Kayle

Appellant Stewart Kayle is the conservator of the persons and estates of his parents, Celia and Jerry P. Kayle. Seeking to pursue claims against the conservatees’ caregivers and others, he filed a complaint in the probate court which was already exercising jurisdiction over the conservator-ship. Without notice or a hearing, the court dismissed the complaint. That dismissal was erroneous, and we reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND

The Court appointed Stewart Kayle as conservator for his parents on October 11, 2002. As conservator, Mr. Kayle has the authority to pursue claims of financial abuse against caregivers and others. Accordingly, in *5 August 2003 he filed a petition in the probate court seeking protective orders against family members and employees of Woodland Park Retirement Hotel, where the conservatees had resided. The court denied the petitions without prejudice on September 25, 2003.

Mr. Kayle thereafter filed a complaint on February 27, 2004, alleging Woodland Park Retirement Hotel and certain individuals physically and emotionally abused the conservatees. Specifically he alleged Celia suffered a stroke as a result of misconduct and that…