reglab/housing_qa huggingface dataset:
CO Code § 15-14-405 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 4 - Protection of Property of Protected Person|§ 15-14-405. Original Petition - Minors - Preliminaries to Hearing

  Upon the filing of a petition to establish a conservatorship or for another protective order for the reason that the respondent is a minor, the court shall set a date for hearing. If the court determines at any stage of the proceeding that the interests of the minor are or may be inadequately represented, it may appoint a lawyer to represent the minor, giving consideration to the choice of the minor if the minor has attained twelve years of age.    While a petition to establish a conservatorship or for another protective order is pending, after preliminary hearing and without notice to others, the court may make orders to preserve and apply the property of the minor as may be required for the support of the minor or individuals who are in fact dependent upon the minor. The court may appoint a special conservator to assist in that task.     History. Source: L. 2000: Entire part R&RE, p. 1805, § 1, effective January 1, 2001 (see § 15-17-103 ).
CO Code § 15-14-406.5 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 4 - Protection of Property of Protected Person|§ 15-14-406.5. Professional Evaluation

  At or before a hearing under this part 4, the court may order a professional evaluation of the respondent and shall order the evaluation if the respondent so demands. If the court orders the evaluation, the respondent must be examined by a physician, psychologist, or other individual appointed by the court who is qualified to evaluate the respondent's alleged impairment. The examiner shall promptly file a written report with the court. Unless the court directs otherwise, the report must contain:   A description of the nature, type, and extent of the respondent's specific cognitive and functional limitations, if any;    An evaluation of the respondent's mental and physical condition and, if appropriate, educational potential, adaptive behavior, and social skills;    A prognosis for improvement and a recommendation as to the appropriate treatment of habilitation plan; and    The date of any assessment or examination upon which the report is based.        History. Source: L. 2013: Entire section added, (SB 13-077), ch. 190, p. 771, § 8, effective August 7.
CO Code § 15-14-408 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 4 - Protection of Property of Protected Person|§ 15-14-408. Original Petition - Procedure at Hearing

  Unless excused by the court for good cause, a proposed conservator shall attend the hearing. The respondent shall attend the hearing, unless excused by the court for good cause. The respondent may present evidence and subpoena witnesses and documents, examine witnesses, including any court-appointed physician, psychologist, or other individual qualified to evaluate the alleged impairment, and the visitor, and otherwise participate in the hearing. The hearing may be held in a manner that reasonably accommodates the respondent and may be closed upon request of the respondent, or upon a showing of good cause; except that the hearing may not be closed over the objection of the respondent.    Any person may request permission to participate in the proceeding. The court may grant the request, with or without hearing, upon determining that the best interest of the respondent will be served. The court may attach appropriate conditions to the participation.    The petitioner shall make every reasonable effort to secure the respondent's attendance at the hearing.     History. Source: L. 2000: Entire part R&RE, p. 1807, § 1, effective January 1, 2001 (see § 15-17-103 ).    Editor's note:   This section is similar to former § 15-14-407 as it existed prior to 2001.
CO Code § 15-14-409 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 4 - Protection of Property of Protected Person|§ 15-14-409. Original Petition - Orders

  If a proceeding is brought for the reason that the respondent is a minor, after a hearing on the petition, upon finding that the appointment of a conservator or other protective order is in the best interest of the minor, the court shall make an appointment or other appropriate protective order.    If a proceeding is brought for reasons other than that the respondent is a minor, after a hearing on the petition, upon finding that a basis exists for a conservatorship or other protective order, the court shall make the least restrictive order consistent with its findings. The court shall make orders necessitated by the protected person's limitations and demonstrated needs, including appointive and other orders that will encourage the development of maximum self-reliance and independence of the protected person.    Within thirty days after an appointment, the conservator shall deliver or send a copy of the order of appointment, together with a statement of the right to seek termination or modification, to the protected person, if the protected person has attained twelve years of age and is not missing, detained, or unable to return to the United States, and to all other persons given notice of the petition.    The appointment of a conservator or the entry of another protective order is not a determination of incapacity of the protected person.     History. Source: L. 2000: Entire part R&RE, p. 1807, § 1, effective January 1, 2001 (see § 15-17-103 ).    Editor's note:   This section is similar to former § 15-14-407 as it existed prior to 2001.   ANNOTATION   Law reviews. For article, “Effect of Appointment of Conservator on Joint Tenancy Title”, see 12 Colo. Law. 1237 (1983). For article, “Determination of Heirship by Special Proceedings and Temporary Conservationship”, see 14 Colo. Law. 1781 (1985). For article, “Appointment of Temporary Conservators: Their Ethical and Legal Imperatives”, see 25 Colo. Law. 53 (Dec. 1996).   Findings that warrant appointment of a conservator under this section do not equate to a determination of testamentary incapacity. In re Estate of Gallavan, 89 P.3d 521 (Colo. App. 2004); In re Estate of Romero, 126 P.3d 228 (Colo. App. 2005).
CO Code § 15-14-410 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 4 - Protection of Property of Protected Person|§ 15-14-410. Powers of Court

  After hearing and upon determining that a basis for a conservatorship or other protective order exists, the court has the following powers, which may be exercised directly or through a conservator:   With respect to a minor for reasons of age, all the powers over the estate and business affairs of the minor that may be necessary for the best interest of the minor and members of the minor's immediate family; and    With respect to an adult, or to a minor for reasons other than age, for the benefit of the protected person and individuals who are in fact dependent on the protected person for support, all the powers over the estate and business affairs of the protected person that the person could exercise if the person were an adult, present, and not under conservatorship or other protective order.       Subject to section 15-14-110 requiring endorsement of limitations on the letters of office, the court may limit at any time the powers of a conservator otherwise conferred and may remove or modify any limitation.     History. Source: L. 2000: Entire part R&RE, p. 1808, § 1, effective January 1, 2001 (see § 15-17-103 ).    Editor's note:   This section is similar to former § 15-14-408 as it existed prior to 2001.
CO Code § 15-14-411 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 4 - Protection of Property of Protected Person|§ 15-14-411. Required Court Approval

  After notice to interested persons and upon express authorization of the court, a conservator may:   Make gifts, except as otherwise provided in section 15-14-427 (2);    Convey, release, or disclaim contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entireties;    Exercise or release a power of appointment;    Create a revocable or irrevocable trust of property of the estate, whether or not the trust extends beyond the duration of the conservatorship, or revoke or amend a trust revocable by the protected person;    Exercise rights to elect options and change beneficiaries under retirement plans, insurance policies, and annuities or surrender the plans, policies, and annuities for their cash value;    Exercise any right to an elective share in the estate of the protected person's deceased spouse and to renounce or disclaim any interest by testate or intestate succession or by transfer inter vivos; and    Make, amend, or revoke the protected person's will.       A conservator, in making, amending, or revoking the protected person's will, shall comply with section 15-11-502 or 15-11-507.    The court, in exercising or in approving a conservator's exercise of the powers listed in subsection (1) of this section, shall consider primarily the decision that the protected person would have made, to the extent that the decision can be ascertained. To the extent the decision cannot be ascertained, the court shall consider the best interest of the protected person. The court shall also consider:   The financial needs of the protected person and the needs of individuals who are in fact dependent on the protected person for support and the interest of creditors;    Possible reduction of income, estate, inheritance, or other tax liabilities;    Eligibility for governmental assistance;    The protected person's previous pattern of giving or level of support;    The existing estate plan;    The protected person's life expectancy and the probability that the conservatorship will terminate before the protected person's death; and    Any other factors the court considers relevant, including the best interest of the protected person.        History. Source: L. 2000: Entire part R&RE, p. 1808, § 1, effective January 1, 2001 (see § 15-17-103 ).    ANNOTATION   Law reviews. For article, “Will Preparation for Individuals Lacking Testamentary Capacity”, see 33 Colo. Law. 93 (Aug. 2004). For article, “Conservator-Created Wills: Issues in Litigation”, see 44 Colo. Law. 53 (Aug. 2015).
CO Code § 15-14-412 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 4 - Protection of Property of Protected Person|§ 15-14-412. Protective Arrangements and Single Transactions

  If a basis is established for a protective order with respect to an individual, the court, without appointing a conservator, may:   Authorize, direct, or ratify any transaction necessary or desirable to achieve any arrangement for security, service, or care meeting the foreseeable needs of the protected person, including:   Payment, delivery, deposit, or retention of funds or property;    Sale, mortgage, lease, or other transfer of property;    Purchase of an annuity;    Making a contract for life care, deposit contract, or contract for training and education; or    Addition to or establishment of a suitable trust, including a trust created under the “Colorado Uniform Custodial Trust Act”, article 1.5 of this title; and       Authorize, direct, or ratify any other contract, trust, will, or transaction relating to the protected person's property and business affairs, including a settlement of, and distribution of settlement of, a claim, upon determining that it is in the best interest of the protected person.       In deciding whether to approve a protective arrangement or other transaction under this section, the court shall consider the factors described in section 15-14-411 (3).      The court may appoint a special conservator to assist in the accomplishment of any protective arrangement or other transaction authorized under this section. The special conservator has the authority conferred by the order and shall serve until discharged by order after report to the court.    If the court appoints a special conservator without notice to the respondent, protected person, or any other person entitled to notice pursuant to section 15-14-404 (2) and the person appointed is a professional without priority to serve pursuant to section 15-14-413 or a public administrator pursuant to section 15-12-622, the court shall, upon entry of the order of appointment of special conservator, simultaneously appoint a visitor to investigate and report to the court within fourteen days after the appointment as provided in section 15-14-113.5.         History. Source: L. 2000: Entire part R&RE, p. 1809, § 1, effective January 1, 2001 (see § 15-17-103 ). L. 2020: (3) amended,(SB 20-129), ch. 270, p. 1317, § 4, effective September 1. L. 2021: (3)(b) amended,(SB 21-266), ch. 423, p. 2800, § 13, effective July 2.    Editor's note:   This section is similar to former § 15-14-409 as it existed prior to 2001.   ANNOTATION   Law reviews. For article, “Determination of Heirship by Special Proceedings and Temporary Conservationship”, see 14 Colo. Law. 1781 (1985). For article, “Colorado Guardianship and Conservatorship Law: A Status Report”, see 16 Colo. Law. 421 (1987). For article, “Trust Protection of Personal Injury Recoveries from Public Creditors”, see 19 Colo. Law. 2187 (1990).
CO Code § 15-14-412.6 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 4 - Protection of Property of Protected Person|§ 15-14-412.6. Trust Established by an Individual - Eligibility for Certain Public Assistance Programs - General Provisions

  For purposes of this section and sections 15-14-412.7 to 15-14-412.9, unless the context otherwise requires the following definitions apply:   “Asset” has the same meaning as set forth in Title XIX of the federal “Social Security Act”, 42 U.S.C. sec. 1396p (e), as amended.    “Income” has the same meaning as set forth in Title XIX of the federal “Social Security Act”, 42 U.S.C. sec. 1396p (e), as amended.    “Public assistance” means public assistance as provided by article 2 of title 26, C.R.S., and medical assistance as provided by articles 4, 5, and 6 of title 25.5, C.R.S.    “Resources” has the same meaning as set forth in Title XIX of the federal “Social Security Act”, 42 U.S.C. sec. 1396p (e), as amended.    “Trust established by an individual” has the same meaning as set forth in Title XIX of the federal “Social Security Act”, 42 U.S.C. sec. 1396p (d)(2), as amended.       Notwithstanding any statutory provision to the contrary, a court shall not authorize, direct, or ratify any trust established by an individual that has the effect of qualifying or purports to qualify the trust beneficiary for public assistance unless the trust meets the criteria set forth in this section, sections 15-14-412.7 to 15-14-412.9, and any rule adopted by the medical services board pursuant to section 25.5-6-103, C.R.S.    The court shall not authorize, direct, or ratify the transfer of any assets owned by a protected person if the transfer has the effect of qualifying or purports to qualify the protected person for public assistance unless the assets are transferred to a trust that meets the criteria set forth in this section, sections 15-14-412.7 to 15-14-412.9, and any rule adopted by the medical services board pursuant to section 25.5-6-103, C.R.S.     History. Source: L. 2000: Entire part R&RE, p. 1811, § 1, effective January 1, 2001 (see § 15-17-103 ). L. 2006: (1)(c), (2), and (3) amended, p. 2002, § 51, effective July 1.    Editor's note:   This section is similar to former § 15-14-409.6 as it existed prior to 2001.   ANNOTATION   The court erred in attempting to shield the assets of the trust for the purpose of determining Medicaid eligibility because subsection (2) prohibits any trust that has been “established by an individual that has the effect of qualifying or purports to qualify the trust beneficiary for public assistance,” and this section does not except from this prohibition elective-share trusts created pursuant to § 15-11-206 . In re Estate of Faller, 66 P.3d 114 (Colo. App. 2002).
CO Code § 15-14-412.9 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 4 - Protection of Property of Protected Person|§ 15-14-412.9. Pooled Trusts - Limitations

  A pooled trust within the meaning of this section is a trust consisting of individual accounts established for individuals who are disabled and is established for the purpose or with the effect of establishing or maintaining a person's resource eligibility for medical assistance.    A pooled trust is not valid for the purposes of establishing or maintaining eligibility for medical assistance unless the trust meets the following criteria:   The trust is established and managed by a nonprofit association that is approved by the United States internal revenue service.    A separate account is maintained for each beneficiary of the trust; except that the accounts are pooled for purposes of investment and management of funds.    The sole lifetime beneficiaries of the trust are the individual for whom the trust is established and the state medical assistance program. After the death of the person for whom the trust is created or after the trust is terminated during the beneficiary's lifetime, whichever occurs sooner, no person is entitled to payment from the remainder of the trust until the state medical assistance agency has been fully reimbursed for the assistance rendered to the person for whom the trust was created.    Accounts in the trust are established solely for the benefit of individuals who are disabled as defined in 42 U.S.C. sec. 1382c (a)(3), as amended, and are established by the parent, grandparent, or legal guardian of such individual, by such individual, or by a court.    The trust provides that, upon the death of the beneficiary or termination of the trust during the beneficiary's lifetime, whichever occurs sooner, to the extent that amounts remaining in the beneficiary's trust account are not retained by the trust, the state medical assistance program receives any amount remaining in that individual's trust account up to the total medical assistance paid on behalf of the individual.       A pooled trust is not valid for the purpose of establishing or maintaining a person's eligibility for any category of public assistance other than medical assistance.    No pooled trust shall be valid unless the department of health care policy and financing, or its designee, has reviewed the trust and determined that the trust conforms to the requirements of this section and any rules adopted by the medical services board pursuant to section 25.5-6-103, C.R.S.     History. Source: L. 2000: Entire part R&RE, p. 1814, § 1, effective January 1, 2001 (see § 15-17-103 ). L. 2006: (4) amended, p. 2003, § 54, effective July 1.    Editor's note:   This section is similar to former § 15-14-409.9 as it existed prior to 2001.
CO Code § 15-14-414 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 4 - Protection of Property of Protected Person|§ 15-14-414. Petition for Order Subsequent to Appointment

  A protected person or a person interested in the welfare of a protected person may file a petition in the appointing court for an order:   Requiring bond or collateral or additional bond or collateral, or reducing bond or collateral;    Requiring an accounting for the administration of the protected person's estate;    Directing distribution;    Removing the conservator pursuant to section 15-10-503 and appointing a special or successor conservator;    Modifying the type of appointment or powers granted to the conservator if the extent of protection or management previously granted is currently excessive or insufficient or the protected person's ability to manage the estate and business affairs has so changed as to warrant the action; or    Granting other appropriate relief.       A conservator may petition the appointing court for instructions concerning fiduciary responsibility.    Upon notice and hearing the petition, the court may give appropriate instructions and make any appropriate order.    At the conclusion of the hearings authorized by this section, the court may review the motions and petitions filed by a party under this section to determine if they were substantially warranted and brought in good faith. If, after the hearing, the court determines that the motions and petitions filed under this section were not substantially warranted or were brought in bad faith, the court may award fees and costs against the movant or petitioner including, but not limited to, the attorney fees and costs incurred by the conservatorship, or the affected parties, in responding to the motions and petitions.     History. Source: L. 2000: Entire part R&RE, p. 1816, § 1, effective January 1, 2001 (see § 15-17-103 ). L. 2008: (1)(d) amended, p. 485, § 12, effective July 1.    Editor's note:   This section is similar to former § 15-14-416 as it existed prior to 2001.   ANNOTATION   An evidentiary hearing is necessary to consider the factual circumstances to determine whether a petitioner is a person interested in the welfare of the incapacitated person. In re Estate of Edwards, 794 P.2d 1092 (Colo. App. 1990) (decided prior to 2000 repeal and reenactment).   Award of attorney fees under subsection (4) upheld. “Bad faith” involves conduct that is arbitrary, vexatious, abusive, stubbornly litigious, aimed at unwarranted delay, or disrespectful of trust and accuracy. Similarly, a motion or petition is “not substantially warranted” if it is not supported by any rational argument or credible evidence. In re Estate of Becker, 68 P.3d 567 (Colo. App. 2003).
CO Code § 15-14-415 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 4 - Protection of Property of Protected Person|§ 15-14-415. Bond

 Unless the court makes specific findings as to the reasons a bond is not required in the present case, the court shall require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the conservatorship according to law, with sureties as it may specify. In the alternative, the court may impose restrictions upon the conservator's access to, or transfer of, the assets of the conservatorship estate. Unless otherwise directed by the court, the cost of the bond shall be charged to the protected person's estate and the bond must be in the amount of the aggregate capital value of the property of the estate in the conservator's control, plus one year's estimated income, and minus the value of assets deposited under arrangements requiring an order of the court for their removal and the value of any real property that the fiduciary, by express limitation, lacks power to sell or convey without court authorization. The court, in place of sureties on a bond, may accept collateral for the performance of the bond, including a pledge of securities or a mortgage of real property.   History. Source: L. 2000: Entire part R&RE, p. 1817, § 1, effective January 1, 2001 (see § 15-17-103 ).    Editor's note:   This section is similar to former § 15-14-411 as it existed prior to 2001.