Conservatorship Attorney in Centennial, CO

Elder Law Guidance for Centennial Families, from Court Petitions to Advance Planning

When an adult can no longer manage their own financial affairs, a Colorado probate court can appoint a conservator to step in and protect their assets. Skipton Law helps Centennial families navigate this process as part of our elder law practice, which Skipton Reynolds has built since 2008. Whether a conservatorship has already become necessary or you want to put documents in place now to avoid one later, we can help you understand your options and take the right next step.

Conservatorship is a court-supervised arrangement in which a judge appoints someone to manage the financial affairs and property of an adult who can no longer do so effectively. Under Colorado’s Probate Code, a person qualifies when they can’t effectively receive or evaluate information, or make or communicate decisions, even with appropriate and reasonably available technological assistance. That condition is typically brought on by dementia, Alzheimer’s disease, severe injury, or other cognitive or physical decline.

If you’re facing this situation for a loved one, don’t wait until the problem gets harder to resolve. Call our Centennial conservatorship attorneys at (720) 770-3880 to schedule a consultation.

Conservatorship vs. Guardianship in Colorado

Families often use these terms interchangeably, but Colorado law treats them as separate roles. A conservator manages financial matters: paying bills, handling bank accounts, overseeing investments, and protecting the protected person’s estate. A guardian manages personal matters: medical decisions, living arrangements, and daily care. Colorado courts may appoint one or both, depending on which areas the protected person can no longer handle independently.

Getting this distinction right before filing anything with the court matters. Petitioning for the wrong arrangement can waste time and money. If your family is also navigating guardianship questions, our guardianship page covers that process separately.

The Conservatorship Petition Process at Arapahoe County District Court

For Centennial residents, conservatorship cases are filed with the Arapahoe County District Court. The process begins with a Petition for Appointment of Conservator for Adult (Colorado Judicial Branch form JDF 876 SC). The nominated conservator must be at least 21 years old, and the petitioner must show the court why the respondent’s estate needs protection.

After filing, the court schedules a hearing and requires that the respondent be personally served with notice and a copy of the petition. At the hearing, the petitioner must establish by clear and convincing evidence that the respondent can’t manage their own financial affairs. Medical records, physician statements, financial records, and witness testimony all play a role in meeting that standard.

When the court grants the petition, several things may follow:

• Letters of Conservatorship issued: The probate registrar issues this document, which serves as the conservator’s official proof of legal authority to act on the protected person’s behalf.
• Annual reporting required: Under C.R.S. 15-14-420, the conservator must report to the court each year on how the protected person’s estate has been administered.
• Fiduciary duty applies: The conservator can’t engage in self-dealing. Certain actions, including gifts and changes to beneficiary designations, require prior court approval.
• Emergency appointments available: When there is an urgent need to preserve assets before a full hearing can be held, Colorado courts can appoint an emergency or special conservator.

How Advance Planning Can Prevent Conservatorship

A conservatorship proceeding is time-consuming and carries ongoing costs, from court hearings to annual reporting requirements. Families who haven’t completed advance planning before a loved one loses capacity face a harder path than those who prepared early.

The most direct way to avoid conservatorship is a valid durable financial power of attorney executed while the person still has legal capacity. When a named agent already holds that authority, the court generally doesn’t need to appoint a conservator for financial matters. Trusts, designated beneficiary agreements, and other incapacity planning tools can provide additional layers of protection depending on the situation.

We work with clients on both sides of this timeline. For families dealing with a loved one who is already incapacitated, we can guide the conservatorship process from petition through court approval. For clients planning ahead, we can help put durable powers of attorney, trusts, wills, and advance directives in place so that court intervention may stay off the table. Skipton Reynolds also conducts annual reviews to keep those plans current as circumstances and laws change.

We also offer free educational workshops covering estate planning and elder law topics, including long-term care, trust management, and protective legal arrangements. These workshops are open to anyone who wants a clearer picture of their options before they need to act under pressure.

Common Questions About Colorado Conservatorship

Who Can Petition for Conservatorship?

Any person who would be adversely affected by the lack of effective financial management, any person interested in the respondent’s welfare, or the respondent themselves may file a petition with the probate court.

How Is the Conservator Chosen When Family Members Disagree?

Colorado law under C.R.S. 15-14-413 sets a priority order. The court first considers any conservator already appointed by another jurisdiction, then anyone the respondent nominated in writing (including through a durable power of attorney), then an agent acting under a durable power of attorney, then a spouse or civil union partner, then adult children, then a parent of the respondent, and finally another suitable adult with whom the respondent has had a close relationship.

What Happens to a Power of Attorney If Someone Petitions for Conservatorship?

Colorado law generally gives priority to the named agent under an existing durable power of attorney. That agent’s authority typically takes precedence over a newly appointed conservator unless the court specifically acts to revoke it. This is one reason a well-drafted power of attorney often makes conservatorship unnecessary from the start.

Can a Conservatorship Be Ended?

Yes. Under C.R.S. 15-14-431, a petition to terminate can be filed when the protected person no longer requires the arrangement. The conservator must file a final accounting, and the court must approve the termination before the arrangement formally ends.

Talk to a Centennial Conservatorship Attorney

Whether you need to file a petition now or want to plan ahead so your family may never have to, Skipton Law, LLC is ready to help. Our elder law practice serves clients throughout Centennial, CO and the broader Denver area with affordable, personalized guidance.

Call (720) 770-3880 or contact Skipton Law, LLC online to schedule a consultation and find out what steps make sense for your situation.