Colorado § 15-14-414 - Petition for order subsequent to appointment.

§ 15-14-414. Petition for order subsequent to appointment.

(1) A protected person or a person interested in the welfare of a protected person may file a petition in the appointing court for an order:

(a) Requiring bond or collateral or additional bond or collateral, or reducing bond or collateral;

(b) Requiring an accounting for the administration of the protected person's estate;

(c) Directing distribution;

(d) Removing the conservator pursuant to section 15-10-503 and appointing a special or successor conservator;

(e) Modifying the type of appointment or powers granted to the conservator if the extent of protection or management previously granted is currently excessive or insufficient or the protected person's ability to manage the estate and business affairs has so changed as to warrant the action; or

(f) Granting other appropriate relief.

(2) A conservator may petition the appointing court for instructions concerning fiduciary responsibility.

(3) Upon notice and hearing the petition, the court may give appropriate instructions and make any appropriate order.

(4) At the conclusion of the hearings authorized by this section, the court may review the motions and petitions filed by a party under this section to determine if they were substantially warranted and brought in good faith. If, after the hearing, the court determines that the motions and petitions filed under this section were not substantially warranted or were brought in bad faith, the court may award fees and costs against the movant or petitioner including, but not limited to, the attorney fees and costs incurred by the conservatorship, or the affected parties, in responding to the motions and petitions.

Source: L. 2000: Entire part R&RE, p. 1816, § 1, effective January 1, 2001 (see § 15-17-103). L. 2008: (1)(d) amended, p. 485, § 12, effective July 1.

Editor's note: This section is similar to former § 15-14-416 as it existed prior to 2001.

ANNOTATION

An evidentiary hearing is necessary to consider the factual circumstances to determine whether a petitioner is a person interested in the welfare of the incapacitated person. In re Estate of Edwards, 794 P.2d 1092 (Colo. App. 1990) (decided prior to 2000 repeal and reenactment).

Award of attorney fees under subsection (4) upheld. "Bad faith" involves conduct that is arbitrary, vexatious, abusive, stubbornly litigious, aimed at unwarranted delay, or disrespectful of trust and accuracy. Similarly, a motion or petition is "not substantially warranted" if it is not supported by any rational argument or credible evidence. In re Estate of Becker, 68 P.3d 567 (Colo. App. 2003).