Free NSTRUCTIONS FOR APPOINTMENT OF A CONSERVATOR (MINOR) - Colorado


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INSTRUCTIONS FOR APPOINTMENT OF A CONSERVATOR - MINOR

These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as you would be if you were represented by an attorney.

GENERAL INFORMATION
The minor child must be a resident in the county in which you are filing the petition whether or not a guardian has been appointed in another place or if the minor does not reside in this state, in any county of this state in which property of the minor is located pursuant to 15-14-108(3), C.R.S. The minor or a person interested in the welfare of the minor may file the case. A name-based criminal history record check from the Colorado Bureau of Investigation (CBI) and a current credit report of the proposed conservator must be filed with the Court. The Court may appoint a conservator for a minor, if the Court finds the appointment to be in the best interest of the minor pursuant to 15-14-409, C.R.S. and if the Court determines that for reasons other than age the individual is unable to manage money or property pursuant to 15-14-401, C.R.S. For additional information, please review 15-14-401 433 C.R.S. If you have a disability and need a reasonable accommodation to access the courts, please contact your local ADA Coordinator. Contact information can be obtained from the following website: http://www.courts.state.co.us/chs/court/ada/coordinators.htm

COMMON TERMS
Petitioner: Conservator: Interested Person: Letters: Minor: Conservator Nominee: Order: A person who files a Petition for the Appointment of a Conservator A person at least 21 years of age, resident or non-resident, who has been appointed to manage the financial affairs of another person. Persons identified by Colorado Law who must be given notice of a court proceeding. See Step 3 for a complete list. Official document identifying the authority of the Conservator. An unemancipated person who is under the age of 18. A person named in the petition to serve as the Conservator. Official document identifying the authority of the Conservator and his/her responsibilities during the Conservatorship.

If you do not understand this information, please contact an attorney.

FEES
The filing fee is $164.00. If you have a family situation that requires you to file a conservatorship for more than one child, only one filing fee is required, if the Petitions are filed on the same day. If you are unable to pay, you must complete the Motion to File without Payment and Supporting Financial Affidavit (JDF 205) and submit it to the Court. Once you submit the completed JDF 205 form and a blank Order (JDF 206), the Court will decide whether you need to pay the filing fee. Other fees that a party to the case may encounter are as follows: Certification of Orders and Letters $20.00 Service Fees Varies Copy of Documents .75 per page

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The Court may appoint a Guardian ad Litem (GAL) to investigate and report back to the Court, for the purpose of determining if the Conservatorship is in the best interest of the minor. If the Court appoints a GAL, the Petitioner or the minor may be required to pay the hourly fee of the GAL. The Court may appoint an Attorney to represent the minor if the Court believes the minors interests are not adequately represented pursuant to 15-14-405, C.R.S.

FORMS
To access a form online go to www.courts.state.co.us and click on the "Self-Help Center". The packet/forms are available in PDF or WORD by selecting Probate (Conservatorship Minor). You may complete a form online or you may print it and type or print legibly in black ink. Read these instructions carefully to determine what forms you may need, as you may need all or some of the listed forms. Check with the Court where you plan to file your case to determine if they have any special requirements. JDF 714 JDF 716 JDF 719 JDF 721 JDF 805 JDF 806 JDF 807 JDF 826 JDF 861 JDF 863 JDF 882 JDF 883 JDF 885 Affidavit Regarding Due Diligence and Proof of Publication Notice of Hearing by Publication Waiver of Notice Irrevocable Power of Attorney Acceptance of Office Notice of Hearing to Interested Persons Notice of Hearing to Respondent/Minor Verified Consent or Nomination of Minor Petition for Appointment of Conservator for Minor Letters of Conservatorship - Minor Conservator's Inventory with Financial Plan Order Regarding Approval of Conservator's Inventory with Financial Plan Conservator's Report

STEPS TO FILING YOUR CASE
Step 1: Complete Forms.
Selecting these instructions indicates that you plan to file a Conservatorship for a Minor. The caption below must be completed on all forms filed. Be sure to make a copy for your own records of all forms you file with the Court.
District Court Denver Probate Court __________________________________ County, Colorado Court Address: In the Interests of: Minor Attorney or Party Without Attorney (Name and Address): Phone Number: FAX Number: Email: Atty. Reg. #: NAME OF FORM



COURT USE ONLY



Case Number: Division: Courtroom:

Petition for Appointment of Conservator for Minor (JDF 861). The Petitioner must complete all applicable sections on the form. If the child's father is not known (no name appears on the birth certificate), then a copy of the birth certificate of the child should be attached to the Petition. If the parental rights have been terminated or the parents are deceased, copies of the termination papers or the death certificates should be attached to the Petition. This form must be signed in the presence of a Court Clerk or Notary Public.

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Acceptance of Office (JDF 805). Complete all applicable sections on the form. Attach a legible copy of the proposed conservator's driver's license, passport or other governmentissued identification. Obtain and attach a name-based criminal history record check for the proposed conservator from Colorado Bureau of Investigation (CBI). To obtain a name-based criminal history check, contact CBI at 690 Kipling Street Denver, CO 80215, (303) 239-4300, or at www.cbi.state.co.us and click on CBI Records Check. Obtain and attach a current credit report of the proposed conservator. Below are a few credit reporting agencies: Equifax, Inc., P.O. Box 740241, Atlanta, GA 30374, 1-800-685-1111, or at www.equifax.com Experian, P.O. Box 2002, Allen, TX 75013, 1-888-397-3742, or at www.experian.com TransUnion, P.O. Box 2000, Chester, PA 19022, 1-800-916-8800, or at www.transunion.com Redact "strike-out" all social security numbers identified on the credit report. If account numbers are identified, only reflect the last 4 numbers of bank, credit card accounts, etc. 15-14-110, C.R.S., requires that the costs for all criminal history checks and credit reports be paid by the proposed conservator. This form must be signed in the presence of a Court Clerk or Notary Public. Waiver of Notice (JDF 719). This form can be completed by any interested person if they wish to waive notice of any hearings or matters before the Court. This form cannot be completed by the Minor. See Notice requirements in Step 4. This form must be signed in the presence of a Court Clerk or Notary Public. Irrevocable Power of Attorney (JDF 721). This form must be completed only if the proposed conservator lives out of state. The nominated conservator must complete this form and have it signed before a notary public. Verified Consent or Nomination of Minor (JDF 826). The minor who is the subject of the appointment and is 12 years of age or older has the right to nominate a conservator. JDF 826 can be completed by the minor to identify his/her nominee. If completed, this form must be signed in the presence of a Court Clerk or Notary Public Letters of Conservatorship - Minor (JDF 863). Only complete the caption on the form. The Court will complete the remainder of the form and sign it following the appointment of the Conservator.

Step 2:

You are ready to file your Papers with the Court.

Provide the Court with the documents completed as described in Step 1 above, and pay the filing fee of $164.00. You may receive a hearing date from the clerk at the time of filing. The date and time of this hearing is important because you will need to complete the Notice of Hearing or publication forms described in Step 3 and Step 4.

Step 3:

Notice to Parents and Other Interested Persons, if any. (By Mail or Publication) You may need several copies of documents filed with the Court, depending on the number of interested persons you plan to notify of the proposed conservatorship. Check the list below to determine the "interested persons" applicable to your circumstances. 1. Any person alleged to have had the primary care and custody of the minor 60 days before the filing of the Petition, 2. Each living parent of the minor or, if there is none, the adult nearest in kinship that can be found,
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JDF 860 R7/08

3. Any person nominated as Conservator by the minor if the minor has attained 12 years of age, 4. Any appointee of a parent whose appointment has not been prevented or terminated, 15-14-203, C.R.S. 5. Any Guardian or Conservator currently acting for the minor in this state or elsewhere.

Service by Mail.
If you know the addresses of the parents and interested persons, fill out the Notice of Hearing to Interested Persons (JDF 806). If the parents are not the Petitioners, both the biological mother and father of the minor require notice of the upcoming hearing plus all interested persons. Mail copies of all documents (including the Petition for Conservatorship) filed with the Court and the completed Notice of Hearing to Interested Persons (JDF 806) at least ten business days before the hearing and allow three extra days for mailing. Complete the Certificate of Service portion on the form, listing the names and addresses of all interested persons to whom you sent the notice and the date you sent it and file it with the Court at or before your hearing. If the address of either parent or any interested person is unknown, you must publish the notice of the hearing in the newspaper. See Service by Publication below.

Service by Publication.
If you do not have the correct address for the parents or the identity of any interested person is not known and cannot be ascertained with reasonable due diligence, you may need to use this method of service. Before you serve by publication, you may wish to search on the Internet, contact prior employers, friends, etc. to locate a current address. Notice of Hearing by Publication (JDF 716). Complete this form and have it published in a newspaper of general circulation in the county where the hearing is to be held. The notice shall be published once a week for three consecutive weeks, with the last date of the publication being at least ten days before the date of the hearing. The Petitioner must request an affidavit from the newspaper after publication is completed. This affidavit of publication, prepared by the newspaper, will serve as proof that the Notice of Hearing by Publication (JDF 716) was published. This affidavit must be filed with the Court. Attach to JDF 714. Affidavit Regarding Due Diligence and Proof of Publication (JDF 714). Complete all sections of this form. The purpose of this form is to identify to the Court your efforts to locate the individuals listed in the Notice of Hearing by Publication (JDF 716). This form must be signed in the presence of a Court Clerk or Notary Public.

Step 4:

Notice of Hearing to Minor with Personal Service Affidavit.

This only applies when the minor is 12 or older. You must personally serve the minor at least ten days prior to the hearing. Helpful Hints to complete personal service: Select the Sheriff's Department, a private process server, or someone you know who is 18 years or older, who is not involved in the case, and who knows the rules of service. Take a copy of the Notice (JDF 807) and copies of all documents filed with the Court and request that the sheriff, private process server, or person serving the documents to personally deliver the documents to the person indicated in the Notice. Request the sheriff, private process server, or person serving the documents to return the completed Personal Service Affidavit to the Petitioner. The Petitioner should then file the original Notice of Hearing to Respondent/Minor with Personal Service Affidavit (JDF 807) together with the Clerk of the Court.

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Step 5:

Hearing

The Petitioner must appear at the hearing and should be prepared to present evidence showing why the conservatorship is in the child's best interests. Be prepared to present evidence to show that the parents are aware of the proceedings and that they consent to the conservatorship. If the Petitioner cannot prove that the parents consent to the conservatorship then he/she must be prepared to present evidence showing that the parents are either unwilling or unable to manage the child's financial affairs. If the minor is 12 years of age or older he/she should appear at the hearing to present his/her issues with the appointment of a conservator. If the minor can not attend the hearing for medical or other reasons, the Petitioner must file a Motion to Excuse the minor and attach appropriate documentation to support the motion, such as a physician's letter. If you are appointed, the Court will issue Letters (JDF 863) as a formal notice of the appointment and provide you with a copy of the Order Appointing Conservator. You may need certified copies of Letters and Orders that will vary depending on your circumstances. Copies of the Order must be provided to all interested persons identified in the Order. The Court will mail/e-file the Order.

Step 6:

Requirements After the Court Appoints a Conservator.

Refer to the Order Appointing Conservator for a Minor to determine if/when the Conservator's Inventory with Financial Plan and Conservator's Report are due. The Conservator's Inventory with Financial plan is normally required within 60 days following the appointment. If ordered to complete, they must be provided to the persons listed in the Order of Appointment. Complete a Conservator's Inventory with Financial Plan (JDF 882), if required. Only complete the caption on the Order Regarding Approval of Inventory with Financial Plan (JDF 883). The Court will complete the remainder of the form following review of JDF 882. Refer to the Order Appointing Conservator - Minor (JDF 862) to determine if the Conservator is required to submit an annual Conservator's Report (JDF 885). The purpose of this report is to give details to the Court and interested person regarding management of the minor's financial affairs.

Note:
A Conservator's Manual is available to assist the newly appointed Conservator. This manual identifies general responsibilities and important Conservatorship issues, along with completed sample forms to assist the preparer.

The responsibilities of the conservator continue until the Court terminates the conservatorship. Resignation of a conservator does not terminate the conservatorship until approved by the Court.

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