Chapter 19 - EXHIBIT 19B • CONSERVATORSHIP FORMS CHECKLIST

• Jurisdiction: Colorado

EXHIBIT 19B • CONSERVATORSHIP FORMS CHECKLIST

All forms listed below are included in your CBA-CLE dashboard PDF e-Book.

Conservatorship for Minor

JDF #	Title of Pleading	Statute or Colo. Rules of Probate Procedure	Comment
861	Petition for Appointment of Conservator - Minor	15-14-401, -405, or -412(3)	Use only if minor is under 18 years of age. Use also for minor special conservator or single transaction.
805	Acceptance of Office	15-14-110	File prior to hearing. Attach CBI background report, credit report, and driver's license, passport, or other government-issued ID. Redact SS# and account #s.
721	Irrevocable Power of Attorney Designating Clerk of Court as Agent	C.R.P.P. 26	Required if conservator is non-resident.
807	Notice of Hearing to Respondent w/ Personal Service Affidavit (Adult or Minor)	15-14-113, -404(1)	Personal service on minor if age 12 or older 14 days prior to hearing. Minor may not waive service. 15-14-114.
806	Notice of Hearing to Interested Persons	15-14-113, -404(2)	Service by mail 14 days. Include parents unless rights have been terminated or they are petitioners. File all notices prior to hearing.
714	Affidavit Re Due Diligence and Proof of Publication	15-10-401(1)(c), (3)	Use to support Notice of Hearing by Publication if interested person cannot be found.
716	Notice of Hearing by Publication	15-10-401(1)(c), (3)	Publish at least 1 x week for 3 weeks, with last date being at least 14 days prior to hearing.
719	Waiver of Notice	15-14-114	Minor/respondent may not waive service.
862	Order Appointing Conservator -Minor	15-14-409	Prepare for court and carefully specify restrictions if any. Conservatorship continues until minor is 21.
877	Order Appointing Special Conservator - Adult or Minor	15-14-405(2), -412(3)	The authority of the special conservator must be carefully stated. Reasonable notice should be provided when possible, but is not required in emergency.
Form Deleted	Bond of Conservator	15-14-415, -416, and -110, C.R.P.P. 29	Bond is required unless waived for good cause. Surety on bond usually has own form that may be filed with the court before letters will issue.
863	Letters of Conservatorship - Minor	15-14-110	Prepare for court. Anticipate number of certified copies required.
800	Acknowledgment of Responsibilities - Conservator and/or Guardian		This is a new form that some courts may use to help ensure that the conservator understands the duties imposed.
812	Notice of Appointment of Guardian and/or Conservator	15-14-409(3)	Due within 30 days of appointment. Mail to respondent. and others listed in petition. Attach order.
882	Conservator's Financial Plan with Inventory and Motion for Approval	15-14-418 and -419, C.R.P.P. 28	Due within 60 days. Consolidates former CPC 20 and 29-FP. Motion to Approve should not be necessary as court is required to approve, but best practices may suggest setting it for non-appearance hearing.
883	Order Re Conservator's Financial Plan	15-14-418 and -419, C.R.P.P. 28	Prepare for court. Court should review and approve within 30 days unless set sooner for non-appearance.
885	Conservator's Report	15-14-420, C.R.P.P. 2(3), 31(b), 31.1	Due annually. Consider filing Motion to Allow as permitted at 15-14-420(1) to settle liabilities.

RESTRICTED ACCOUNTS CONSERVATORSHIP Adult & Minor (continued)
866	Order for Deposit of Funds to Restricted Account	15-14-415	Use restricted accounts as alternative to bond.
867	Acknowledgment of Deposit of Funds to Restricted Account	15-14-415	Must be filed with the court to verify compliance with JDF 866.
868	Motion to Withdraw Funds from Restricted Account	15-14-415	May be used with JDF 712, Notice of Non-Appearance Hearing, reasonable and uncontested.
869	Order Allowing Withdrawal of Funds from Restricted Account	15-14-415	File with JDF 868.
870	Restricted Account Log	15-14-415	Court is likely to maintain this log. Use it to monitor conservatorship activity.
TERMINATING CONSERVATORSHIP
888	Petition for Termination of Conservatorship	15-14-428, -431, C.R.P.P. 30.1 and 31.1	Note: A separate Schedule of Distribution is no longer required. Advise court promptly of death of protected person. Identify whether assets should be restored to protected person if disability has terminated, distributed to PR or other successors in interest, or if minor is 21.
806	Notice of Hearing to Interested Persons		Set matter for hearing if issues cannot be resolved. (Use JDF 711 if protected person is deceased.)
712	Notice of Non-Appearance Hearing Pursuant to C.R.P.P. 8.8	C.R.P.P. 8.8	Use appropriately if no objections are anticipated. If minor is 21, court may not require hearing.
889	Waiver of Hearing, Waiver of Final Conservator's Report, Waiver of Audit, and Approval of Schedule of Distribution		Consider using waivers to speed along process in uncontested matters. It may be better practice to obtain waiver than rely upon lack of objection under C.R.P.P. 8.8 non-appearance hearing.
853	Notice of Death	15-14-431(1)	Note: Some courts have required a copy of death certificate, though statute does not require it.
885	Conservator's Report	15-14-420, C.R.P.P. 2(3), 31(b), 31.1	Consider filing Motion to Allow as permitted at 15-14-420(1) to settle liabilities.
890	Order Terminating Conservatorship	15-14-431	Transfer remaining assets per order and obtain Receipt and Release.
731	Receipt and Release	15-14-431(5)	File with court to obtain Decree of Final Discharge.
730	Decree of Final Discharge	15-14-431(6)	Furnish copy to surety on bond, if any.
SPECIAL CONSERVATOR (fka Emergency Conservatorship)
876	Petition for Appointment of Special Conservator - Adult	15-14-403, -406(6), -412(3)	Use same form as for conservatorship. See above. Insert SPECIAL in caption, and highlight emergent facts that justify bypassing notice and due process.
805	Acceptance of Office	15-14-110	File prior to hearing. Attach CBI background report, credit report, and driver's license, passport, or other government-issued ID. Redact SS# and account #s.
721	Irrevocable Power of Attorney Designating Clerk of Court as Agent	C.R.P.P. 26	Required if conservator is non-resident.
877	Order Appointing Special Conservator - Adult or Minor	15-14-405(2), -406(6), -412(3)	The authority of the special conservator must be carefully stated. Reasonable notice should be provided when possible, but is not required in emergency.
880	Letters of Conservatorship - Adult	15-14-110	Prepare for court. Anticipate number of certified copies required.

A special conservator may be appointed...