Court Holds That Medical Evidence Is Not Required For The Appointment Of A Conservator

A recent Colorado Court of Appeals decision has held that a son did not need to provide medical evidence to prove by clear and convincing evidence that his father was not able to manage his property and business affairs.  At trial the son did not offer any medical evidence, but instead offered the expert testimony from a CPA and the trial court sided with the son.  The Court of Appeals held that Colorado’s conservator statute does not expressly require expert testimony.  

Litigation dealing with conservators is continuing to grow across the United States.  This area of the law dealing with conservatorships is going to become increasingly important in the future as the United States population continues to age.  As more people start to lose capacity their children and loved ones are going to want to take legal measures to protect that person’s interests.  

See Kelly Dickson Cooper, No Medical Evidence Required for Appointment of a Conservator, The National Law Review, October 13, 2015. 

Special thanks to Jim Hillhouse for bringing this article to my attention.