Conservator

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

There are several fees to be paid during the conservatorship petition process and the fee amounts vary by county.

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

Multiple forms and documents must be submitted to the Court at each step of the process.

Initial Petition

To start the process of petitioning for a conservatorship of an at-risk individual, the following forms and documents must be filed with the District Court of the county where the at-risk individual resides.
The Petitioner completes the JDF 876 to provide the Court with information about the Respondent, including their living situation and the reasons the individual may need a cCnservator.
The Conservator Nominee (who may be the same person as the Petitioner) completes the JDF 805 to accept the nomination and to provide information for the Court to judge their suitability to serve as conservator. This form must also be accompanied by the following evidence, and any costs incurred must be paid by the Conservator Nominee.
Submit a legible copy of the Conservator Nominee’s driver’s license, passport or other government-issued identification.
Submit a current credit report of the Conservator Nominee from a credit bureau such as TransUnion, Experian, or Equifax. Redact all Social Security Numbers, and all but the last four digits of all account numbers.
Submit a name-based criminal history record check from Colorado Bureau of Investigation (CBI) for the Conservator Nominee. A record check can be requested online at www.cbi.state.co.us, under the Public Background Check section.
The JDF 880 is submitted blank for the Court's use. Complete only the caption at the top, with the information about the case. The Court will complete the remainder of the form and sign it if a Conservator is appointed.
A JDF 877 is used for temporary or emergency situations. A JDF 878 is the permanent form. The JDF 877 or JDF 878 is submitted blank for the Court's use. Complete only the caption at the top, with the information about the case. The Court will complete the remainder of the form and sign it if a Conservator is appointed.
Any interested person who would otherwise need to be served notice of the court action in the next phase can complete a JDF 719 and waive the need to be separately served. The Respondent cannot waive service and should not complete this form.
The Conservator Nominee completes the JDF 721 only if he or she lives outside of Colorado. The JDF must be signed before a Court Clerk of Notary Public. The form allows the Court to accept all service and notices for the nominee, and to allow the Court to send those documents to a permanent mailing address of the nominee.

Notice and Service

After filing the documents above with the Court and paying the filing fee, all interested person(s) need to be served notice of the date, time and location of the Court case to allow them to participate. The Respondent's spouse, civil union partner, parent(s), and child(ren) are all interested person(s) or if the respondent has none of the preceding relations, any adult relative nearest of kin. Additional interested person(s) include any currently appointed Guardian or Conservator in any state, any person who has care and custody of the Respondent (including the Respondent's physician), any adult who the Respondent readied with for more than six months in the year before the filing, any legal representative of the Respondent, or any nominee of the Respondent to be conservator.
If the address of any interested person(s) are known, the Petitioner should complete a JDF 806 and mail a copy to all interested person(s). The Petitioner also completes and files the Certification of Service section with the Court to certify all interested person(s) with known addresses have been served.
If the address of any interested person is unknown, the Petitioner must serve notice by publication in a newspaper of general circulation in the county of the Court. The Petitioner should complete a JDF 716 provide to the newspaper for publication of the relevant information. The notice must be published once a week for three consecutive weeks, with the last date of publication being at least 14 days before the hearing date.
The Petitioner completes a JDF 714 and files it with the Court to certify that all interested person(s) with unknown addresses have been sufficiently service notice by publication. The JDF 714 must be accompanied by Proof of Publication from the newspaper.

Proof of publication by publisher

The publisher of the newspaper must provide a signed affidavit of publication to certify to the Court that the newspaper published the notice. This must accompany the JDF 714.
The Petitioner must complete a JDF 807 and personally serve a copy of it to the Respondent at least 14 days prior to the hearing. The service must be performed by the county Sheriff's Department, a private process server, or an uninvolved adult who knows the rules of service. The server must complete the Return of Service section of the form. The Petitioner then files the completed JDF 807 with the Court.

Hearing

Both the Petitioner and Respondent must attend the Hearing. Interested person(s) are not required to attend. If the Respondent cannot attend, the Petitioner should file a Motion to Excuse the Respondent and attach appropriate documentation. During the hearing the Petitioner and Respondent will have a chance to present evidence in the case.
If the Court appoints a Conservator, it will complete the JDF 880 initially filed by the Petitioner and provide it to the Conservator.
If the Court appoints a Conservator, it will complete the Order JDF 877 or JDF 878 initially filed by the Petitioner and provide it to the Conservator. Copies of the Order must be provided to all interested person(s) identified in the Order.

Post-Appointment Filings

After the Court has appointed a Conservator, the Conservator must file several additional forms with the Court to report the condition of the ward's affairs. The Conservator is also responsible for ongoing filings with the Court until the conservatorship is terminated.
The Conservator completes a JDF 800 to certify to the court that he or she has reviewed all the required training, and understand the legal responsibilities he or she bears to the Court and to the ward.
The Conservator completes a JDF 705 to identify the ward and the Conservator to the Court. The initial Letters will not be issued before this form is filed. This form must be re-filed any time there is a change in the Conservator, including co-Conservators and successor Conservators.
The Conservator completes a JDF 705 to identify the ward and the Conservator to the Court. The initial Letters will not be issued before this form is filed. This form must be re-filed any time there is a change in the Conservator, including co-Conservators and successor Conservators.
The Conservator will submit a blank JDF 883, completing only the caption at the top with information about the case. The Court will complete the remainder of the form based on the JDF 882 plan.
Within 30 dates of the appointment of the Conservator, the ward and all interested persons must be served with a JDF 885 and an attached copy of the Order (JDF 878 or JDF 877). The JDF 885 and the Certificate of Service section must then be filed with the Court by the Conservator.
The Court will determine when the Conservator must file an annual report of the state of the ward's affairs on the JDF 885. The filing deadline will be listed in the Order (JDF 878 or JDF 877).
 

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