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Over 18

Submitted by [user:field_first_name]

Conservator for an Adult

Who Can File?

  • The person to be Protected.
  • Or, a person interested in the welfare of the Respondent.
  • They must be at least 21-years old.
  • Either a resident or non-resident of Colorado.

Where Do I File?

  • Option 1 - In the county where the Respondent resides.
  • Option 2 - A county where the Respondent owns property if they do not reside in Colorado.

When will the Court Appoint a Conservator?

  • When the Court determines that the Respondent is unable to manage their property due to incapacity. 
    • The petitioner must show Respondent has assets that will be wasted without proper management.
  • The Conservator may be given restrictions by the Court.

When is an Adult Considered Incapacitated?

  • When they are unable to effectively receive or evaluate information or both.
  • Or, when they make or communicate decisions.
  • To the extent that an individual lacks the ability to satisfy essential requirements for physical health, safety, or self-care. 
  • Even with appropriate and reasonably available technological assistance. 

How much does it cost?

  • Required Fees
    • Filing fee - $199
    • Certification of Orders - $20
  • Possible Fees
    • Court Visitor & Respondent Counsel Fees.
    • The court determines if paid by Petitioner or Respondent.

What Do I File?

  • JDF 876 - Petition
    • PDF   |   WORD
    • Attach a copy of a physician's letter or professional evaluation.
  • JDF 805 - Acceptance of Office
    • PDF   |   WORD
    • Attach:
      • A name-based criminal history check.
      • A Current credit report for the proposed conservator.
        • Strikethrough all social security numbers except the last four digits. 
      • A copy of the proposed conservator's driver's license, passport, or other government-issued identification.
  • JDF 719 - Waiver of Notice
  • JDF 721 - Irrevocable Power of Attorney
    • PDF   |   WORD
    • Use only if the proposed conservator lives out of state.
  • JDF 880 - Letters of Conservatorship
  • JDF 877 - Order for a Special Conservator
    • PDF   |   WORD
    • Use if there is a need for an immediate Conservator while the petition is pending. Or
    • Use if there is only a need for a single transaction.
  • JDF 878 - Order for Conservator
  • JDF 875 - Instructions

To Whom Do I Give Copies?

Any interested persons that apply to your circumstances. These may include:

  • Spouse of Respondent
  • Partner (Civil Union) of Respondent
  • Parents of Respondent
  • Adult children of Respondent
  • Any Guardian or Conservator currently acting for Respondent.
  • Any person who has care or custody of the Respondent.
    • Including a treating physician. 
  • Any adult with whom the Respondent resided for more than six months within one year of filing the petition.
  • Any adult relative of the Respondent, if there is no spouse, partner (civil union), parent, or adult children. 
  • Any legal representative of the Respondent.
  • Any nominated person as Conservator by the Respondent.

What Happens After I File?

  • Schedule a Hearing
    • Some courts assign dates when you file.
    • Others require you to contact the court to schedule.
  • Fill in the Hearing date on the forms.
  • The Court will appoint a Court Visitor who will interview the Respondent.
  • Notice to Interested Persons
    • Service by Mail
      • If you know the address of the person with whom you're giving notice, complete the Notice of Hearing - JDF 806. 
      • You must include all documents filed with the Court.
      • Mail at least 14 days before the hearing.
      • Be sure to complete the certificate of service section on the form.
    • Service by Publication
      • If you do not have a current address for an interested person, or their identity is not known and cannot be determined with reasonable diligence, you must publish the Notice of Hearing in the newspaper.
      • Complete these forms:
        • JDF 716 - Notice of Hearing by Publication.
          • JDF   |   WORD
          • Publish in a Newspaper in the County where the hearing will be held.
          • It must be published once a week for three weeks in a row with the last date of publication at least 14 days before the hearing.
          • Petitioner must request a publisher's affidavit from the newspaper and this must be attached to the affidavit regarding due diligence and proof of publication.
        • JDF 714 - Proof of Publication
    • Service to the Respondent
      • Provide the Notice of Hearing to the Respondent by Personal Service.
      • Respondent must be served at least 14 days before the hearing.

The Hearing

  • The Petitioner and Respondent must appear unless excused by the Court.
    • If Respondent can't attend, the Petitioner needs to file a Motion to excuse the Respondent. Attach supporting documents as needed.
  • The Petitioner will make their arguments for why conservator is necessary.
    • This will may involve making a statement in Court, asking questions to witnesses you have asked to attend, or about documents you provide them at the Hearing.
  • If the Court appoints a Conservator:
    • The Court will issue Letters - JDF 880.
    • The Court will sign the Appointment Order.
    • Copies of the Order must be provided to all interested persons by the Conservator.

Requirements After Conservator Appointed

  • The Conservator must complete, sign, and file:
    • Acknowledgment of Responsibilities - JDF 800.
    • Probate Case Information Sheet - JDF 705.
  • Complete Conservator's Inventory with Financial Plan
    • Motion for Approval of Financial Plan - JDF 882
    • Typically filed within 60 days of appointment.
    • Order re Financial Plan - JDF 883
      • PDF   |   WORD
      • Complete only the case caption.
  • Annual Report
    • Refer to the Order Appointing Conservator to find the due date of the annual report.
    • Annual Report - JDF 885
  • Notice of Appointment of Conservator
    • Refer to the Order Appointing Conservator to find information on completing this form.
    • Notice of Appointment - JDF 812

Keep in Mind

  • The ward/respondent may not move outside of Colorado without a Court Order.
  • A Conservator's Manual is available to assist new Conservators. 
  • The Conservator's responsibilities continue until the Court terminates the Conservatorship.