possible) and more.
Note: conservators can also be requested for minors.
If you have a loved one who is in need of financial assistance, there are many different Colorado conservatorship forms that must be filled out and filed with the courts. While these forms are available online, it may be prudent to enlist the assistance of an conservatorship lawyer in Denver to help you with this process. Not all forms are necessary for every situation. You could overlook some forms that will slow down the conservatorship process, which could increase the time it takes to obtain the conservatorship for your loved one.
How to File for Conservatorship
- File a petition in the probate court of the state and county in which the respondent resides or owns property.
- Fill out the correct forms, file the forms with the court (keep a copy for your records) and pay the $199.00 processing fee.
- Ensure the proposed conservator has undergone a criminal history record from the Colorado Bureau of Investigation (CBI) and has a copy of his or her current credit report.
- Inform interested parties, including the person who needs the conservator, of the upcoming hearing at least 14 days before the hearing
- Appear at the hearing
- Fill out the forms for any requirements after the court has appointed the conservator
Colorado Conservatorship Filing Forms
- Affidavit Regarding Due Diligence and Proof of Publication
- Notice of Hearing by Publication
- Waiver of Notice
- Irrevocable Power of Attorney
- Acknowledgment of Responsibilities
- Acceptance of Office
- Notice of Hearing to Interested Persons
- Notice of Hearing to Respondent – Minor or Adult
- Notice of Appointment of Guardian and/or Conservator
- Order for Deposit of Funds to Restrict Account and Annual Filing of Restricted Account Report
- Petition for Appointment of Conservator – Minor or Adult
- Order Appointing Special Conservator – Minor or Adult
- Order Appointing Conservator for Adult
- Letters of Conservatorship – Adult
- Conservator’s Financial Plan with Inventory and Motion for Approval
- Order Regarding Conservator’s Financial Plan
- Conservator’s Report
- Instructions to Register Out of State Guardianship or Conservatorship
- Criminal History Record Information and Fees
Appoint a Conservator in Advance
You have the ability to be proactive and designate the person you wish to serve as conservator in your financial power of attorney. This person will handle your financial affairs if you become incapacitated for any reason and has priority for appointment for to be named your conservator if a court proceeding becomes necessary. Hopefully this person will never have to fulfill this role for you, but when everything is in place you can have peace of mind that your family will not be burdened with this process. In addition, you can choose someone that you truly trust, someone who will have the time, energy and resources to devote to you.
If you need to request a conservator in Colorado, call the Denver conservatorship lawyers at Brown & Crona, LLC to help you with this process. We can also help you add this designation to your current estate plan – or help you create an estate plan if you don’t have one already. Contact us at (303) 339-3750 or send us a message online to learn more.