A Colorado conservatorship is a court arrangement in which a judge appoints someone — a conservator — to manage the finances and property of an adult who cannot manage them alone. Under Title 15, Article 14, Part 4 of the Colorado Revised Statutes, the court will only make the appointment if the petitioner proves two things: the person lacks the ability to handle their property because of some form of incapacity, and real assets will be wasted without someone stepping in.1Colorado Judicial Branch. Instructions for Appointment of a Conservator – Adult Even when both are shown, the court must issue the least restrictive order that fits the situation and preserve as much of the protected person’s independence as possible.2Justia. Colorado Revised Statutes 15-14-409 – Findings and Order
A conservatorship covers money and property. It does not reach personal and medical decisions, which fall under a separate guardianship proceeding.
When the Court Will Appoint a Conservator
The two elements have to go together. Incapacity by itself is not enough, and neither is an estate that could be mismanaged in theory. The petitioner has to show both that the respondent cannot effectively manage their property and that assets will actually be wasted without proper management.1Colorado Judicial Branch. Instructions for Appointment of a Conservator – Adult If the court finds those grounds, it tailors the order to what the person actually needs. A conservator can be given full authority or limited authority, depending on what the respondent can still handle on their own.
How to File the Petition
A conservatorship starts with a petition filed in district court. Either the person who needs protection or anyone interested in that person’s welfare can file.1Colorado Judicial Branch. Instructions for Appointment of a Conservator – Adult The petition identifies the respondent, explains why they cannot manage their finances, and describes the assets at risk. Several supporting documents go with it, including an Acceptance of Office form from the proposed conservator, a copy of that person’s government-issued identification, and a probate case information sheet. An out-of-state proposed conservator must also submit an irrevocable power of attorney.
Notice is strict. The petition and hearing notice must be personally served on any respondent who is at least twelve years old. The notice has to explain the respondent’s rights, describe what a conservatorship means and what it will do, and tell the respondent they must appear in person unless excused. This service requirement is jurisdictional. If it is not followed, the court cannot grant the petition at all.3Colorado Public Law. Colorado Revised Statutes 15-14-404 – Notice Other interested persons named in the petition also get notice.
The Court Visitor Investigation
Before the hearing, the court appoints a visitor to look into the situation. The visitor is neutral. They meet with the respondent in person, explain the petition, go through the respondent’s rights, and ask what the respondent thinks about the proposal, including whether the respondent approves of the person proposed as conservator.1Colorado Judicial Branch. Instructions for Appointment of a Conservator – Adult
The visitor also interviews the petitioner and the proposed conservator, reviews financial records, and investigates whether something less restrictive than a conservatorship could meet the respondent’s needs. The resulting report tells the court whether a conservatorship is appropriate, whether it should be full or limited, whether the respondent needs an attorney, and whether a professional evaluation should be ordered. Judges give these reports serious weight.
Who the Court Will Pick as Conservator
Colorado law sets a priority order. A judge is not bound by a family member’s preference if someone higher on the list is available and suitable. The order runs:
- A conservator, guardian of the estate, or similar fiduciary already appointed in another state where the respondent lives.
- Someone the respondent nominated, including through a durable power of attorney or designated beneficiary agreement, as long as the respondent was at least twelve when they made the nomination.
- An agent under a durable power of attorney the respondent previously signed.
- A spouse or civil union partner.
- An adult child.
- A parent.
- An adult who lived with the respondent for more than six months immediately before the petition was filed.
When two or more candidates share a priority level, the court chooses the one it considers best qualified. For good cause, the court can also pass over a higher-priority candidate and pick someone further down or someone with no priority at all.4Justia. Colorado Revised Statutes 15-14-413 – Who May Be Conservator Priorities Prohibition of Dual Roles If no family member or nominee is appropriate, a professional fiduciary such as a bank or trust company can be appointed.
Background Check
Every proposed conservator, including relatives, must submit a name-based criminal history check from the Colorado Bureau of Investigation, a current credit report, and a signed Colorado Adult Protective Services authorization form. Social security numbers and financial account numbers have to be redacted before anything is filed.1Colorado Judicial Branch. Instructions for Appointment of a Conservator – Adult
Bond
The court must require a bond unless it enters specific written findings that one is unnecessary. The default amount is the value of estate property the conservator will control plus a year of estimated income, reduced by any assets locked behind court-order access or restrictions on sale. If no bond is required, the court can instead restrict the conservator’s ability to touch or transfer estate assets. The premium is paid from the protected person’s estate.5Justia. Colorado Revised Statutes 15-14-415 – Bond
What a Conservator Can Do
This is where the statute surprises people. Unless the appointment order says otherwise, a Colorado conservator has all the powers of a trustee and can exercise them without going back to court. That reaches collecting and holding assets, investing, buying and selling property (including real estate in other states), leasing, operating businesses, voting securities, and managing insurance.6Justia. Colorado Revised Statutes 15-14-425 – Powers of Conservator in Administration
That default is why the appointment order deserves close reading. The court can trim any of these powers and often does. A conservator handling a modest fixed-income estate might be limited to paying bills and running existing accounts, with any property sale requiring court approval. The larger the estate, the more carefully the family should look at what the order actually permits.
The conservator also has to take into account any known estate plan the protected person already has in place. An existing will or trust cannot simply be ignored.
Gifts Are Capped
A conservator may make gifts the protected person would have been expected to make, but only after the estate has enough to cover required distributions, and only up to twenty percent of the estate’s income in any calendar year.7Justia. Colorado Revised Statutes 15-14-427 – Principles of Distribution That keeps charitable or family giving patterns alive without draining the estate.
Annual Reports
A conservator has to file a report with the court every year unless the court sets a different schedule. Each report lists estate assets under the conservator’s control, accounts for all receipts and disbursements during the period, describes services provided to the protected person, suggests any changes to the conservatorship plan, and states whether the conservatorship is still needed.8FindLaw. Colorado Revised Statutes 15-14-420 – Reports Missing reports can bring court intervention or removal.
What the Protected Person Keeps
A conservatorship moves financial decision-making to someone else. It does not strip the protected person of their voice in the process.
The right to a lawyer is central. The court must appoint an attorney for the respondent if the respondent asks for one, if the visitor recommends it, or if the court decides representation is needed. Fees usually come out of the respondent’s estate unless the court orders otherwise.9Justia. Colorado Revised Statutes 15-14-406 – Procedure Concerning Hearing and Order on Original Petition The respondent does not have to show inability to pay. Asking is enough.
After the appointment, the protected person — or anyone interested in their welfare — can go back to court at any time to require a bond or additional bond, demand an accounting, direct distributions, remove the conservator, or adjust the conservator’s powers if the current level is too much or too little.10Colorado Public Law. Colorado Revised Statutes 15-14-414 – Petition for Order Subsequent to Appointment The court can review whether a petition was filed in good faith and award fees and costs against someone filing frivolous motions.
What It Costs
Most of the cost comes out of the protected person’s estate. The court filing fee for a guardianship or conservatorship petition in Colorado is $229.11Colorado Judicial Branch. List of Fees That covers the petition itself and nothing more. Attorney fees for the petitioner, attorney fees for the respondent, the visitor’s fees, any professional evaluation, and the bond premium are all separate expenses.
Both the conservator and the conservator’s attorney are entitled to reasonable compensation for work done for the estate. The court decides what is reasonable, weighing factors like the benefit provided to the estate and to the protected person.12Justia. Colorado Revised Statutes 15-10-602 – Recovery of Reasonable Compensation and Costs Professional fiduciaries bill hourly, with rates that vary with the complexity of the estate, and their fees are subject to the same court oversight. For a smaller estate, these ongoing costs add up quickly and are worth raising with the court early.
Ending or Changing a Conservatorship
A conservatorship is not meant to outlast the need for it. The protected person, the conservator, or anyone interested in the protected person’s welfare can petition to end it if the person no longer meets the statutory standard.13Justia. Colorado Revised Statutes 15-14-431 – Termination of Proceedings
The termination process uses the same safeguards as the original petition. The court must terminate unless it finds, by clear and convincing evidence, that continuing is both still legally warranted and still in the protected person’s best interest. That is a high bar for anyone arguing the arrangement should stay in place, and it reflects Colorado’s preference for restoring autonomy when the facts allow. When the protected person is the one asking to terminate, the court or the conservator can request appointment of an attorney, guardian ad litem, visitor, or professional evaluator, and a current evaluation of capacity is common.
Once a conservatorship ends, or the protected person dies, the conservator has sixty-three days after distributing the remaining estate assets to file a final report and petition for discharge, unless the court sets a different deadline.13Justia. Colorado Revised Statutes 15-14-431 – Termination of Proceedings The final report accounts for every transaction during the conservatorship, and the court must approve it before the conservator is formally released.