A guardianship case is started by the filing of a Petition for the Appointment of a Guardian for an Incapacitated Person by the petitioner in the place where the incapacitated person resides or is present. A conservatorship case is started by the filing of a Petition for the Appointment of Conservator by the petitioner in the place where the incapacitated person resides, or, if he or she does not reside in Colorado, any place where he or she has property. Typically, the two petitions are filed at the same time. However, it is not unusual to file only for one or the other or to file the actions at different times, depending on the facts of the case.
A physician's letter, setting forth the alleged incapacitated person's medical circumstances and the need for a guardianship and/or conservatorship, is required. If the petitioner cannot procure such a letter, the court has the authority to order an evaluation of the incapacitated person. A Return of Service, indicating that the alleged incapacitated person has been personally served with the notice and the petition, and a Certificate of Mailing, indicating that the other appropriate individuals have received notice, must be filed with the court prior to the hearing. Once the hearing has been held and the court has determined that the appointment is appropriate, Orders are signed by the judge and the probate registrar issues Letters, which are the documents used by the guardian and conservator to evidence his or her authority to act on behalf of the protected person. For more answers, please contact firstname.lastname@example.org.
Disclaimer: This answer was provided by an attorney selected to Super Lawyers, and is intended to be an educated opinion only. This answer should not be relied upon as legal advice, nor construed as a form of attorney-client relationship.
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