Free INSTRUCTIONS FOR APPOINTMENT OF A CONSERVATOR (ADULT) - Colorado


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INSTRUCTIONS FOR APPOINTMENT OF A CONSERVATOR - ADULT
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 an attorney.

GENERAL INFORMATION
The Respondent must be a resident in the county in which you are filing the petition, or, if the Respondent does not reside in this state, must own property in the county in which you are filing the petition pursuant to 15-14108, C.R.S. The person to be protected or a person interested in the welfare of the person to be protected 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 an adult with or without restrictions if it is determined that the respondent is unable to manage his/her property due to some type of incapacity. The petitioner must also show the respondent has assets which will be wasted without proper management. 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 Persons: Letters: Conservator Nominee: Respondent: Ward: Order: A person who files a Petition for the Appointment of a Conservator. A person at least 21, 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. A person named in the petition to serve as the Conservator. A person for whom the appointment of a Conservator is required. The title of the Respondent once the Court appoints a 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 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 The Court must appoint a Court Visitor and 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 Respondent. The Court may also appoint an attorney for the Respondent to serve as an advocate for the Respondent. The Petitioner or the Respondent may be required to pay the hourly fee of the Court Visitor, GAL or Respondent's Counsel.
JDF 875 R7/08 INSTRUCTIONS FOR APPOINTMENT OF A CONSERVATOR - ADULT Page 1 of 5

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 - Adult). 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 876 JDF 880 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 Petition for Appointment of Conservator Letters of Conservatorship - Adult 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 an Adult. The caption below must be completed on all forms filed. Be sure to make a copy for your own records of all of the forms you file with the Court.

District Court Denver Probate Court __________________________________ County, Colorado Court Address: In the Interests of: Respondent 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 (JDF 876) The Petitioner must complete all applicable sections on the form. This form must be signed in the presence of a Court Clerk or Notary Public. 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.

JDF 875

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Obtain and attach a name-based criminal history record check 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 Respondent. 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. Letters of Conservatorship - Adult (JDF 880). Only complete caption on the form. The Court will complete the remainder of the form and sign it the form 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 Interested Persons. (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.
The Respondent's spouse, if married. The Respondent's parents, if living. The Respondent's adult children, if any. Any current Guardian or Conservator for the Respondent whether appointed in this state or elsewhere. Any person who has care and custody of the Respondent, including the Respondent's treating physician. Any adult with whom the Respondent has resided for more than six months within one year before the filing of the Petition, 15-14-304(2)(b)(I)(A) 7. Any adult relative nearest of kin, if there is no spouse, parent, or adult children. 8. Any legal representative of the Respondent 9. Any person the Respondent nominated to be Conservator. 1. 2. 3. 4. 5. 6.

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Service by Mail.
If you know the addresses of the interested persons, fill out the Notice of Hearing to Interested Persons (JDF 806). 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 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 an interested person 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 Respondent with Personal Service Affidavit.

You must personally serve the Respondent at least ten business 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.

Step 5:

Hearing

The Petitioner and Respondent must appear at the hearing, unless excused by the Court for good cause. If the Respondent can not attend the hearing for medical or other reasons, the Petitioner must file a Motion to Excuse the Respondent and attach appropriate documentation to support the motion, such as a physician's letter. The Respondent may participate in the hearing and present evidence regarding his or her need for protection.

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The Petitioner should be prepared to present evidence as to why the conservatorship is necessary and that the interested persons are aware of the proceedings. If you are appointed, the Court will issue Letters (JDF 880) 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 that will vary depending on your circumstances.

Step 6:

Requirements After the Court Appoints a Conservator.

Refer to the Order Appointing Conservator to determine 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. These completed forms must be provided to the persons listed in the Order of Appointment. Complete Conservator's Inventory with Financial Plan (JDF 882). Only complete the caption on the Order Regarding Approval of Conservator's Inventory with Financial Plan (JDF 883). The Court will complete the remainder of the form following review of the Financial Plan with Inventory. Refer to the Order Appointing Conservator for Adult to determine when the Conservator is required to submit the annual Conservator's Report (JDF 885). The purpose of the Conservator's Report is to give details to the Court and interested persons regarding management of the Ward'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. The Court may terminate the conservatorship if the Ward no longer meets the standard for establishing the Conservatorship. Resignation of a conservator does not terminate the conservatorship until approved by the Court.

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