(1) Upon petition and after notice and hearing, the court may appoint a limited or unlimited conservator or make any other protective order provided in this part 4 in relation to the estate and affairs of:
(a) A minor, if the court determines that the minor owns money or property requiring management or protection that cannot otherwise be provided or has or may have business affairs that may be put at risk or prevented because of the minor's age, or that money is needed for support and education and that protection is necessary or desirable to obtain or provide money; or
(b) Any individual, including a minor, if the court determines that, for reasons other than age:
(I) By clear and convincing evidence, the individual is unable to manage property and business affairs because the individual is unable to effectively receive or evaluate information or both or to make or communicate decisions, even with the use of appropriate and reasonably available technological assistance, or because the individual is missing, detained, or unable to return to the United States; and
(II) By a preponderance of evidence, the individual has property that will be wasted or dissipated unless management is provided or money is needed for the support, care, education, health, and welfare of the individual or of individuals who are entitled to the individual's support and that protection is necessary or desirable to obtain or provide money.
Source: L. 2000: Entire part R&RE, p. 1802, § 1, effective January 1, 2001 (see § 15-17- 103).
Editor's note: This section is similar to former § 15-14-401 as it existed prior to 2001.
Notes of Decisions
In the Interest of Neher v. Neher, 2015 COA 103 (Colo. Ct. App. 2015).
· cites it 15× “¶28 Therefore, we conclude that section 15-14-401 does not require medical evidence.”
Moffett v. Life Care Centers of Am., 219 P.3d 1068 (Colo. 2009).
· cites it 4× “(2009); § 15-14-401, C.R.S. (2009), the individual herself selects the person empowered to act on her behalf through a POA, see § 15-14-500.”
Dep't of Vets. Affairs v. Borf, N.A., 343 P.3d 1072 (Colo. Ct. App. 2014).
· cites it 2× “§ 15-14-401(1)(b), C.R.S8.2014. 15 The order of priority relevant to selecting a conservator is similar to that applicable to a guardian.”
Sweeney v. Summers, 571 P.2d 1067 (Colo. 1977).
· cites it 7× “1973, and sections 15-14-401, et seq., C.R.S. 1973.”
Miller v. Ibarra, 746 F. Supp. 19 (D. Colo. 1990).
· cites it 4× “Although it is true that probate courts can act in the best interest of the plaintiffs pursuant to Colo. Rev.Stat. § 15-14-401 and § 15-14-409, such courts do not act as the plaintiffs themselves.”
In Re Est. of Gallavan, 89 P.3d 521 (Colo. Ct. App. 2004).
· cites it 4× “The appointment of a conservator does not include a finding of “incapacity.” In fact, when decedent wrote her will, the version of § 15-14-408(6) then in effect provided that “[a]n order .”
Neves v. Potter, 769 P.2d 1047 (Colo. 1989).
· cites it 2× “See § 15-14-401, 6B C.R.S. (1987) (detailing court's power to appoint a conservator to oversee a minor's estate and affairs).”
Rodriguez Ex Rel. Rodriguez v. Healthone, 24 P.3d 9 (Colo. Ct. App. 2001).
“In addition, § 15-14-401(8) provides that a conservator may be appointed if a court determines that a person is unable to manage his or her affairs because of a disability, "such as mental illness, mental deficiency, physical illness or disability .”
Matter of Est. of Hill, 713 P.2d 928 (Colo. Ct. App. 1985).
“The protected person petitioned for appointment of a conservator pursuant to § 15-14-401, et seq., C.R.S., stating that she could not effectively manage her property and affairs because of her advanced age.”
In Re Est. of Hickle v. Carney, 748 P.2d 360 (Colo. Ct. App. 1987).
· cites it 3× “Section 15-14-401(3), C.R.S., authorizes the appointment of a conservator only if “the court determines that the person is unable to manage [her] property and affairs effectively for reasons such as mental illness.”
Jenkins v. Mesa Cnty. Dist. Court, 620 P.2d 721 (Colo. 1980).
· cites it 6× “Jenkins, a protected person pursuant to an order of the respondent district court, entered in accordance with section 15-14-401, C.R.S. 1973, petitions for an order to compel respondents to change the venue of his conservatorship.”
Plettner v. Almon, 713 P.2d 928 (Colo. Ct. App. 1985).
“The protected person petitioned for appointment of a conservator pursuant to § 15-14-401, et seq., C.R.S., stating that she could not effectively manage her property and affairs because of her advanced age.”
— Colo. Rev. Stat. § 15-14-401(1) — 1 case
Sweeney v. Summers, 571 P.2d 1067 (Colo. 1977).
“1973, and sections 15-14-401, et seq., C.R.S. 1973.”
— Colo. Rev. Stat. § 15-14-401(1)(b) — 4 cases
Dep't of Vets. Affairs v. Borf, N.A., 343 P.3d 1072 (Colo. Ct. App. 2014).
“§ 15-14-401(1)(b), C.R.S8.2014. 15 The order of priority relevant to selecting a conservator is similar to that applicable to a guardian.”
Moffett v. Life Care Centers of Am., 219 P.3d 1068 (Colo. 2009).
“(2009); § 15-14-401, C.R.S. (2009), the individual herself selects the person empowered to act on her behalf through a POA, see § 15-14-500.”
— Colo. Rev. Stat. § 15-14-401(1)(b)(I) — 1 case
— Colo. Rev. Stat. § 15-14-401(1)(b)(II) — 1 case
— Colo. Rev. Stat. § 15-14-401(3) — 5 cases
Miller v. Ibarra, 746 F. Supp. 19 (D. Colo. 1990).
“Although it is true that probate courts can act in the best interest of the plaintiffs pursuant to Colo. Rev.Stat. § 15-14-401 and § 15-14-409, such courts do not act as the plaintiffs themselves.”
Sweeney v. Summers, 571 P.2d 1067 (Colo. 1977).
“1973, and sections 15-14-401, et seq., C.R.S. 1973.”
In Re Est. of Hickle v. Carney, 748 P.2d 360 (Colo. Ct. App. 1987).
“Section 15-14-401(3), C.R.S., authorizes the appointment of a conservator only if “the court determines that the person is unable to manage [her] property and affairs effectively for reasons such as mental illness.”
Jenkins v. Mesa Cnty. Dist. Court, 620 P.2d 721 (Colo. 1980).
“Jenkins, a protected person pursuant to an order of the respondent district court, entered in accordance with section 15-14-401, C.R.S. 1973, petitions for an order to compel respondents to change the venue of his conservatorship.”
— Colo. Rev. Stat. § 15-14-401(8) — 1 case
Rodriguez Ex Rel. Rodriguez v. Healthone, 24 P.3d 9 (Colo. Ct. App. 2001).
“In addition, § 15-14-401(8) provides that a conservator may be appointed if a court determines that a person is unable to manage his or her affairs because of a disability, "such as mental illness, mental deficiency, physical illness or disability .”
— Colo. Rev. Stat. § 15-14-401(l)(b) — 1 case
In Re Est. of Gallavan, 89 P.3d 521 (Colo. Ct. App. 2004).
“The appointment of a conservator does not include a finding of “incapacity.” In fact, when decedent wrote her will, the version of § 15-14-408(6) then in effect provided that “[a]n order .”
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