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Colorado defines a
conservator as one
who is appointed by
the court to manage
the estate (or
assets) of another
person who is unable
to manage their
property and affairs
themselves.
The appointment of a
conservator is not
necessarily a
declaration of
incapacity.
Under both
proceedings, the
evidence presented
to support the
appointment must be
"clear and
convincing," a
higher standard in
the law.
Obtaining a
guardianship and/or
conservatorship can
be a lengthy
procedure, often
taking around six
weeks to get to a
hearing.
Notice must be given
to the person over
whom a guardianship
and/or
conservatorship is
being sought.
This notice must be
by personal service
by a process server.
Notice also must be
given to all persons
interested in the
case, including the
treating physician.
The person seeking
appointment is
generally required
to provide a
criminal background
check and a credit
report to the court
prior to
appointment, and
must disclose any
other involvement in
court proceedings.
Once a guardian
and/or conservator
is appointed, the
court will issue
"Letters of
Guardianship" and/or
"Letters of
Conservatorship."
This document is the
proof of authority
to act.
An
expedited procedure
is available in
"emergencies" but
the definition of
"emergency" is
strict.
After appointment,
the court continues
to monitor the
actions of the
guardian and/or
conservator.
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