2018 Colorado Revised Statutes
Title 15 - Probate, Trusts, and Fiduciaries
Colorado Probate Code
Article 14 - Persons Under Disability - Protection
Part 4 - Protection of Property of Protected Person
§ 15-14-406. Original petition - persons under disability - preliminaries to hearing
(1) Upon the filing of a petition for a conservatorship or other protective order for a respondent for reasons other than being a minor, the court shall set a date for hearing. The court shall appoint a visitor unless the petition does not request the appointment of a conservator and the respondent is represented by a lawyer. The duties and reporting requirements of the visitor are limited to the relief requested in the petition. The visitor must be a person who has such training or experience as the court deems appropriate.
(2) The court shall appoint a lawyer to represent the respondent in the proceeding if:
(a) Requested by the respondent;
(b) Recommended by the visitor; or
(c) The court determines that the respondent needs representation.
(3) The visitor shall interview the respondent in person and, to the extent that the respondent is able to understand:
(a) Explain to the respondent the substance of the petition and the nature, purpose, and effect of the proceeding;
(b) If the appointment of a conservator is requested, inform the respondent of the general powers and duties of a conservator and determine the respondent's views regarding the proposed conservator, the proposed conservator's powers and duties, and the scope and duration of the proposed conservatorship;
(c) Inform the respondent of the respondent's rights, including the right to employ and consult with a lawyer at the respondent's own expense, and the right to request a court-appointed lawyer; and
(d) Inform the respondent that all costs and expenses of the proceeding, including respondent's attorney fees, will be paid from the respondent's estate unless the court directs otherwise.
(4) In addition to the duties imposed by subsection (3) of this section, the visitor shall:
(a) Interview the petitioner and the proposed conservator, if any; and
(b) Make any other investigation the court directs.
(5) The visitor shall promptly file a report with the court, which must include:
(a) A recommendation as to whether a lawyer should be appointed to represent the respondent and whether a guardian ad litem should be appointed to represent the respondent's best interest;
(b) Recommendations regarding the appropriateness of a conservatorship, including whether less restrictive means of intervention are available, the type of conservatorship, and, if a limited conservatorship, the powers and duties to be granted the limited conservator, and the assets over which the conservator should be granted authority;
(c) A statement of the qualifications of the proposed conservator, together with a statement as to whether the respondent approves or disapproves of:
(I) The proposed conservator;
(II) The powers and duties proposed; and
(III) The scope of the conservatorship;
(d) A recommendation as to whether a professional evaluation or further evaluation is necessary; and
(e) Any other matters the court directs.
(6) While a petition to establish a conservatorship or for another protective order is pending, after preliminary hearing and without notice to others, the court may issue orders to preserve and apply the property of the respondent as may be required for the support of the respondent or individuals who are in fact dependent upon the respondent. The court may appoint a special conservator to assist in that task.
(7) Repealed.
