The summaries of the Colorado Court of Appeals published opinions constitute no part of the opinion of the division but have been prepared by the division for the convenience of the reader. The summaries may not be cited or relied upon as they are not the official language of the division. Any discrepancy between the language in the summary and in the opinion should be resolved in favor of the language in the opinion. SUMMARY August 4, 2022 2022COA90 No. 21CA0295, Estate of Davies — Probate — Wills — Colorado Uniform Guardianship and Protective Proceedings Act — Protection of Property of Protected Person — Required Court Approval In the proceedings below, the district court invalidated the will of the decedent, who died while under a conservatorship. The court concluded that the decedent’s conservator had made the will without complying with section 15-14-411(1)(g), C.R.S. 2021, which says a conservator may “[m]ake, amend, or revoke the protected person’s will” only after receiving a court’s approval and giving notice to “interested persons.” Addressing a novel issue, a division of the court of appeals concludes that section 15-14-411(1)(g) applies where a conservator makes the will as contemplated by section 15-14-411(2) and section 15-11-502, C.R.S. 2021 — for instance, where the conservator executes the will in the presence of two witnesses who sign it. But where, as here, the person subject to a conservatorship executes their own will in compliance with section 15-11-502, that person makes the will, and section 15-14-411(1)(g) does not apply. Accordingly, the division reverses the judgment and remands for further proceedings. COLORADO COURT OF APPEALS 2022COA90 Court of Appeals No. 21CA0295 Boulder County District Court No. 18PR30655 Honorable Thomas F. Mulvahill, Judge Honorable Bruce Langer, Judge In re the Estate of Thomas Russell Davies, deceased. Phillip Wong, Stephanie Ryno, Jason DeHerrera, and Tricinia DeHerrera, Appellants, v. Gary Scarpella, Appellee. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE NAVARRO Lipinsky and Kuhn, JJ., concur Announced August 4, 2022 Treece Aflrey Musat, P.C., Reza D. Rismani, Carol L. Thomson, Denver, Colorado, for Appellant Phillip Wong Stephanie Ryno, Pro Se Jason DeHerrera, Pro Se Tricinia DeHerrera, Pro Se Hurth Sisk & Blakemore, LLP, Jessica H. Catlin, Jonathan Leinheardt, Boulder, Colorado; Ogborn Mihm, LLP, James E. Fogg, Denver, Colorado, for Appellee ¶1 In the proceedings below, the district court invalidated the will of Thomas Russell Davies, who died while under a conservatorship. The court concluded that Davies’s conservator, Phillip Wong, had made the will without complying with section 15-14-411(1)(g), C.R.S. 2021, which says a conservator may “[m]ake, amend, or revoke the protected person’s will” only after receiving a court’s approval and giving notice to “interested persons.” Appealing the judgment, Wong and the devisees under the will (collectively, the appellants) argue that section 15-14-411(1)(g) did not apply here because, although Wong drafted the will for Davies pursuant to their conversations on the matter, Davies executed it. In other words, Wong says Davies made the will, not Wong. ¶2 Addressing a novel issue …
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