Deputy Order/Trustee

Legal Questions & AnswersCategory: CivilDeputy Order/Trustee
larryz5150 Staff asked 6 years ago

A property I am planning to buy is being sold by a divorced couple. Unfortunately the husband suffered brain injury and lost his capacity.
We were told to wait for the nomination of deputyship order (his sister) who will be able to sell on his behalf. After 5 months this has finally been done and we are now told the sister, the deputy is not able to sign after all and she must be appointed a trustee instead to be able to sell.
I am confused. Can you please explain what a deputy can and can’t do and the process and length it will take to appoint a trustee please?

juliekreutzer Staff replied 6 years ago

If you are referring to Colorado, then the terms deputy and trustee are not correct. In Colorado, if someone has lost capacity a relative or friend applies for conservatorship (property/financial) and guardianship (medical/personal care). If the Court agrees a Conservatorship is required and appoints someone, they can assist.