When a Financial Power of Attorney (FPOA) is not in place and you are determined to be incapacitated and are unable to manage your finances, then a conservator will need to be appointed by the Court. A conservatorship takes time and money, so it is best to develop your FPOA when you are able to make decisions about your finances so you can designate who you want to be your agent.
A report must be written and filed with the Court once a year. Based on satisfactory performance, the conservator is reappointed for another year. This process is repeated every year.
Most of the time, the same person can’t be both the guardian and conservator for someone. When someone has low income, the guardian will also pay the person’s bills and manage their money.
Common Terms for Conservators
Conservator: A person at least 21 years of age, a resident or non-resident, who has been appointed by the Court to manage the financial affairs of another person.
Conservator Nominee: A person named in the petition to serve as the Conservator.
Court Visitor: A person who will interview the Respondent in person who will explain their rights and make recommendations to the Court.
Interested Persons: Persons identified by Colorado law who must be given notice of a court proceeding. Includes spouse, civil union partner, living parent(s), adult child(ren), any current guardians or conservators, and others.
Letters: Official document identifying the authority of the Conservator.
Order: Official document identifying the authority of the Conservator and their responsibilities during the Conservatorship.
Petitioner: A person who files a Petition for the Appointment of a Conservator
Respondent: A person for whom the appointment of a Conservator is required.
Ward: The title of the Respondent once the Court appoints a Conservator.
Fees for Conservatorship
Filing Fees
Paid to the Court when petition is filed
Amount varies by county
If unable to pay, complete a Motion to File without Payment and Supporting Financial Affidavit (form JDF 205). Once you submit the completed JDF 205 form and a blank Order Concerning Payment of Fees (JDF 206), the Court will decide whether to waive the fee.
Certification and Copy Fees
Paid to the Court for officially certified copies of documents such as Court Orders and Letters Testamentary
Flat rate certification fee (usually around $20)
Per page copy fee (usually around $0.75 per page)
Obtain enough copies of Orders and Letter to provide to all individuals and organizations to which you may be required to provide copies
Service Fees
Several documents and filings are required to be served to all or certain parties involved in the case
Service can be performed variously by 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, or for some forms by mail or publication
Fees will vary depending on the type of service needed.
Court Appointee Fees
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 Court may require either party to pay the hourly fee of the Court Visitor, GAL or Respondent’s Counsel.
Forms and Documents
Initial Petition
Notice and Service
Proof of publication by publisher
Hearing
Post-Appointment Filings
More Advance Directives

Financial Power of Attorney

Medical Orders for Scope of Treatment

Representative Payee

Medical Power of Attorney

Behavioral Health Order Form
