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COVID-19 NOTICE:

After careful review of the COVID-19 environment, the law firm of Chayet & Danzo, LLC, will be conducting in-person appointments in our offices on a limited basis and with strict social distancing protocols.

During this time, our team will continue to diligently work remotely on all client matters and will maintain communication through email, telephone, and video conferencing. Our main office number, (303) 355-8500 will continue to be answered during our normal business hours of 8:00 a.m. to 5 p.m. Monday – Thursday and 8:00 a.m. to 4:00 p.m. on Fridays.

This decision to have limited appointments in-office while following strict social distancing protocols is in the best interest and health of our team, clients and community.

We will continue accepting new clients during this period as well as fully servicing our existing clients.

We wish you and your family continued health during these unique and challenging times.

Compassion, talent and dedication:
guiding colorado families and Their Trusted Advisors During Times of Need

The rights of protected persons

| Sep 15, 2017 | Guardianships & Conservatorships |

In Colorado, conservatorship allows a conservator/fiduciary to handle the financial matters of an incapacitated person, the protected person.

A conservatorship and guardianship (related to living arrangements, daily needs and health care) are common for a minor child or an adult with developmental disabilities. Situations exist where a protected person may only be the subject or a conservatorship or vice versa.

What happens when conflicts arise?

Friction can develop between a conservator and a protected person over the amount of money needed to cover living expenses. Is cable a necessity or a luxury to cut out of the budget? Is a certain grocery store debit card preferable to cash when there are issues of addiction? How much does a conservator micro-manage (more management often increases fees paid from the assets of the protected person)?

These issues can come up in many types of cases. For example, in trust management, a trustee may reject requests for disbursements and differences in definitions of what is a necessary expense can cause ongoing and escalating conflicts. When relatives serve in these roles, it can ruin family relationships. Arm’s length professionals – bank trust managers or professional conservators – can also have personalities/viewpoints that cause conflict.

Unlike a trustee, a protected person faces an added issue when these problems come up. In the past, judges sometimes questioned whether a person under a guardianship or conservatorship had the capacity to retain their own legal counsel. Last year, a change in Colorado law gave these individuals the right to hire a private attorney.

A judge may still review whether an individual has the necessary capacity to hire a lawyer. But the presumption shift makes it easier for an individual to obtain legal assistance.

What is needed to move forward and resolve these problems? Often it requires appointing a new person to stand in the role as conservator or trustee. An experienced attorney who understand conservatorship and trust administration rules can help.

 

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