Colorado Conservatorship Questionnaire

State:
Multi-State
Control #:
US-Q1007
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a conservatorship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Once assigned, the job of a Colorado conservator comes with broad financial powers, as outlined under CO Rev Stat § 15-14-425 (2016), including: Filing of inventory and financial plans. Collect, hold and retain estate assets, including assets in which the conservator has a personal interest. Filing of annual reports.

A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.

The conservator must get permission from the court before doing things like selling the protected person's house. The appointment of a conservator does not automatically void the protected person's financial power of attorney unless the court orders otherwise.

A guardian is responsible for a protected person's well being; and personal care. A conservator is responsible for the person's estate or financial affairs.

The guardian should make decisions after consulting with the ward, taking into account the ward's wishes and personal values, to the extent that it is reasonably possible to do so. The guardian should encourage the ward to participate in decision-making.

Any person who is concerned about the well-being of the adult can file a guardianship case. You must be at least 21 years old to be the guardian for an adult. You can ask the court to name you as the guardian, or you can ask the court to name someone else who is at least 21 years old.

A conservatorship case is started by the filing of a Petition for the Appointment of Conservator by the petitioner in the place where the incapacitated person resides, or, if he or she does not reside in Colorado, any place where he or she has property. Typically, the two petitions are filed at the same time.

(2) A conservator shall take into account the limitations of the protected person, and to the extent possible, as directed by the order of appointment or the financial plan, encourage the person to participate in decisions, act in the person's own behalf, and develop or regain the ability to manage the person's estate ...

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Colorado Conservatorship Questionnaire