Criteria for Replacing a Conservator

A person who has the help of a conservator is referred to as a "Protected Person".

You can ask the court to replace the current conservator with someone else if:

1. The conservator dies;
2. The person who is the conservator no longer wants to be the conservator; or
3. The court decides to remove the current conservator.

Any person concerned about the Protected Person's financial situation, or any person who would be negatively affected if the Protected Person's finances are not managed correctly, can ask the court to replace the current conservator.

You can ask the court to name you as the replacement conservator, or you can ask the court to name someone else.

You must be at least 21 years old to be a conservator.

Preparing to Replace a Conservator

Before you file paperwork to replace a conservator, you (or anyone else who wants to be the conservator) will need these things:

1. A copy of your criminal history report from the Colorado Bureau of Investigation (CBI)
2. A copy of your current credit report
3. A copy of your driver's license

Note: If you are the Protected Person's (Respondent's) parent, and you live with the Protected Person, you must provide a copy of your driver's license. However, you may not need to provide your criminal history report or your credit report. Please check with the court you are filing your case with regarding these requirements.

Criminal History Report

To get a copy of your criminal history report, visit the CBI website.

You can also go to the CBI directly at 690 Kipling Street, Denver, CO 80215. You can reach the CBI by phone at (303) 239-4300. There will be a fee for running your criminal history report. The fees charged by this agency are set by the agency and may change without notice.

Even if there is nothing on your criminal history report, you will still need to file this document with the court.

Credit Report

You can use any credit reporting agency to get your current credit report. Here are a few choices:

• Equifax, Inc. - P.O. Box 740241, Atlanta, GA 30374; +1 (800) 685-1111
• Experian - P.O. Box 2002, Allen, TX 75013; +1 (888) 397-3742
• TransUnion - P.O. Box 2000, Chester, PA 19022; +1 (800) 916-8800

Make sure to black out your Social Security number and financial account numbers included on the credit report. There may be a fee for getting your credit report.

Driver's License

When you make a photocopy of your driver's license, make sure the copy is clear enough for the court to read.

Identify Where to File Your Paperwork

You will file your paperwork to replace the current conservator with the same court where the existing conservatorship case is located. You will use the same case number from the existing conservatorship case.

Forms and Paperwork Required

Use the forms link above to download and complete the Replacing a Conservator forms. For detailed instructions on completing these forms, see JDF 847 Instructions for Filing a Petition for Appointment of Co-Guardian/Conservator or Successor Guardian/Conservator.

Paperwork Tips

The person filing the case will be known as the Petitioner, and the person who you want to be the conservator for will be known as the Protected Person.

Use JDF 721 Irrevocable Power of Attorney only if the person who wants to be the additional conservator does not live in Colorado.

Check the box that says "Successor Conservator" at the top of JDF 879 Petition for Appointment of Co-Conservator or Successor Conservator.

JDF 879 Petition for Appointment of Co-Conservator or Successor Conservator and JDF 805 Acceptance of Office must be signed in front of a notary public or court clerk. You can find a notary public by looking in the Yellow Pages, on the Internet, or by going to your local bank.

Fill out only the top "caption" part of JDF 884 Order Appointing Co-Conservator or Successor Conservator and JDF 880 Letters of Conservatorship - Adult or JDF 863 Letters of Conservatorship - Minor. The court will fill out the rest.

How to Submit Paperwork to the Court

1. Take your completed forms to the clerk at the counter in the courthouse. Give the forms to the clerk to file your case. You will also give the clerk your criminal history report, your credit report, and the copy of your driver's license.
2. There is no filing fee required.

What Happens Next?

After you file these forms and documents with the court, you can ask the clerk how to get a date for a court hearing.

Give Notice to the Ward and Other Interested Persons

After you file your paperwork with the court and get a date for a hearing, you must give notice of the hearing date and time, along with a copy of JDF 879 Petition for Appointment of Co-Conservator or Successor Conservator to the Protected Person (if at least 12 years old), as well as to all other persons interested in the case, at least 14 days before the hearing.

Review the paperwork from the case where the first conservator was named. Give notice to all of the same people that got notice of the case naming the first conservator.

Also review JDF 847 Instructions for Filing a Petition for Appointment of Co-Guardian/Conservator or Successor Guardian/Conservator for a list of interested persons who must get notice.

How to Give Notice

1. Complete the required form. Use the forms link above to download and complete JDF 711 Notice of Hearing.
2. Deliver the paperwork. You must mail or hand-deliver a copy of JDF 711 Notice of Hearing, along with a copy of JDF 879 Petition for Appointment of Co-Conservator or Successor Conservator, to the Protected Person (if at least 12 years old) and to all other interested persons.
3. File Certificate of Service with the court. After mailing or hand-delivering copies of the forms, complete the Certificate of Service part of JDF 711 Notice of Hearing and file it with the court.

After You Become the Conservator

Forms and Paperwork Required

• After the court names you as the conservator, you must complete JDF 800 Acknowledgment of Responsibilities and file it with the court. After you file this form, check with the court to find out how to obtain a certified copy of JDF 880 Letters of Conservatorship - Adult or JDF 863 Letters of Conservatorship - Minor. This is the document that proves you are the conservator. You may be required to pay a fee to obtain a certified copy of the Letters.
• Within 30 days after being named as the conservator, you must complete JDF 812 Notice of Appointment of Conservator and mail or hand-deliver a copy to the Protected Person (if at least 12 years old) and to all other interested persons. After mailing or hand-delivering a copy, fill out the Certificate of Service part of the form and file it with the court.
• Once a year, or as otherwise directed by the court, you and the other conservator(s) will be required to file JDF 885 Conservator's Report with the court. Depending on the court, the Letters may be valid for only one year and may be renewed after you file a completed JDF 885 Conservator's Report. Check with the court to find out when your yearly report is due.
  • You will need to mail or hand-deliver a copy of JDF 885 Conservator's Report to the Protected Person (if at least 12 years old) and to all other interested persons. After mailing or hand-delivering a copy, fill out the Certificate of Service part of the form and file it with the court.