Petition For Appointment Of Conservator

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Petition For Appointment Of Conservator is a commonly used form within Colorado. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Petition For Appointment Of Conservator

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Appointment Of Conservator:

• This form pertains to the State of Colorado

• The current version of this form was last revised on June 1, 2019

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Colorado’s Form JDF 876 SC - Petition For Appointment Of Conservator up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Colorado form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Colorado probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form JDF 876 SC, take a break, and then review. Probate and estate settlement processes in CO are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form JDF 876 SC online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form JDF 876 SC witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Petition For Appointment Of Conservator to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Colorado.

5 reasons you should submit JDF 876 SC as quickly as possible:

1. The sooner you begin, the faster Colorado can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Colorado. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Colorado is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Colorado probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Colorado probate clerk or court for exact answers regarding Form JDF 876 SC, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Appointment Of Conservator is one of the many probate court forms available for download through Atticus.

It may also be available through some Colorado probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Colorado.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form JDF 876 SC - Petition For Appointment Of Conservator f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Colorado probate court office.

Petition For Appointment Of Conservator is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Colorado-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Colorado Form JDF 876 SC - Petition For Appointment Of Conservator. You can use this to get an idea of the context of the form and what type of information is needed.

JDF 876SC R6/19 PETITION FOR APPOINTMENT OF CONSERVATOR FOR ADULT Page 1 of 8 ❑District Court ❑Denver Probate Court ___________________ County, Colorado Court Address: In the Interest of: Respondent COURT USE ONLY Attorney or Party Without Attorney (name and address): Phone Number: E-mail: FAX Number: Atty. Reg. #: Case Number: Division Courtroom PETITION FOR APPOINTMENT OF CONSERVATOR FOR ADULT 1. ❑No court proceeding is pending in this state or elsewhere concerning the respondent. ❑The following proceeding(s) concern(s) the respondent. Identify name of court, case number, state, date, and type of proceeding if any. Name of Court Case Number State Date of Proceeding Type of Proceeding 2. The petitioner is: ❑a person who would be adversely affected by lack of effective management of the respondent’s property and business. ❑a person who is interested in the estate, financial affairs, or welfare of the respondent. ❑the respondent. This is a petition for appointment of a: ❑Permanent Conservator. ❑Special Conservator. While a petition to establish a conservatorship is pending, there is a need 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. (§ 15-14-406(6), C.R.S.) ❑Special Conservator. There is a need for a protective arrangement or other single transaction. A permanent conservatorship is not requested. (§ 15-14-412(3), C.R.S.) 3. Information about the petitioner: Name: List all names used (also known as, formerly known as, etc.): __________________________________________ Relationship to Respondent: Street Address: City: ______________________ State: ______________ Zip Code: ___________________ Mailing address, if different: City: State: Zip Code: JDF 876SC R6/19 PETITION FOR APPOINTMENT OF CONSERVATOR FOR ADULT Page 2 of 8 Primary Phone: _______________ Alternate Phone: ______________________ Email Address: Does Petitioner need an interpreter? ❑No ❑Yes (Language:______________________________) 4. Information about the respondent: Name: Age: Date of Birth: Street Address: City: _________________________ State: _________________ Zip Code: _______________________ Mailing Address, if different: City: State: Zip Code: Does Respondent need an interpreter? ❑No ❑Yes (Language:______________________________) ❑If this appointment is made, the Respondent’s dwelling will change to: 5. Information about the respondent’s spouse, partner in a civil union, or adult who has resided with the respondent for more than 6months in the last year: Name: Relationship to Respondent: Street Address: City: _____________________ State: _______________ Zip Code: __________________ Mailing Address, if different: City: State: Zip Code: Primary phone: ____________________ Alternate phone: ___________________________ Email Address: Does this person need an interpreter? ❑No ❑Yes (Language:______________________________) 6. Venue for this proceeding is proper in this county because the respondent ❑resides in this county. ❑does not reside in this state but has property in this county. 7. ❑A Power of Attorney exists for financial or medical matters. (Attach a copy to the petition.) The agent’s name and mailing address are: 8. ❑A valid designated beneficiary agreement exists. (Attach a copy of the agreement to the petition.) The designated beneficiary’s name and mailing address are: 9. ❑A conservator is required because the respondent is unable to manage property and business affairs because he or she is unable to effectively receive and evaluate information or both or to make or JDF 876SC R6/19 PETITION FOR APPOINTMENT OF CONSERVATOR FOR ADULT Page 3 of 8 communicate decisions, even with the use of appropriate and reasonably available technological assistance due to the following disabilities or impairments: ❑Physician’s letter attached. In addition: ❑the respondent has property which will be wasted or dissipated unless proper management is provided. and/or ❑the respondent, or persons entitled to the respondent’s support, require money for support, care, education, health, and welfare, and protection is necessary or desirable to obtain or provide money. 10. ❑A conservator is required because the respondent is missing, detained, or unable to return to the United States. The nature of the respondent’s disappearance or detention and any efforts to locate the respondent are as follows: 11. The petitioner requests the special conservator’s powers and duties be ❑unlimited/unrestricted or ❑limited/with restrictions. The property to be placed under the special conservator’s control and the requested limitations/restrictions on the special conservator’s powers and duties, if any, are as follows: 12. The petitioner requests the conservator’s powers and duties be ❑unlimited/unrestricted or ❑limited/with restrictions. The property to be placed under the conservator’s control and the requested limitations/restrictions on the conservator’s powers and duties, if any, are as follows: JDF 876SC R6/19 PETITION FOR APPOINTMENT OF CONSERVATOR FOR ADULT Page 4 of 8 13. ❑Petitioner is, 21 years of age or older, nominates himself or herself and requests to be appointed as conservator or special conservator. or ❑Petitioner nominates the following person, who is 21 years of age or older, to be appointed as conservator or special conservator. Name: List all names used (also known as, formerly known as, etc.): __________________________________________ Relationship to Respondent: Street Address: City: ________________________ State: ________________ Zip Code: ___________________ Mailing Address, if different: City: State: Zip Code: Primary phone: ____________________ Alternate phone: ___________________________ Email Address: Does this person need an interpreter? ❑No ❑Yes (Language:______________________________) 14. The nominated conservator has priority for appointment because he or she is: (§ 15-14-413, C.R.S.) ❑a conservator, guardian, or other fiduciary appointed or recognized by a court in another jurisdiction where the protected person resides. ❑nominated in writing by respondent, including nomination in a durable power of attorney or designated beneficiary agreement. ❑an agent appointed by the respondent to manage the respondent’s property under a durable power of attorney. ❑the spouse or partner in a civil union of the respondent. ❑an adult child of the respondent. ❑a parent of the respondent. ❑an adult with whom respondent has resided for more than 6months immediately before the filing of this petition. 15. ❑The respondent nominated the following person as conservator, but the petitioner does not seek that person’s appointment for the following reason: Name: List all names used (also known as, formerly known as, etc.): __________________________________________ Relationship to Respondent: Street Address: City: _____________________ State: _______________ Zip Code: ______________________ JDF 876SC R6/19 PETITION FOR APPOINTMENT OF CONSERVATOR FOR ADULT Page 5 of 8 Mailing Address, if different: City: State: Zip Code: Primary phone: _________________________ Alternate phone: _______________________ Email Address: 16. The conservator may receive compensation. ❑The hourly rates to be charged, any amounts to be charged pursuant to a published fee schedule, including the rates and basis for charging fees for any extraordinary services, and any other bases upon which a fee charged to the estate will be calculated, are as stated below or in an attachment to this petition. * ❑The basis of compensation has not yet been determined. * There is a continuing obligation to disclose any material changes to the basis for charging fees. (§ 15-10-602 C.R.S.) 17. The conservator may compensate his, her, or its counsel. ❑The hourly rates to be charged, any amounts to be charged pursuant to a published fee schedule, including the rates and basis for charging fees for any extraordinary services, and any other bases upon which a fee charged to the estate will be calculated, are as stated below or in an attachment to this petition. * ❑The basis of compensation has not yet been determined. * There is a continuing obligation to disclose any material changes to the basis for charging fees. (§ 15-10-602 C.R.S.) 18. Sections a and b below identify assets and the source and amount of anticipated income or receipts (public benefits, income, real property, proceeds from insurance policy, proceeds from pension, etc.), together with an estimate of the value. a. The respondent’s assets are: Description of Assets (e.g. bank accounts, insurance, pensions, property) ❑None. Estimated Value $ Total $ JDF 876SC R6/19 PETITION FOR APPOINTMENT OF CONSERVATOR FOR ADULT Page 6 of 8 b. The respondent’s income is: Description of Income (e.g. social security, pension and insurance) ❑None. Estimated Amount of Income $ Total $ 19. ❑The following person is currently acting as a ❑guardian and/or ❑conservator in Colorado or elsewhere: Name: Relationship to Respondent: Street Address: City: _______________________ State: __________________ Zip Code: _____________________ Mailing Address, if different: City: State: Zip Code: Primary phone: ____________________ Alternate phone: ___________________________ Email Address: Does this person need an interpreter? ❑No ❑Yes (Language:______________________________) 20. Information about adult children and parents. ❑None (If none, list an adult relative that can be found with reasonable efforts, such as a brother, sister, aunt, uncle, etc.): Name: Relationship: ❑Adult Child or ❑Parent Street Address: City: _______________________ State: __________________ Zip Code: _____________________ Mailing Address, if different: City: State: Zip Code: Primary phone: ____________________ Alternate phone: ___________________________ Email Address: Does this person need an interpreter? ❑No ❑Yes (Language:______________________________) Name: _____________________________________________ Relationship: ❑Adult Child or ❑Parent Street Address: City: _______________________ State: __________________ Zip Code: _____________________ Mailing Address, if different: City: State: Zip Code: Primary phone: ____________________ Alternate phone: ___________________________ Email Address: JDF 876SC R6/19 PETITION FOR APPOINTMENT OF CONSERVATOR FOR ADULT Page 7 of 8 Does this person need an interpreter? ❑No ❑Yes (Language:______________________________) Name: Relationship: Street Address: City: _______________________ State: __________________ Zip Code: _____________________ Mailing Address, if different: City: State: Zip Code: Primary phone: ____________________ Alternate phone: ___________________________ Email Address: Does this person need an interpreter? ❑No ❑Yes (Language:______________________________) 21. ❑The following person had the primary care and custody of Respondent during the 60 days prior to the filing of this Petition: Name: Relationship: Street Address: City: __________________ State: _________________ Zip Code: _____________________________ Mailing Address, if different: City: State: Zip Code: Primary phone: _____________________________ Alternate phone: _______________________ Email Address: Dates of Care: Does this person need an interpreter? ❑No ❑Yes (Language:______________________________) 22. Information about each person currently responsible for the primary care and custody of the Respondent, including the Respondent’s treating physician: ❑None Name of Treating Physician: Primary Phone: Alternate Phone: ______________________ Street Address: City: ____________________________ State: ____________________ Zip Code: ________________ Mailing Address, if different: City: State: ___ Zip Code: ________ Email Address: Name of Caregiver: Primary Phone: Alternate Phone: ________________________ Street Address: City: __________________________ State: _________________ Zip Code: ___________________ Mailing Address, if different: City: State: ___ Zip Code: ________ Email Address: JDF 876SC R6/19 PETITION FOR APPOINTMENT OF CONSERVATOR FOR ADULT Page 8 of 8 23. ❑The following person is a legal representative for the respondent not otherwise designated above. (Representative payee, trustee, custodian of a trust, etc. § 15-14-102(6), C.R.S.) Name: Type of Legal Representative: Street Address: ______________________________________________________________ City: ________________ State: ______________ Zip Code: ____________________ Mailing Address, if different: City: State: Zip Code: Primary Phone: ____________________________ Alternate Phone: _____________________________ Email Address: 24. The petitioner requests that appointment of a conservator be made after notice and hearing. ❑In addition, the petitioner requests the following: ❑ By checking this box, I am acknowledging I am filling in the blanks and not changing anything else on the form. ❑ By checking this box, I am acknowledging that I have made a change to the original content of this form. VERIFICATION I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct. Executed on the ______ day of Executed on the ______ day of (date) (date) _______________________, _________, _______________________, _________, (month) (year) (month) (year) at ______________________________________ at ______________________________________ (city or other location, and state OR country) (city or other location, and state OR country) _______________________________ _______________________________ (printed name) (printed name) _______________________________ _______________________________ (Signature of Petitioner) (Signature of Co-Petitioner, if any) ________________________________________ __________________ Attorney Signature, (if any) Date