Meurer Law Offices, P.C., serves clients in Denver, Greenwood Village, Centennial, Aurora, Littleton, Englewood, Arvada, Westminster, Broomfield, Parker, Castle Rock, Lone Tree, Sheridan, Elizabeth, Kiowa, Lakewood, Parker, Highlands Ranch, Denver County, Arapahoe County, Adams County, Douglas County, Jefferson County, Colorado.
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Conservatorship
If you are unable to conduct business due to a mental or physical incapacity, Colorado Law enables the courts to step in through the creation of a Conservatorship. A Conservator is responsible for a person’s estate or financial affairs. A court proceeding to seek the appointment of a Conservator is referred to as a “Protective Proceeding.” The person alleged to be incapacitated or in need of protection is the “Respondent” until a Conservator is appointed. A person for whom a Conservator has been appointed is called the “Protected Person.”
Colorado law protects the rights of those to be protected rather than those attempting to protect them. The Respondent is required to be present in the court room or absent with a good cause. A Respondent has the right to examine all witnesses. Emergency appointments for incapacitated adults cannot last more than 60 days before there is a full hearing. Appointments of a temporary Conservator cannot last more than 6 months. A Respondent is entitled to an attorney and will receive an attorney simply by requesting.
Once the court becomes involved, it usually stays involved until the person recovers or passes. The court will now supervise how your assets are used for your care. This process is expensive, time consuming, and difficult to end if you recover. Further it does not replace probate upon your death.
A Conservatorship can be avoided by creating a Durable Financial Power of Attorney and or a Revocable Living Trust.
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Meurer Law Offices
5347 S. Valentia Way, Suite 220
Greenwood Village, Co. 80111
303.991.3544
Estate Planning Attorney
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MEURER LAW OFFICES, P.C.
5347 South Valentia Way, Suite 220
Greenwood Village, CO 80111
Phone: 303-991-3544
