Can a Conservatorship be Contested?
A conservatorship is a legal appointment of a person who has been tasked with managing another person’s financial or life affairs. A conservatorship may be deemed necessary to protect an incapacitated person, a minor or an adult who the court feels is unable to properly care for his or her own financial affairs. (For example, Britney Spears’ father was appointed as her conservator in 2008 and this legal classification still stands as of the writing of this blog. Even though Spears is not incapacitated, the court agrees that she still needs a conservator.)
Conservatorships can be contested. They also can be terminated if the facts and circumstances warrant. Someone interested in the protected person’s welfare (a family member, for example) can file a petition with the courts to terminate or modify the conservatorship. The protected person can also petition to modify or terminate the conservatorship. There may be different situations surrounding this request:
• The conservator is not acting in the best interests of the protected person
• The conservator is being abusive or stealing from the protected person
• T the protected person is physically or mentally able to handle their own affairs
It becomes the job of the court to decide if there is enough evidence to support that the conservatorship be modified or that the conservatorship be terminated. In order to contest conservatorship in Colorado, it is necessary to provide the court with comprehensive, fully-completed documentation. There are several legal forms to complete before they are filed with the court. It is also necessary to mail a copy of the forms to all of the other interested persons involved in the conservatorship. The court may request that an evidentiary hearing be scheduled to discuss the matter. Both the conservator and the protected person must attend this hearing.
If you are interested in modifying or terminating a conservatorship in Denver, you will want the process to move as quickly and seamlessly as possible. While this process can be done without legal counsel, it may be easier to hire a conservatorship lawyer in Denver that has experience with this delicate process. The lawyers at The Brown Law Firm, LLC have conservatorship expertise to help you correctly fill out the right documents, file them with the court and make arguments on your behalf as necessary.
To get help with conservatorships in Denver contact The Brown Law Firm, LLC to arrange an appointment: (303) 339-3750 or visit our website.