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In the Interest of Meggitt.

2021 COA 50. No. 19CA1803. Probate—Jurisdiction—Notice—Conservator—Compensation.

April 15, 2021

The probate court appointed a conservator for Meggitt. It later found that the special conservator’s fees and costs were reasonable and entered an order for their payment.

On appeal, Meggitt argued that the probate court lacked jurisdiction to enter an order for payment of those fees and costs because her attorney did not serve her with notice of the original petition to appoint a conservator or notify her of the hearing on the petition. However, the probate court had subject matter jurisdiction under CRS § 15-14-402(1), which was not divested by the subsequent failure to follow statutory requirements. Further, Meggitt did not challenge the service and notice of the appointment proceedings for over a year and thus waived any objection to the court having personal jurisdiction over her affairs. Therefore, this portion of her appeal was dismissed.

Meggitt also contended that the lack of notice of the fee rate and costs incurred by the special conservator precludes compensation. The special conservator is entitled to compensation because she provided services as a fiduciary on behalf of Meggitt’s estate under court order. Here, the petition complied with the statute by stating that the basis of compensation had not yet been determined, and Meggitt conceded that she was not seeking review of the court’s determination that the fees were reasonable. Therefore, any error in not disclosing the special conservator’s fee rate was harmless.

The order was affirmed.

Official Colorado Court of Appeals proceedings can be found at the Colorado Court of Appeals website.

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