Agenda and Meeting Minutes

NOTICE OF MEETING

COMMITTEE ON RULES AND FORMS
TRUST AND ESTATE SECTION OF THE
COLORADO BAR ASSOCIATION

To: Members of the Rules and Forms Committee

The next meeting will be March 20, 2008
12:00 p.m. to 1:15 P.M.

LUNCHES WILL BE PROVIDED TO THOSE WHO ATTEND

Location:
COLORADO BAR ASSOCIATION
9th Floor, Executive Conference Room (Please check the board as you walk in)
1900 Grant Street
Denver, Colorado 80203-4309
(303) 860-1112

If you are unable to attend the meeting in person but would like to participate by phone, please dial (888) 272-7337 and enter conference ID 8575147#

AGENDA FOR FEBRUARY 21, 2008 MEETING

1. Approve minutes from last meeting.

2. Chair’s Report

a. Update from Task Force

3. New Business or Requests

a. New Business
-Request for Subcommittee to work on Rule 16 Petition (draft)

b. Requests for New Subcommittees

4.  Subcommittee Reports

b.   Magistrate Consent.  Gordon Williams and Michael Kirtland.

c.   Rule 6 Sub-Committee.  Kelly Dickson Cooper, Marco Chayet, Marc Darling,  Aaron Evans, Spencer Crona, and Matthew Trinidad.

5. Current Issues

a. Review and comment on forms from the Task Force: 

JDF 741 - Appointment Guidelines for Guardian ad Litem (GAL)
JDF 791 - Petition for Approval of Proposed Settlement Pursuant to CRPP 16
JDF 792 - Order Approving Settlement of Claims of Persons Under Disability
JDF 822 - Affidavit of Acceptance of Appointment by Written Instrument as Guardian for Minor
JDF 827 - Order Appointing a Guardian for Minor
JDF 828 - Order Appointing a Temporary Guardian for Minor
JDF 829 - Order Appointing an Emergency Guardian for Minor
JDF 843 - Order Appointing an Emergency Guardian for Adult
JDF 846 - Order Appointing a Temporary Substitute Guardian for Adult
JDF 848 - Order Appointing a Guardian for Adult
JDF 862 - Order Appointing Conservator for Minor
JDF 877 - Order Appointing Special Conservator - Minor or Adult
JDF 878 - Order Appointing Conservator for Adult
JDF 888 - Petition for Termination of Conservatorship and Schedule of Distribution
JDF 889 - Waiver of Hearing, Waiver of Accounting, Waiver of Audit and Approval of Schedule of Distribution
JDF 890 - Order to Terminate Conservatorship & Schedule of Distribution

****If we are unable to complete the review of these forms at the February meeting (or if you cannot attend the meeting), comments on these forms may be made by email to Cyndi Hauber of the State Court Administrator’s Office at cyndi.hauber@judicial.state.co.us no later than March 5, 2008.
    
b. Discuss methods to seek additional input from Section members on forms and rules (resulting from comments made during Public Hearing Regarding Probate Audit)

c. Discuss possible methods or procedures for working with the Task Force going forward.

d. Committee Plans in 2008-2009 Year

5. Tabled Matters

a. Exempt Property/Family Allowance - Forms

b. Elective Share - Procedural Rule

c. Consent to Jurisdiction of Magistrate - Form

d. Forms Book

e. Probate Rule 16 review.  Gordon Williams, Wayna Marshall and Catherine Seal

f. Trust Registration Changes – Form

MINUTES OF JANUARY 17, 2008 MEETING

Present:

1. The meeting of the Rules and Forms Committee was called to order at 12:10 p.m. on January 17, 2008, by Kelly Cooper. Aaron L. Evans kept the minutes of the meeting.

2. The minutes of the last meeting were approved by a unanimous vote of the committee.

3. Kelly Cooper began the meeting by outlining new business as follows:

A. The Trust Registration Statute is at SRC and our committee should be able to review it next month.

B. Task Force updates:

i. The next Task Force meeting will be on February 8, 2008.

ii. Please have any comments to Cyndi Hauber on or before February 8, 2008.

iii. JDF forms are encouraged to be used during 2008 once they are posted. The CPC forms will not be rejected but the court may ask those forms to be supplemented.

iv. JDF forms will be required in 2009. It is anticipated that the same substantial compliance rule will apply.

4. SUB- COMMITTEE REPORTS

A. Probate Rule 16 Review- no update.

B. Magistrate Consent Review- no update

C. Rule 6 Subcommittee: Kelly Cooper, Marco Chayet, Herb Tucker, Spencer Crona, Marc Darling and Aaron Evans. No update.

5. CURRENT ISSUES

A. If you were unable to attend this January meeting, any comments on the forms listed for review should be sent by February 8, 2008 to Cyndi Hauber of the State Court Administrator’s Office at cyndi.hauber@judicial.state.co.us.

B. If you are unable to attend the next meeting, to be held on February 21, 2008, any comments on the forms listed for review should be sent by March 3, 2008 to Cyndi Hauber of the State Court Administrator’s Office at cyndi.hauber@judicial.state.co.us.

C. NEW BUSINESS REQUESTS

There are not any new business requests.

D. DISCUSSION ON FORMS:

1.  There are new codes that will be installed on Lexis/Nexis for the new forms being used.  

2.  Marco Chayet was working on the Income Expense Only form, the form is on hold for now.  We will revisit both it and the Conservator’s Report later.

3. Laurie Hunter discussed a Lexis/Nexis heading called Petition Other.  Lexis/Nexis would not accept her filing.  Cyndi Hauber spoke with Lexis Nexis regarding this issue and was informed Lexis Nexis does not want to make that change.  

3.  Kelly Cooper said the Objection form was still approved even after our objection to it.  The attorneys were told they could file any form they want to use for an Objection.

4.  Kelly Cooper told everyone that the Fiduciary Oversight bill was approved and it is going to the Legislature.  Senator Roberts is proposing the legislation.

5.  We have made some changes to the Colorado Bar Rules & Forms website.  We ask members to please check out the website and give us any input on it and any recommended changes.  

6.  Jim Black said they he did not like the current form of the new GAL report and asked that it be moved to the bottom of our list of to dos.  Catherine Seal mentioned that she has been working with Magistrate Hughes and they are focusing on making sure GAL’s know what they are supposed to do.

E. FORMS

i. JDF 725 BOND: - There was a discussion about the use of the form anymore Frank Hill mentioned that it used to be used for Surety’s, but serves no real purpose anymore.  The agreement was that the form was not necessary.

ii. JDF 741 APPOINTMENT GUIDELINES FOR GUARDIAN AD LITEM:  Skipped.

iii. JDF 743 GUARDIAN AD LITEM REPORT:  Skipped.

iv. JDF 792 ORDER APPROVING PERSONAL INJURY SETTLEMENT: The discussion about changing the name to “Person of Disability”.  The committee decided to put the form on hold until we do the Petition related to the Order.  That form should be ready in February.  Catherine Seal did request that the form be mandatory so it would help with uniformity for personal injury attorneys trying to file pleadings in the probate court.

v. JDF 809 ORDER APPOINTING VISITOR:  There were some minor changes to the form.  The change was made to given an option as to whether the hearing had been set or not.  The addition was made to give the Court the option to determine fees at a later date.

a. Carl Glatstein did ask the committee if anyone had any information on the fees being charged by Court Visitor.  Denver has a set fee of $75 while other counties he was starting to see fees of $150-$200, including drive time.  He hopes this will get addressed in the future.

vi. JDF 827 ORDER APPOINTING GUARDIAN FOR MINOR:  Frank Hill suggested that the information should be moved to after “The Court finds:” this sets the form out better.  Then have 1) date of birth; 2) leave Court date as preliminary.  There was a suggestion to add the date for the 18th birthday, so it is easier to find to know when the Guardianship would be terminated.  

vii. JDF 828 ORDER APPOINTING TEMPORARY GUARDIAN FOR MINOR:  There was a suggestion to add the date of birth after “The Court finds.”  Make most of the same changes suggested on the Order Appointing Guardian for Minor.

6. The meeting adjourned at 1:20p.m.

     Respectfully submitted,

Aaron L. Evans
Rules and Forms Secretary