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Fill and Sign the Order Appointing Conservator for Adult Colorado Form

Fill and Sign the Order Appointing Conservator for Adult Colorado Form

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 District Court  Denver Probate Court ___________________ County, Colorado Court Address: In the Interest of: Protected Person COURT USE ONLY Case Number: Division Courtroom ORDER APPOINTING CONSERVATOR FOR ADULT Upon consideration of the Petition for Appointment of Conservator for the above person and hearing on (date), The Court finds that: 1. Venue is proper and required notices have been given or waived 2. An interested person seeks the appointment of a conservator. 3. The protected person’s best interest will be served by appointment of a conservator. The Court finds by clear and convincing evidence that a basis exists for a conservatorship because:  The protected person is unable to manage property and business affairs because of an inability 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  The protected person is missing, detained, or unable to return to the United States; The Court further finds by a preponderance of evidence that :  The protected person has property that will be wasted or dissipated unless proper management is provided. and/or  The protected person, or persons entitled to the protected person’s support, require money for support, care, education, health, and welfare; and protection is necessary or desirable to obtain or provide money. The Court has considered any expressed wishes of the Protected Person concerning the selection of the conservator. The Court has considered the powers and duties of the conservator, the scope of the conservatorship, and the priority and qualifications of the nominee. JDF 878 R12/14 ORDER APPOINTING CONSERVATOR FOR ADULT Page 1 of 3 © 2013, 2014 Colorado Judicial Department for use in the Courts of Colorado The Court appoints the following person as conservator of the protected person: Name: Street address: Mailing address, if different: City: State: Zip Code: Home phone #: Email address: Work phone #: The Court directs the issuance of Letters of Conservatorship as follows:  The conservator may exercise all the powers granted in C.R.S. §15-14-425, subject to the exclusions in C.R.S § 15-14-411.The powers and duties of the conservator are otherwise unrestricted.  The powers and duties of the conservator are limited by the following restrictions, if any:  The conservator shall not, without prior Court order, convey or encumber any real estate owned by the protected person. To insure notice of this prohibition, the conservator shall record the Letters evidencing appointment with the Clerk & Recorder of the County in which such real estate is located. The conservator shall provide proof of the recording to the Court. The Court orders the following: 1. The conservator shall notify the Court within 30 days if his/her home address, email address, or phone number changes and/or of any change of address for the protected person. 2. Within 30 days of appointment, the conservator shall provide a copy of this Order Appointing Conservator for Adult to the protected person and persons given notice of the Petition and shall advise those persons using Notice of Appointment of Guardian and/or Conservator (JDF 812) that they have the right to request termination or modification of the conservatorship. 3. The conservator shall file for approval with the Court a Conservator’s Inventory with Financial Plan (JDF 882) on or before (date within 90 days from appointment). The value of the assets must be reported as of the date of this Order. 4. The conservator shall file a Conservator’s Report (JDF 885) with the Court each year on or before (date). The time period covered in the report shall begin on (date) and end on (date). The conservator is required to maintain all supporting documentation, including receipts and disbursements. 5.  All financial powers of attorney, whether executed prior to or following the entry of this Order, are terminated, except as follows: JDF 878 R12/14 ORDER APPOINTING CONSERVATOR FOR ADULT Page 2 of 3 © 2013, 2014 Colorado Judicial Department for use in the Courts of Colorado 6. The conservator shall  serve without bond for the following reason(s):  serve with bond in the amount of $ _______________. The bond must be posted with the Court by ______________________ (date). If bond is posted by a surety, notice of any proceeding must be provided to the surety. 7. Copies of all future Court filings must be provided to the following: Name of Interested Person Relationship to the Protected Person The protected person Spouse or partner in a civil union Adult Children Parents Conservator 8. If the protected person is an “at risk elder,” and if conservator has reasonable cause to believe that the protected person has been abused or exploited or is at imminent risk of abuse or exploitation, conservator is required to make a report to law enforcement within twenty-four hours after the observation or discovery pursuant to C.R.S. § 18-6.5-108(1)(b)(XII). 9. The Court further orders: Date: __________________________ ______________________________________  Judge  Magistrate JDF 878 R12/14 ORDER APPOINTING CONSERVATOR FOR ADULT Page 3 of 3 © 2013, 2014 Colorado Judicial Department for use in the Courts of Colorado

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