§ 28-5-206 — Appointment of guardian - petition

(1) A petition for the
appointment of a guardian may be filed by any relative or friend of the ward or by
any person who is authorized by law to file a petition. If there is no person so
authorized or if the person so authorized refuses or fails to file such a petition
within thirty days after mailing of notice by the veterans administration to the last-known address of the person, if any, indicating the necessity for the same, a petition
for appointment may be filed by any resident of this state.

(2) The petition for appointment shall set forth the name, age, and place of
residence of the ward, the name and place of residence of the nearest relative, if
known, and the fact that the ward is entitled to receive benefits payable by or
through the veterans administration and shall set forth the amount of money then
due and the amount of probable future payments.

(3) The petition shall also set forth the name and address of the person or
institution, if any, having actual custody of the ward and the name, age,
relationship, if any, occupation, and address of the proposed guardian, and if the
nominee is a natural person, the number of wards for whom the nominee is
presently acting as guardian. Notwithstanding any law as to priority of persons
entitled to appointment or the nomination in the petition, the court may appoint
some other individual or a bank or trust company as guardian if the court
determines it is for the best interest of the ward.

(4) In the case of a mentally incompetent ward, the petition shall show that
such ward has been rated incompetent by the veterans administration on
examination in accordance with the laws and regulations governing the veterans
administration.

Legislative History

Source: L. 45: p. 653, � 5. CSA: C. 150, � 55 (5). CRS 53: � 143-3-5. C.R.S. 1963: � 144-3-5.