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2022 Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 14 - Persons Under Disability - Protection
Part 4 - Protection of Property of Protected Person
§ 15-14-416. Terms and Requirements of Bond
Universal Citation:
CO Code § 15-14-416 (2022)
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- The following rules apply to any bond required:
- Except as otherwise provided by the terms of the bond, sureties and the conservator are jointly and severally liable.
- By executing the bond of a conservator, a surety submits to the jurisdiction of the court that issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the conservator in which the surety is named as a party. Notice of any proceeding must be sent or delivered to the surety at the address shown in the court records at the place where the bond is filed and to any other address then known to the petitioner.
- On petition of a successor conservator or any interested person, a proceeding may be brought against a surety for breach of the obligation of the bond of the conservator.
- The bond of the conservator may be proceeded against until liability under the bond is exhausted.
- Unless otherwise directed by the court, the cost of the bond shall be paid from the protected person's estate.
- A proceeding may not be brought against a surety on any matter as to which an action or proceeding against the primary obligor is barred.
- If there is a request for the waiver or reduction of a surety upon a bond, the court may require the conservator to supply the court with a credit report, a statement of the conservator's assets, liabilities, income, and expenses, and a statement about any interests the conservator may have in or liability to the conservatorship estate, or any other information the court may wish to consider.
Source: L. 2000: Entire part R&RE, p. 1817, § 1, effective January 1, 2001 (see § 15-17-103).
Editor's note: This section is similar to former § 15-14-412 as it existed prior to 2001.
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