Colorado § 15-14-404 - Notice.

§ 15-14-404. Notice.

(1) A copy of the petition and the notice of hearing on a petition for conservatorship or other protective order must be served personally on the respondent, if the respondent has attained twelve years of age, but if the respondent's whereabouts are unknown or personal service cannot be made, service on the respondent must be made by substituted service or publication. The notice must include a statement that the respondent must be physically present unless excused by the court, inform the respondent of the respondent's rights at the hearing, and, if the appointment of a conservator is requested, include a description of the nature, purpose, and consequences of an appointment. A failure to serve the respondent with a notice substantially complying with this subsection (1) is jurisdictional and thus precludes the court from granting the petition.

(2) In a proceeding to establish a conservatorship or for another protective order, notice of the hearing must be given to the persons listed in the petition. Failure to give notice under this subsection (2) does not preclude the appointment of a conservator or the making of another protective order.

(3) Notice of the hearing on a petition for an order after appointment of a conservator or making of another protective order, together with a copy of the petition, must be given to the protected person, if the protected person has attained twelve years of age and is not missing, detained, or unable to return to the United States, any conservator of the protected person's estate, and any other person as ordered by the court.

(4) A conservator shall give notice of the filing of the conservator's inventory, report, or plan of conservatorship, together with a copy of the inventory, report, or plan of conservatorship to the protected person and any other person the court directs. The notice must be delivered or sent within ten days after the filing of the inventory, report, or plan of conservatorship.

Source: L. 2000: Entire part R&RE, p. 1804, § 1, effective January 1, 2001 (see § 15-17-103). L. 2001: (1) amended, p. 889, § 8, effective June 1.

Editor's note: This section is similar to former § 15-14-405 as it existed prior to 2001.

ANNOTATION

Section does not address the probate court's subject matter jurisdiction, and failure to follow section's requirements does not divest the court of subject matter jurisdiction when the case falls within the class of cases that a probate court may hear. In Interest of Meggitt, 2021 COA 50, 488 P.3d 1220.