reglab/housing_qa huggingface dataset:
CO Code § 15-14-416 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 4 - Protection of Property of Protected Person|§ 15-14-416. Terms and Requirements of Bond

  The following rules apply to any bond required:   Except as otherwise provided by the terms of the bond, sureties and the conservator are jointly and severally liable.    By executing the bond of a conservator, a surety submits to the jurisdiction of the court that issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the conservator in which the surety is named as a party. Notice of any proceeding must be sent or delivered to the surety at the address shown in the court records at the place where the bond is filed and to any other address then known to the petitioner.    On petition of a successor conservator or any interested person, a proceeding may be brought against a surety for breach of the obligation of the bond of the conservator.    The bond of the conservator may be proceeded against until liability under the bond is exhausted.    Unless otherwise directed by the court, the cost of the bond shall be paid from the protected person's estate.       A proceeding may not be brought against a surety on any matter as to which an action or proceeding against the primary obligor is barred.    If there is a request for the waiver or reduction of a surety upon a bond, the court may require the conservator to supply the court with a credit report, a statement of the conservator's assets, liabilities, income, and expenses, and a statement about any interests the conservator may have in or liability to the conservatorship estate, or any other information the court may wish to consider.     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 § 15-14-412 as it existed prior to 2001.
CO Code § 15-14-418 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 4 - Protection of Property of Protected Person|§ 15-14-418. General Duties of Conservator - Financial Plan

  A conservator, in relation to powers conferred by this part 4 or implicit in the title acquired by virtue of the proceeding, is a fiduciary and shall observe the standards of care applicable to a trustee.    A conservator shall take into account the limitations of the protected person, and to the extent possible, as directed by the order of appointment or the financial plan, encourage the person to participate in decisions, act in the person's own behalf, and develop or regain the ability to manage the person's estate and business affairs.    Within a time set by the court, but no later than ninety days after appointment, a conservator shall file for approval with the appointing court a financial plan for protecting, managing, expending, and distributing the income and assets of the protected person's estate. The financial plan shall be based upon a comparison of the projected income and expenses of the protected person and shall set forth a plan to address the needs of the person and how the assets and income of the protected person shall be managed to meet those needs. The financial plan must be based on the actual needs of the person and take into consideration the best interest of the person. The conservator shall include in the financial plan steps to the extent possible to develop or restore the person's ability to manage the person's property, an estimate of the duration of the conservatorship, and projections of expenses and resources.    In investing an estate, selecting assets of the estate for distribution, and invoking powers of revocation or withdrawal available for the use and benefit of the protected person and exercisable by the conservator, a conservator shall take into account any estate plan of the person known to the conservator. The conservator may examine the will and any other donative, nominative, or other appointive instrument of the person.    A conservator shall file an amended financial plan whenever there is a change in circumstances that requires a substantial deviation from the existing financial plan.     History. Source: L. 2000: Entire part R&RE, p. 1819, § 1, effective January 1, 2001 (see § 15-17-103 ).    Editor's note:   This section is similar to former § 15-14-417 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, “Suggested Modifications to the Durable Power of Attorney Form”, see 17 Colo. Law. 2135 (1988).
CO Code § 15-14-419 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 4 - Protection of Property of Protected Person|§ 15-14-419. Inventory

  Within a time set by the court, but no later than ninety days after appointment, a conservator shall prepare and file with the appointing court a detailed inventory of the estate subject to the conservatorship, together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits.    If any property not included in the original inventory comes to the knowledge of a conservator or if the conservator learns that the value or description indicated in the original inventory for any item is erroneous or misleading, he or she shall prepare an amended inventory and file it with the court and provide copies to interested parties as directed by prior court orders.     History. Source: L. 2000: Entire part R&RE, p. 1820, § 1, effective January 1, 2001 (see § 15-17-103 ).    Editor's note:   This section is similar to former § 15-14-418 as it existed prior to 2001.
CO Code § 15-14-422 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 4 - Protection of Property of Protected Person|§ 15-14-422. Protected Person's Interest Inalienable

  Except as otherwise provided in subsections (3) and (4) of this section, the interest of a protected person in property vested in a conservator is not transferable or assignable by the protected person. An attempted transfer or assignment by the protected person, although ineffective to affect property rights, may give rise to a claim against the protected person for restitution or damages that, subject to presentation and allowance, may be satisfied as provided in section 15-14-429.    Property vested in a conservator by appointment and the interest of the protected person in that property are not subject to levy, garnishment, or similar process for claims against the protected person unless allowed under section 15-14-429.    A person without knowledge of the conservatorship who in good faith and for security or substantially equivalent value receives delivery from a protected person of tangible personal property of a type normally transferred by delivery of possession, is protected as if the protected person or transferee had valid title.    A third party who deals with the protected person with respect to property vested in a conservator is entitled to any protection provided in other law.     History. Source: L. 2000: Entire part R&RE, p. 1822, § 1, effective January 1, 2001 (see § 15-17-103 ).    ANNOTATION   Even if appointment of a conservator prevents a protected person from creating an inter vivos trust, it does not prevent a protected person who has testamentary capacity from creating a testamentary trust. In re Estate of Gallavan, 89 P.3d 521 (Colo. App. 2004).
CO Code § 15-14-423 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 4 - Protection of Property of Protected Person|§ 15-14-423. Sale, Encumbrance, or Other Transaction Involving Conflict of Interest

 Any transaction involving the conservatorship estate that is affected by a substantial conflict between the conservator's fiduciary and personal interests is voidable unless the transaction is expressly authorized by the court after notice to interested persons. A transaction affected by a substantial conflict between personal and fiduciary interests includes any sale, encumbrance, or other transaction involving the conservatorship estate entered into by the conservator, the spouse, descendant, agent, or lawyer of a conservator, or a corporation or other enterprise in which the conservator has a substantial beneficial interest.   History. Source: L. 2000: Entire part R&RE, p. 1823, § 1, effective January 1, 2001 (see § 15-17-103 ).    Editor's note:   This section is similar to former § 15-14-422 as it existed prior to 2001.   ANNOTATION   Disclosure of a conflicted transaction is not enough to immunize a conservator from a breach of fiduciary duty claim. In addition, the fiduciary has an obligation, independent of this section, to establish that the conflicted transaction is fair and reasonable and not adverse to the interests of the protected person. In Interest of Black, 2018 COA 7 , 422 P.3d 592.
CO Code § 15-14-424 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 4 - Protection of Property of Protected Person|§ 15-14-424. Protection of Person Dealing With Conservator

  A person who assists or deals with a conservator in good faith and for value in any transaction other than one requiring a court order under section 15-14-410 or 15-14-411 is protected as though the conservator properly exercised the power. That a person knowingly deals with a conservator does not alone require the person to inquire into the existence of a power or the propriety of its exercise, but restrictions on powers of conservators that are endorsed on letters as provided in section 15-14-110 are effective as to third persons. A person who pays or delivers assets to a conservator is not responsible for their proper application.    Protection provided by this section extends to any procedural irregularity or jurisdictional defect that occurred in proceedings leading to the issuance of letters and is not a substitute for protection provided to persons assisting or dealing with a conservator by comparable provisions in other law relating to commercial transactions or to simplifying transfers of securities by fiduciaries.    Any recorded instrument evidencing a transaction described in this section on which a state documentary fee is noted pursuant to section 39-13-103, C.R.S., shall be prima facie evidence that such transaction was made for value.     History. Source: L. 2000: Entire part R&RE, p. 1824, § 1, effective January 1, 2001 (see § 15-17-103 ).    Editor's note:   This section is similar to former § 15-14-423 as it existed prior to 2001.   ANNOTATION   Third parties knowingly dealing with a conservator are not required to make inquiry into the existence or propriety of the conservator's power, except that restrictions on powers of conservators which are endorsed on letters provided in this section are effective as to third persons. In re Conservatorship of Roth, 804 P.2d 265 (Colo. App. 1990) (decided prior to 2000 repeal and reenactment).
CO Code § 15-14-425.5 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 4 - Protection of Property of Protected Person|§ 15-14-425.5. Authority to Petition for Dissolution of Marriage or Legal Separation

  The conservator may petition the court for authority to commence and maintain an action for dissolution of marriage or legal separation on behalf of the protected person. The court may grant such authority only if satisfied, after notice and hearing, that:   It is in the best interests of the protected person based on evidence of abandonment, abuse, exploitation, or other compelling circumstances, and the protected person either is incapable of consenting; or    The protected person has consented to the proposed dissolution of marriage or legal separation.       Nothing in this section shall be construed as modifying the statutory grounds for dissolution of marriage and legal separation as set forth in section 14-10-106, C.R.S.     History. Source: L. 2000: Entire part R&RE, p. 1826, § 1, effective January 1, 2001 (see § 15-17-103 ).    Editor's note:   This section is similar to former § 15-14-425.5 as it existed prior to 2001.   ANNOTATION   Law reviews. For article, “'Til Death Do Us Part”, see 46 Colo. Law. 34 (July 2017).   A nonlawyer conservator or guardian in Colorado is a statutory legal representative only and is therefore prohibited from practicing law and serving as legal counsel in court. The powers granted to conservators under § 15-14-425 and to guardians under §§ 15-14-315 and 15-14-315 .5 do not establish an exception to § 12-5-101 regarding the practice of law. In re Kanefsky, 260 P.3d 327 (Colo. App. 2010) (decided prior to 2017 amendments relocating article 5 of title 12 to article 93 of title 13).
CO Code § 15-14-426 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 4 - Protection of Property of Protected Person|§ 15-14-426. Delegation

  A conservator may not delegate to an agent or another conservator the entire administration of the estate, but a conservator may otherwise delegate the performance of functions that a prudent trustee of comparable skills may delegate under similar circumstances.    The conservator shall exercise reasonable care, skill, and caution in:   Selecting an agent;    Establishing the scope and terms of a delegation, consistent with the purposes and terms of the conservatorship;    Periodically reviewing an agent's overall performance and compliance with the terms of the delegation; and    Redressing an action or decision of an agent that would constitute a breach of trust if performed by the conservator.       A conservator who complies with subsections (1) and (2) of this section is not liable to the protected person or to the estate or to the protected person's successors for the decisions or actions of the agent to whom a function was delegated.    In performing a delegated function, an agent shall exercise reasonable care to comply with the terms of the delegation.    By accepting a delegation from a conservator subject to the laws of this state, an agent submits to the jurisdiction of the courts of this state.     History. Source: L. 2000: Entire part R&RE, p. 1827, § 1, effective January 1, 2001 (see § 15-17-103 ).
CO Code § 15-14-428 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 4 - Protection of Property of Protected Person|§ 15-14-428. Death of Protected Person

  If a protected person dies, the conservator shall deliver to the court for safekeeping any will of the protected person that is in the conservator's possession or control, inform the personal representative or devisees named in the will of the delivery, and retain the estate for delivery to the personal representative of the decedent or to another person entitled to it.    After the death of the protected person, the conservator shall make no expenditures of conservatorship funds except with court authorization other than necessary to preserve the assets of the estate. However, the conservator may release funds for the funeral or final disposition of the deceased protected person if necessary to do so under the circumstances.    When a protected person dies, all fees, costs, and expenses of administration of the conservatorship, including any unpaid conservator fees and costs and those of his or her counsel, may be submitted to the court for approval in conjunction with the termination of the conservatorship. Thereafter, all court-approved fees, costs, and expenses of administration arising from the conservatorship shall be paid as court-approved claims for costs and expenses of administration in the decedent's estate. In the event that there are insufficient moneys to pay all claims in the decedent's estate in full, the fees, costs, and expenses of administration arising from the conservatorship shall retain their classification as “costs and expenses of administration” in the decedent's estate and shall be paid pursuant to section 15-12-805.     History. Source: L. 2000: Entire part R&RE, p. 1828, § 1, effective January 1, 2001 (see § 15-17-103 ). L. 2011: (3) added,(SB 11-083), ch. 101, p. 309, § 18, effective August 10. L. 2021: (2) amended,(SB 21-006), ch. 123, p. 493, § 16, effective September 7.    Editor's note:   Section 31(2) of chapter 123 (SB 21-006), Session Laws of Colorado 2021, provides that the act changing this section applies to final dispositions of human remains or human fetuses made on or after September 7, 2021.
CO Code § 15-14-430 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 4 - Protection of Property of Protected Person|§ 15-14-430. Personal Liability of Conservator

  Except as otherwise provided in the contract, a conservator is not personally liable on a contract properly entered into in a fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal in the contract the representative capacity and identify the estate.    A conservator is personally liable for obligations arising from ownership or control of property of the estate or for other acts or omissions occurring in the course of administration of the estate only if personally at fault.    Claims based on contracts entered into by a conservator in a fiduciary capacity, obligations arising from ownership or control of the estate, and claims based on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in a fiduciary capacity, whether or not the conservator is personally liable therefor.    A question of liability between the estate and the conservator personally may be determined:   In a proceeding pursuant to section 15-10-504;    In a proceeding for accounting, surcharge, indemnification, sanctions, or removal; or    In another appropriate proceeding or action.       A conservator is not personally liable for any environmental condition on or injury resulting from any environmental condition on land solely by reason of an acquisition of title under section 15-14-421.     History. Source: L. 2000: Entire part R&RE, p. 1830, § 1, effective January 1, 2001 (see § 15-17-103 ). L. 2008: (4) amended, p. 485, § 13, effective July 1.    Editor's note:   This section is similar to former § 15-14-429 as it existed prior to 2001.
CO Code § 15-14-432 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 4 - Protection of Property of Protected Person|§ 15-14-432. Payment of Debt and Delivery of Property to Foreign Conservator Without Local Proceeding

  A person who is indebted to or has the possession of tangible or intangible property of a protected person may pay the debt or deliver the property to a foreign conservator, guardian of the estate, or other court-appointed fiduciary of the state of residence of the protected person. Payment or delivery may be made only upon proof of appointment and presentation of an affidavit made by or on behalf of the fiduciary stating that a protective proceeding relating to the protected person is not pending in this state and the foreign fiduciary is entitled to payment or to receive delivery.    Payment or delivery in accordance with subsection (1) of this section discharges the debtor or possessor, absent knowledge of any protective proceeding pending in this state.     History. Source: L. 2000: Entire part R&RE, p. 1832, § 1, effective January 1, 2001 (see § 15-17-103 ).    Editor's note:   This section is similar to former § 15-14-431 as it existed prior to 2001.
CO Code § 15-14-433 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 4 - Protection of Property of Protected Person|§ 15-14-433. Foreign Conservator - Proof of Authority - Bond - Powers

 If a conservator has not been appointed in this state and a petition in a protective proceeding is not pending in this state, a conservator appointed in the state in which the protected person resides may file in a district or probate court of this state, in a county in which property belonging to the protected person is located, authenticated copies of the conservator's appointment documents and of any bond. Thereafter, the conservator may exercise all powers of a conservator appointed in this state as to property in this state and may maintain actions and proceedings in this state subject to any conditions otherwise imposed upon nonresident parties.   History. Source: L. 2000: Entire part R&RE, p. 1832, § 1, effective January 1, 2001 (see § 15-17-103 ). L. 2006: Entire section amended, p. 392, § 26, effective July 1.    Editor's note:   This section is similar to former § 15-14-432 as it existed prior to 2001.
CO Code § 15-14-434 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 4 - Protection of Property of Protected Person|§ 15-14-434. Right to a Lawyer Post-Adjudication

  An adult protected person has the right post-adjudication to be represented by a lawyer of the protected person's choosing at the expense of the protected person's estate unless the court finds by clear and convincing evidence that the protected person lacks sufficient capacity to provide informed consent for representation by a lawyer. Upon such a finding, the court shall appoint a guardian ad litem, and the adult protected person retains the right to a lawyer of the adult protected person's choosing for the limited purpose of interlocutory appeal of the court's decision as to the right to a lawyer.    The right to a lawyer described in subsection (1) of this section applies to a protected person participating in proceedings or seeking any remedy under parts 1 to 4 of this article, including change or termination of a guardianship, judicial review of fiduciary conduct, appellate relief, and any other petition for relief from the court.    Subject to subsection (1) of this section, the court shall appoint a lawyer to represent any adult protected person in any proceedings pursuant to parts 1 to 4 of this article if the protected person is not represented by a lawyer and the court determines the protected person needs such representation.    A lawyer for the protected person, on presentation of proof of representation, must be given access to all information pertinent to proceedings under this title, including immediate access to medical records and information.     History. Source: L. 2016: Entire section added, (SB 16-131), ch. 286, p. 1166, § 4, effective August 10.