§ 15-14-413 — Who may be conservator - priorities - prohibition of dual roles

(1) Except as otherwise provided in subsection (4) of this section, the court, in
appointing a conservator, shall consider persons otherwise qualified in the
following order of priority:

(a) A conservator, guardian of the estate, or other like fiduciary appointed or
recognized by an appropriate court of any other jurisdiction in which the protected
person resides;

(b) A person nominated as conservator by the respondent, including the
respondent's specific nomination of a conservator made in a durable power of
attorney or given priority to be a conservator in a designated beneficiary agreement
made pursuant to article 22 of this title, if the respondent has attained twelve years
of age;

(c) An agent appointed by the respondent to manage the respondent's
property under a durable power of attorney;

(d) The spouse of the respondent;

(d.5) The partner in a civil union of the respondent;

(e) An adult child of the respondent;

(f) A parent of the respondent; and

(g) An adult with whom the respondent has resided for more than six months
immediately before the filing of the petition.

(2) A respondent's nomination or appointment of a conservator shall create
priority for the nominee or appointee only if, at the time of nomination or
appointment, the respondent had sufficient capacity to express a preference.

(3) A person having priority under paragraph (a), (d), (d.5), (e), or (f) of
subsection (1) of this section may designate in writing a substitute to serve instead
and thereby transfer the priority to the substitute.

(4) With respect to persons having equal priority, the court shall select the
one it considers best qualified. The court, for good cause, may decline to appoint a
person having priority and appoint a person having a lower priority or no priority.

(5) An owner, operator, or employee of a long-term care provider from which
the respondent is receiving care may not be appointed as conservator unless
related to the respondent by blood, marriage, or adoption.

(6) (a) Unless the court makes specific findings for good cause shown or the
person is a family caregiver as defined in section 25.5-10-202, C.R.S., the same
professional may not act as an incapacitated person's or a protected person's:

(I) Guardian and conservator; or

(II) Guardian and direct service provider; or

(III) Conservator and direct service provider.

(b) In addition, a guardian or conservator may not employ the same person to
act as both care manager and direct service provider for the incapacitated person
or protected person unless the person is a family caregiver as defined in section
25.5-10-202, C.R.S.

Legislative History

Source: L. 2000: Entire part R&RE, p. 1815, � 1, effective January 1, 2001 (see � 15-17-103). L. 2009: (1) amended, (HB 09-1260), ch. 107, p. 445, � 12, effective July 1. L. 2010: (1)(b) amended, (SB 10-199), ch. 374, p. 1753, � 19, effective July 1. L. 2011: (6) amended, (SB 11-083), ch. 101, p. 308, � 16, effective August 10. L. 2013: (1) and (3) amended, (SB 13-011), ch. 49, p. 166, � 21, effective May 1; IP(6)(a) and (6)(b) amended, (HB 13-1314), ch. 323, p. 1803, � 27, effective March 1, 2014.