Colorado § 15-14-401 - Protective proceeding.

§ 15-14-401. Protective proceeding.

(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.

ANNOTATION

Law reviews. For article, "Due Process in Involuntary Civil Commitment and Incompetency Adjudication Proceedings: Where Does Colorado Stand?", see 46 Den. L.J. 516 (1969). For article, "Determination of Heirship by Special Proceedings and Temporary Conservationship", see 14 Colo. Law. 1781 (1985). For article, "Adult Guardianships: Protection of Constitutional Rights", see 15 Colo. Law. 820 (1986). For article, "Ethical Obligations of Petitioners' Counsel in Guardianship and Conservator Cases", see 24 Colo. Law. 2565 (1995). For article, "Legal Guidelines and Methods for Evaluating Capacity", see 32 Colo. Law. 65 (June 2003).

Annotator's note. Since § 15-14-401 is similar to § 15-14-401 as it existed prior to the 2000 repeal and reenactment of this part 4, relevant cases construing that provision have been included in the annotation to this section.

The trial court has a broad discretion in all matters relating to protected persons, which is exclusive. Sweeney v. Summers, 194 Colo. 149, 571 P.2d 1067 (1977).

A conservator may be appointed for a person other than a minor only if court makes specific factual finding that the ability to manage property is impaired. In re Estate of Hickle v. Carney, 748 P.2d 360 (Colo. App. 1987).

The appointment of a conservator under this section does not include a finding of "incapacity." In re Estate of Gallavan, 89 P.3d 521 (Colo. App. 2004).

Statute does not require medical evidence to make a proper determination of whether a person is impaired. A court can appoint a conservator without medical evidence of an impairment if the other requirements are met. Neher v. Neher, 2015 COA 103, 402 P.3d 1030.

Applied in Jenkins v. Mesa County Dist. Court, 620 P.2d 721 (Colo. 1980).