§ 15-14-411 — Required court approval

Colorado § 15-14-411

• Jurisdiction: Colorado
• Title 15: Probate,
• Art.: Persons Under Disability - Protection

Text

(1) After notice to interested persons
and upon express authorization of the court, a conservator may:

(a) Make gifts, except as otherwise provided in section 15-14-427 (2);

(b) 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;

(c) Exercise or release a power of appointment;

(d) 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;

(e) 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;

(f) 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

(g) Make, amend, or revoke the protected person's will.

(2) A conservator, in making, amending, or revoking the protected person's
will, shall comply with section 15-11-502 or 15-11-507.

(3) 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:

(a) 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;

(b) Possible reduction of income, estate, inheritance, or other tax liabilities;

(c) Eligibility for governmental assistance;

(d) The protected person's previous pattern of giving or level of support;

(e) The existing estate plan;

(f) The protected person's life expectancy and the probability that the
conservatorship will terminate before the protected person's death; and

(g) Any other factors the court considers relevant, including the best interest
of the protected person.

Legislative History

Source: L. 2000: Entire part R&RE, p. 1808, � 1, effective January 1, 2001 (see � 15-17-103).