reglab/housing_qa huggingface dataset:
CO Code § 15-14-312 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 3 - Guardianship of Incapacitated Person|§ 15-14-312. Emergency Guardian

  If the court finds that compliance with the procedures of this part 3 will likely result in substantial harm to the respondent's health, safety, or welfare, and that no other person appears to have authority and willingness to act in the circumstances, the court, on petition by a person interested in the respondent's welfare, may appoint an emergency guardian whose authority may not exceed sixty days and who may exercise only the powers specified in the order. Immediately upon appointment of an emergency guardian, the court shall appoint a lawyer to represent the respondent throughout the emergency guardianship. Except as otherwise provided in subsection (2) of this section, reasonable notice of the time and place of a hearing on the petition must be given to the respondent and any other persons as the court directs.    An emergency guardian may be appointed without notice to the respondent and the respondent's lawyer only if the court finds from testimony that the respondent will be substantially harmed if the appointment is delayed. If not present at the hearing, the respondent must be given notice of the appointment within forty-eight hours after the appointment. The court shall hold a hearing on the appropriateness of the appointment within fourteen days after the court's receipt of such a request.    Appointment of an emergency guardian, with or without notice, is not a determination of the respondent's incapacity.    The court may remove an emergency guardian or modify the powers granted at any time. An emergency guardian shall make any report the court requires. In other respects, the provisions of parts 1 to 4 of this article concerning guardians apply to an emergency guardian.    If the court appoints an emergency guardian without notice to the respondent or any other person entitled to notice pursuant to section 15-14-309 (2) and the person appointed is a professional without priority to serve pursuant to section 15-14-310 (1) or protective services pursuant to section 26-3.1-104, the court shall, upon entry of the order of appointment of emergency guardian, simultaneously appoint a visitor to investigate and report to the court within fourteen days after the appointment as provided in section 15-14-113.5.     History. Source: L. 2000: Entire part R&RE, p. 1797, § 1, effective January 1, 2001 (see § 15-17-103 ). L. 2012: (2) amended,(SB 12-175), ch. 208, p. 840, § 51, effective July 1. L. 2020: (5) added,(SB 20-129), ch. 270, p. 1317, § 3, effective September 1.    ANNOTATION   Law reviews. For article, “Protecting Clients From Abuse and Identity Theft”, see 34 Colo. Law. 43 (Oct. 2005).   Applied in In Interest of Spohr, 2018 COA 74 , 422 P.3d 625.
CO Code § 15-14-313 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 3 - Guardianship of Incapacitated Person|§ 15-14-313. Temporary Substitute Guardian

  If the court finds that a guardian is not effectively performing the guardian's duties and that the welfare of the ward requires immediate action, it may appoint a temporary substitute guardian for the ward for a specified period not exceeding six months. Except as otherwise ordered by the court, a temporary substitute guardian so appointed has the powers set forth in the previous order of appointment. The authority of any unlimited or limited guardian previously appointed by the court is suspended as long as a temporary substitute guardian has authority. If an appointment is made without previous notice to the ward, the affected guardian, and other interested persons, the temporary substitute guardian, within five days after the appointment, shall inform them of the appointment.    The court may remove a temporary substitute guardian or modify the powers granted at any time. A temporary substitute guardian shall make any report the court requires. In other respects, the provisions of parts 1 to 4 of this article concerning guardians apply to a temporary substitute guardian.     History. Source: L. 2000: Entire part R&RE, p. 1798, § 1, effective January 1, 2001 (see § 15-17-103 ).    Editor's note:   This section is similar to former § 15-14-310 as it existed prior to 2001.
CO Code § 15-14-314 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 3 - Guardianship of Incapacitated Person|§ 15-14-314. Duties of Guardian

  Except as otherwise limited by the court, a guardian shall make decisions regarding the ward's support, care, education, health, and welfare. A guardian shall exercise authority only as necessitated by the ward's limitations and, to the extent possible, shall encourage the ward to participate in decisions, act on the ward's own behalf, and develop or regain the capacity to manage the ward's personal affairs. A guardian, in making decisions, shall consider the expressed desires and personal values of the ward to the extent known to the guardian. A guardian, at all times, shall act in the ward's best interest and exercise reasonable care, diligence, and prudence.    A guardian shall:   Become or remain personally acquainted with the ward and maintain sufficient contact with the ward to know of the ward's capacities, limitations, needs, opportunities, and physical and mental health;    Take reasonable care of the ward's personal effects and bring protective proceedings if necessary to protect the property of the ward;    Expend money of the ward that has been received by the guardian for the ward's current needs for support, care, education, health, and welfare;    Conserve any excess money of the ward for the ward's future needs, but if a conservator has been appointed for the estate of the ward, the guardian shall pay the money to the conservator, at least quarterly, to be conserved for the ward's future needs;    Immediately notify the court if the ward's condition has changed so that the ward is capable of exercising rights previously removed;    Inform the court of any change in the ward's custodial dwelling or address; and    Immediately notify the court in writing of the ward's death.        History. Source: L. 2000: Entire part R&RE, p. 1798, § 1, effective January 1, 2001 (see § 15-17-103 ).    Editor's note:   This section is similar to former § 15-14-312 as it existed prior to 2001.   ANNOTATION   Law reviews. For article, “Adult Guardianships and Conservatorships: Protection of Constitutional Rights”, see 15 Colo. Law. 820 (1986). For article, “Colorado Guardianship and Conservatorship Law: A Status Report”, see 16 Colo. Law. 421 (1987). For article, “Anticipating Disabilities: Voluntary Planning Opportunities in Colorado”, see 17 Colo. Law. 437 (1988).   This section confers upon the guardian no greater right to the custody of his ward than had the parent at common law. People ex rel. Flannery v. Bolton, 27 Colo. App. 39, 146 P. 489 (1915) (decided under repealed CSA, C. 176, § 140).   The trial court did not abuse its discretion in admitting evidence of the respondent's prognosis or the ethics of performing cardiopulmonary resuscitation as concerns the best interest standard of subsection (1). People ex rel. Yeager, 93 P.3d 589 (Colo. App. 2004).   Applied in In re A.W., 637 P.2d 366 (Colo. 1981).
CO Code § 15-14-315 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 3 - Guardianship of Incapacitated Person|§ 15-14-315. Powers of Guardian

  Subject to the limitations set forth in section 15-14-316 and except as otherwise limited by the court, a guardian may:   Apply for and receive money payable to the ward or the ward's guardian or custodian for the support of the ward under the terms of any statutory system of benefits or insurance or any private contract, devise, trust, conservatorship, or custodianship;    If otherwise consistent with the terms of any order by a court of competent jurisdiction relating to custody of the ward, take custody of the ward and establish the ward's place of custodial dwelling, but may only establish or move the ward's place of dwelling outside this state upon express authorization of the court;    If a conservator for the estate of the ward has not been appointed with existing authority, commence a proceeding, including an administrative proceeding, or take other appropriate action to compel a person to support the ward or to pay money for the benefit of the ward;    Consent to medical or other care, treatment, or service for the ward; and    If reasonable under all of the circumstances, delegate to the ward certain responsibilities for decisions affecting the ward's well-being.       The court may specifically authorize or direct the guardian to consent to the adoption or marriage of the ward.     History. Source: L. 2000: Entire part R&RE, p. 1799, § 1, effective January 1, 2001 (see § 15-17-103 ).    Editor's note:   This section is similar to former § 15-14-312 as it existed prior to 2001.   ANNOTATION   Law reviews. For article, “Adult Guardianships and Conservatorships: Protection of Constitutional Rights”, see 15 Colo. Law. 820 (1986). For article, “Colorado Guardianship and Conservatorship Law: A Status Report”, see 16 Colo. Law. 421 (1987). For article, “Anticipating Disabilities: Voluntary Planning Opportunities in Colorado”, see 17 Colo. Law. 437 (1988). For article, “Marriage, Divorce, and Annulment When One Party is Arguably Incapacitated”, see 43 Colo. Law. 39 (Feb. 2014).   This section confers upon the guardian no greater right to the custody of his ward than had the parent at common law. People ex rel. Flannery v. Bolton, 27 Colo. App. 39, 146 P. 489 (1915) (decided under repealed CSA, C. 176, § 140).   A nonlawyer conservator or guardian in this state is a statutory legal representative only and is therefore prohibited from practicing law and serving as legal counsel in court. The powers granted to conservators under § 15-14-425 and to guardians under this section and § 15-14-315.5 do not establish an exception to § 12-5-101 regarding the practice of law. In re Kanefsky, 260 P.3d 327 (Colo. App. 2010) (decided prior to 2017 amendments relocating article 5 of title 12 to article 93 of title 13).   Applied in In re A.W., 637 P.2d 366 (Colo. 1981).
CO Code § 15-14-315.5 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 3 - Guardianship of Incapacitated Person|§ 15-14-315.5. Dissolution of Marriage and Legal Separation

  The guardian may petition the court for authority to commence and maintain an action for dissolution of marriage or legal separation on behalf of the ward. The court may grant such authority only if satisfied, after notice and hearing, that:   It is in the best interest of the ward based on evidence of abandonment, abuse, exploitation, or other compelling circumstances, and the ward either is incapable of consenting; or    The ward has consented to the proposed dissolution of marriage or legal separation.       Nothing in this section shall be construed as modifying the statutory grounds for dissolution of marriage and legal separation as set forth in section 14-10-106, C.R.S.     History. Source: L. 2000: Entire part R&RE, p. 1800, § 1, effective January 1, 2001 (see § 15-17-103 ).    ANNOTATION   Law reviews. For article, “Marriage, Divorce, and Annulment When One Party is Arguably Incapacitated”, see 43 Colo. Law. 39 (Feb. 2014).   A nonlawyer conservator or guardian in this state is a statutory legal representative only and is therefore prohibited from practicing law and serving as legal counsel in court. The powers granted to conservators under § 15-14-425 and to guardians under § 15-14-315 and this section do not establish an exception to § 12-5-101 regarding the practice of law. In re Kanefsky, 260 P.3d 327 (Colo. App. 2010) (decided prior to 2017 amendments relocating article 5 of title 12 to article 93 of title 13).
CO Code § 15-14-316 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 3 - Guardianship of Incapacitated Person|§ 15-14-316. Rights and Immunities of Guardian - Limitations

  A guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room and board provided by the guardian or one who is affiliated with the guardian, but only as approved by order of the court. If a conservator, other than the guardian or one who is affiliated with the guardian, has been appointed for the estate of the ward, reasonable compensation and reimbursement to the guardian may be approved and paid by the conservator without order of the court.    A guardian need not use the guardian's personal funds for the ward's expenses. A guardian is not liable to a third person for acts of the ward solely by reason of the relationship. A guardian who exercises reasonable care in choosing a third person providing medical or other care, treatment, or service for the ward is not liable for injury to the ward resulting from the negligent or wrongful conduct of the third party.    A guardian, without authorization of the court, may not revoke a medical durable power of attorney made pursuant to section 15-14-506 of which the ward is the principal. If a medical durable power of attorney made pursuant to section 15-14-506 is in effect, absent an order of the court to the contrary, a health-care decision of the agent takes precedence over that of a guardian.    A guardian may not initiate certification of a ward to a mental health-care institution or facility except in accordance with the state's procedure for involuntary treatment and evaluation of a mental health disorder pursuant to article 65 of title 27. To obtain hospital or institutional care and treatment for a ward's mental health disorder, a guardian shall proceed as provided under article 65 of title 27. To obtain services and supports from an approved service agency as defined in section 25.5-10-202 for a ward with intellectual and developmental disabilities, a guardian shall proceed as provided pursuant to article 10 of title 25.5. To obtain care and treatment for a ward's substance use disorder, a guardian shall proceed as provided pursuant to articles 81 and 82 of title 27. A guardian shall not have the authority to consent to any such care or treatment against the ward's will.     History. Source: L. 2000: Entire part R&RE, p. 1800, § 1, effective January 1, 2001 (see § 15-17-103 ). L. 2010: (4) amended,(SB 10-175), ch. 188, p. 782, § 19, effective April 29. L. 2013: (4) amended,(SB 13-1314), ch. 323, p. 1803, § 26, effective March 1, 2014. L. 2017: (4) amended,(SB 17-242), ch. 263, p. 1296, § 117, effective May 25.    Cross references:   For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
CO Code § 15-14-317 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 3 - Guardianship of Incapacitated Person|§ 15-14-317. Reports - Monitoring of Guardianship - Court Access to Records

  Within sixty days after appointment or as otherwise directed by the court, a guardian shall report to the court in writing on the condition of the ward, the guardian's personal care plan for the ward, and account for money and other assets in the guardian's possession or subject to the guardian's control. A guardian shall report at least annually thereafter and whenever ordered by the court. The annual report must state or contain:   The current mental, physical, and social condition of the ward;    The living arrangements for all addresses of the ward during the reporting period;    The medical, educational, vocational, and other services provided to the ward and the guardian's opinion as to the adequacy of the ward's care;    A summary of the guardian's visits with the ward and activities on the ward's behalf and the extent to which the ward has participated in decision-making;    Whether the guardian considers the current plan for care, treatment, or habilitation to be in the ward's best interest;    Plans for future care; and    A recommendation as to the need for continued guardianship and any recommended changes in the scope of the guardianship.       The court may appoint a visitor or other suitable person to review a report, interview the ward or guardian, and make any other investigation the court directs.    The court shall establish a system for monitoring guardianships, including the filing and review of annual reports.      may enter into agreements for the sharing of this data. The judicial department and the courts shall not access data maintained pursuant to the “Address Confidentiality Program Act”, part 21 of article 30 of title 24, C.R.S.    The court shall preserve the confidentiality of the data obtained from other state agencies and use the data only for the purposes set forth in this subsection (4). Notwithstanding the provisions of article 72 of title 24, C.R.S., documents and information obtained by the court pursuant to this subsection (4) are not public records and shall be open to public inspection only upon an order of the court based on a finding of good cause, except to the extent they would otherwise be open to inspection from the providing state agency.    For purposes of this subsection (4), “contact information” means name, residential address, business address, date of birth, date of death, phone number, e-mail address, or other identifying information as directed by the court.         History. Source: L. 2000: Entire part R&RE, p. 1801, § 1, effective January 1, 2001 (see § 15-17-103 ). L. 2012: Entire section amended, (HB 12-1074), ch. 46, p. 166, § 1, effective March 22.
CO Code § 15-14-319 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 3 - Guardianship of Incapacitated Person|§ 15-14-319. Right to a Lawyer Post-Adjudication

  An adult ward has the right post-adjudication to be represented by a lawyer of the ward's choosing at the expense of the ward's estate unless the court finds by clear and convincing evidence that the ward lacks sufficient capacity to provide informed consent for representation by a lawyer. Upon such a finding, the court shall appoint a guardian ad litem, and the adult ward retains the right to a lawyer of the adult ward's choosing for the limited purpose of interlocutory appeal of the court's decision as to the right to a lawyer.    The right to a lawyer described in subsection (1) of this section applies to a ward participating in proceedings or seeking any remedy under parts 1 to 4 of this article, including change or termination of a guardianship, judicial review of fiduciary conduct, appellate relief, and any other petition for relief from the court.    Subject to subsection (1) of this section, the court shall appoint a lawyer to represent any adult ward in any proceedings pursuant to parts 1 to 4 of this article if the ward is not represented by a lawyer and the court determines the ward needs such representation.    A lawyer for the ward, on presentation of proof of representation, must be given access to all information pertinent to proceedings under this title, including immediate access to medical records and information.     History. Source: L. 2016: Entire section added, (SB 16-131), ch. 286, p. 1165, § 3, effective August 10.
CO Code § 15-14-402 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 4 - Protection of Property of Protected Person|§ 15-14-402. Jurisdiction Over Business Affairs of Protected Person

  After the service of notice in a proceeding seeking a conservatorship or other protective order and until termination of the proceeding, the court in which the petition is filed has:   Exclusive jurisdiction to determine the need for a conservatorship or other protective order;    Exclusive jurisdiction to determine how the estate of the protected person which is subject to the laws of this state must be managed, expended, or distributed to or for the use of the protected person, individuals who are in fact dependent upon the protected person, or other claimants; and    Concurrent jurisdiction to determine the validity of claims against the person or estate of the protected person and questions of title concerning assets of the estate.        History. Source: L. 2000: Entire part R&RE, p. 1802, § 1, effective January 1, 2001 (see § 15-17-103 ).    Editor's note:   This section is similar to former § 15-14-402 as it existed prior to 2001.   ANNOTATION   Applied in Jenkins v. Mesa County Dist. Court, 620 P.2d 721 (Colo. 1980) (decided prior to 2000 repeal and reenactment).
CO Code § 15-14-404 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 4 - Protection of Property of Protected Person|§ 15-14-404. Notice

  A copy of the petition and the notice of hearing on a petition for conservatorship or other protective order must be served personally on the respondent, if the respondent has attained twelve years of age, but if the respondent's whereabouts are unknown or personal service cannot be made, service on the respondent must be made by substituted service or publication. The notice must include a statement that the respondent must be physically present unless excused by the court, inform the respondent of the respondent's rights at the hearing, and, if the appointment of a conservator is requested, include a description of the nature, purpose, and consequences of an appointment. A failure to serve the respondent with a notice substantially complying with this subsection (1) is jurisdictional and thus precludes the court from granting the petition.    In a proceeding to establish a conservatorship or for another protective order, notice of the hearing must be given to the persons listed in the petition. Failure to give notice under this subsection (2) does not preclude the appointment of a conservator or the making of another protective order.    Notice of the hearing on a petition for an order after appointment of a conservator or making of another protective order, together with a copy of the petition, must be given to the protected person, if the protected person has attained twelve years of age and is not missing, detained, or unable to return to the United States, any conservator of the protected person's estate, and any other person as ordered by the court.    A conservator shall give notice of the filing of the conservator's inventory, report, or plan of conservatorship, together with a copy of the inventory, report, or plan of conservatorship to the protected person and any other person the court directs. The notice must be delivered or sent within ten days after the filing of the inventory, report, or plan of conservatorship.     History. Source: L. 2000: Entire part R&RE, p. 1804, § 1, effective January 1, 2001 (see § 15-17-103 ). L. 2001: (1) amended, p. 889, § 8, effective June 1.    Editor's note:   This section is similar to former § 15-14-405 as it existed prior to 2001.