Petition for order subsequent to appointment.

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(1) A protected person or a person interested in the welfare of a protected person may file a petition in the appointing court for an order:

  1. Requiring bond or collateral or additional bond or collateral, or reducing bond orcollateral;

  2. Requiring an accounting for the administration of the protected person's estate;

  3. Directing distribution;

  4. Removing the conservator pursuant to section 15-10-503 and appointing a special orsuccessor conservator;

  5. Modifying the type of appointment or powers granted to the conservator if the extentof protection or management previously granted is currently excessive or insufficient or the protected person's ability to manage the estate and business affairs has so changed as to warrant the action; or

  6. Granting other appropriate relief.

  1. A conservator may petition the appointing court for instructions concerning fiduciaryresponsibility.

  2. Upon notice and hearing the petition, the court may give appropriate instructions andmake any appropriate order.

  3. At the conclusion of the hearings authorized by this section, the court may review themotions and petitions filed by a party under this section to determine if they were substantially warranted and brought in good faith. If, after the hearing, the court determines that the motions and petitions filed under this section were not substantially warranted or were brought in bad faith, the court may award fees and costs against the movant or petitioner including, but not limited to, the attorney fees and costs incurred by the conservatorship, or the affected parties, in responding to the motions and petitions.

Source: L. 2000: Entire part R&RE, p. 1816, § 1, effective January 1, 2001 (see § 15-17103). L. 2008: (1)(d) amended, p. 485, § 12, effective July 1.

Editor's note: This section is similar to former § 15-14-416 as it existed prior to 2001.


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