reglab/housing_qa huggingface dataset:
CO Code § 15-14-117 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 1 - General Provisions|§ 15-14-117. Multiple Appointments or Nominations

 If a respondent or other person makes more than one written appointment or nomination of a guardian or a conservator, the most recent controls.   History. Source: L. 2000: Entire part R&RE, p. 1784, § 1, effective January 1, 2001 (see § 15-17-103 ).
CO Code § 15-14-119 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 1 - General Provisions|§ 15-14-119. Notice to Public Institutions on Appointment of Guardian or Conservator

 When any court shall appoint a conservator of the estate of a protected person or a guardian of an incapacitated person committed to or residing in any public institution of this state, the court shall notify the superintendent or chief administrative officer of said public institution or, if unknown, the executive director of the department of human services in writing of the fact of such appointment, giving the name and address of the conservator or guardian.   History. Source: L. 2000: Entire part R&RE, p. 1786, § 1, effective January 1, 2001 (see § 15-17-103 ).    Editor's note:   This section is similar to former § 15-14-106 as it existed prior to 2001.
CO Code § 15-14-120 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 1 - General Provisions|§ 15-14-120. Uniform Veterans' Guardianship Act Not Affected

 If any of the provisions of parts 1 to 4 of this article are inconsistent with the provisions of part 2 of article 5 of title 28, C.R.S., known as the “Uniform Veterans' Guardianship Act”, the provisions of that act shall prevail with respect to funds or proceedings subject thereto.   History. Source: L. 2000: Entire part R&RE, p. 1786, § 1, effective January 1, 2001 (see § 15-17-103 ).    Editor's note:   This section is similar to former § 15-14-105 as it existed prior to 2001.
CO Code § 15-14-121 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 1 - General Provisions|§ 15-14-121. Uniformity of Application and Construction

 In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.   History. Source: L. 2000: Entire part R&RE, p. 1786, § 1, effective January 1, 2001 (see § 15-17-103 ).
CO Code § 15-14-122 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 1 - General Provisions|§ 15-14-122. Severability Clause

 If any provision of parts 1 to 4 of this article or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of parts 1 to 4 of this article which can be given effect without the invalid provision or application, and to this end the provisions of parts 1 to 4 of this article are severable.   History. Source: L. 2000: Entire part R&RE, p. 1786, § 1, effective January 1, 2001 (see § 15-17-103 ).
CO Code § 15-14-201 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 2 - Guardianship of Minor|§ 15-14-201. Appointment and Status of Guardian

 A person becomes a guardian of a minor by appointment by a parent or guardian by will or written instrument or upon appointment by the court. The guardianship continues until terminated, without regard to the location of the guardian or minor ward.   History. Source: L. 2000: Entire part R&RE, p. 1786, § 1, effective January 1, 2001 (see § 15-17-103 ); entire section amended, p. 290, § 8, effective January 1, 2001.    Editor's note:   This section is similar to former § 15-14-201 as it existed prior to 2001.
CO Code § 15-14-203 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 2 - Guardianship of Minor|§ 15-14-203. Objection of Others to Parental Appointment - Consent by Minor of Twelve Years of Age or Older to Appointment of Guardian

  Until the court has confirmed an appointee under section 15-14-202, the other parent, or a person other than a parent or guardian having care or custody of the minor may prevent or terminate the appointment at any time by filing a written objection in the court in which the appointing instrument is filed and giving notice of the objection to the guardian and any other persons entitled to notice of the acceptance of the appointment. An objection may be withdrawn, and if withdrawn is of no effect. The objection does not preclude judicial appointment of the person selected by the parent or guardian. The court may treat the filing of an objection or the refusal of the minor to consent as a petition for the appointment of an emergency or a temporary guardian under section 15-14-204, and proceed accordingly.    Until the court has confirmed an appointee under section 15-14-202, a minor who is the subject of an appointment by a parent or guardian and who has attained twelve years of age has the right to consent or refuse to consent to an appointment of a guardian. If the minor consents to the appointment of the guardian, the minor shall file with the court in which the will is probated or the written instrument is filed a written consent to the appointment before it is accepted or within thirty-five days after notice of its acceptance. If the minor does not consent to the appointment of a guardian, then the court shall appoint a guardian pursuant to section 15-14-204.     History. Source: L. 2000: Entire part R&RE, p. 1787, § 1, effective January 1, 2001 (see § 15-17-103 ); entire section amended, p. 292, § 10, effective January 1, 2001. L. 2012: (2) amended,(SB 12-175), ch. 208, p. 840, § 50, effective July 1.    Editor's note:   This section is similar to former § 15-14-203 as it existed prior to 2001.   ANNOTATION   Objection to a parental appointment under subsection (1) terminates and may prevent the appointment and triggers a judicial appointment by the trial court. However, the trial court's involvement in the appointment process upon objection by another party does not prevent the court from reappointing the testamentary appointee. In re R.M.S., 128 P.3d 783 (Colo. 2006).   Best interest of the child standard applies when a court must appoint a guardian for a minor when a person with the care or custody of the child objects to a testamentary appointment. The testamentary nomination, while one of many factors to consider, shall not be considered binding where the trial court determines that a party with the care or custody of the minor is better suited to act as permanent guardian. In re R.M.S., 128 P.3d 783 (Colo. 2006).
CO Code § 15-14-205 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 2 - Guardianship of Minor|§ 15-14-205. Judicial Appointment of Guardian - Procedure

  After a petition for appointment of a guardian is filed, the court shall schedule a hearing, and the petitioner shall give notice of the time and place of the hearing, together with a copy of the petition, to:   The minor, if the minor has attained twelve years of age and is not the petitioner;    Any person alleged to have had the primary care and custody of the minor during the sixty days before the filing of the petition;    Each living parent of the minor or, if there is none, the adult nearest in kinship that can be found;    Any person nominated as guardian by the minor if the minor has attained twelve years of age;    Any appointee of a parent or guardian whose appointment has not been prevented or terminated under section 15-14-203 (1) or whose appointment was consented to under section 15-14-203 (2); and    Any guardian or conservator currently acting for the minor in this state or elsewhere.       The court, upon hearing, shall make the appointment if it finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the conditions of section 15-14-204 (2) have been met, and the best interest of the minor will be served by the appointment. In other cases, the court may dismiss the proceeding or make any other disposition of the matter that will serve the best interest of the minor.    If the court determines at any stage of the proceeding, before or after appointment, that the interests of the minor are or may be inadequately represented, it may appoint a lawyer to represent the minor, giving consideration to the choice of the minor if the minor has attained twelve years of age.     History. Source: L. 2000: Entire part R&RE, p. 1789, § 1, effective January 1, 2001 (see § 15-17-103 ); (1) amended, p. 294, § 12, effective January 1, 2001.    Editor's note:   This section is similar to former § 15-14-207 as it existed prior to 2001.   ANNOTATION   Law reviews. For article, “Securing the Nonparent's Place in a Child's Life Through Adoption and Adoption Alternatives”, see 37 Colo. Law. 27 (Oct. 2008).   Subsection (3) authorizes the appointment of a temporary guardian and does not incorporate the requirement of abandonment or such other requirements of § 15-14-204 for the appointment of a permanent guardian. O.R.L. v. Smith, 996 P.2d 788 (Colo. App. 2000).
CO Code § 15-14-206 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 2 - Guardianship of Minor|§ 15-14-206. Judicial Appointment of Guardian - Priority of Minor's Nominee - Limited Guardianship

  The court shall appoint a guardian whose appointment will be in the best interest of the minor. The court shall appoint a guardian nominated by the minor, if the minor has attained twelve years of age, unless the court finds the appointment will be contrary to the best interest of the minor.    In the interest of developing self-reliance of a ward or for other good cause, the court, at the time of appointment or later, on its own motion or on motion of the minor ward or other interested person, may limit the powers of a guardian otherwise granted by this part 2 and thereby create a limited guardianship. Following the same procedure, the court may grant additional powers or withdraw powers previously granted.     History. Source: L. 2000: Entire part R&RE, p. 1789, § 1, effective January 1, 2001 (see § 15-17-103 ).    Editor's note:   This section is similar to former § 15-14-206 as it existed prior to 2001.   ANNOTATION   Law reviews. For article, “Legal Protection of Children in Nontraditional Families”, see 29 Colo. Law. 79 (Nov. 2000).   In the initial selection of a conservator the wishes of the ward should be given consideration, premised upon the mental ability of the ward to exercise a “sensible opinion” on the matter. The instant record demonstrates that the ward is unable to exercise such a sensible opinion as to who should serve as the conservator of his estate. No authority requires the probate court to substitute conservators because the ward prefers a different conservator. In re Estate of Alencoy v. Wysowatcky, 170 Colo. 385 , 461 P.2d 210 (1969) (decided under repealed § 153-9-1, C.R.S. 1963). In the initial selection of a conservator the wishes of the ward should be given consideration, premised upon the mental ability of the ward to exercise a “sensible opinion” on the matter. The instant record demonstrates that the ward is unable to exercise such a sensible opinion as to who should serve as the conservator of his estate. No authority requires the probate court to substitute conservators because the ward prefers a different conservator. In re Estate of Alencoy v. Wysowatcky, 170 Colo. 385 , 461 P.2d 210 (1969) (decided under repealed § 153-9-1, C.R.S. 1963).
CO Code § 15-14-209 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 2 - Guardianship of Minor|§ 15-14-209. Rights and Immunities of a Guardian

  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 the court. If a conservator, other than the guardian or a person 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 guardianship. A guardian is not liable for injury to the ward resulting from the negligence or act of a third person providing medical or other care, treatment, or service for the ward except to the extent that a parent would be liable under the circumstances.     History. Source: L. 2000: Entire part R&RE, p. 1791, § 1, effective January 1, 2001 (see § 15-17-103 ).    Editor's note:   This section is similar to former § 15-14-209 as it existed prior to 2001.
CO Code § 15-14-210 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 2 - Guardianship of Minor|§ 15-14-210. Termination of Guardianship - Other Proceedings After Appointment

  A guardianship of a minor terminates upon the minor's death, adoption, emancipation, or attainment of majority or as ordered by the court; except that the appointment of a guardian of a minor pursuant to section 15-14-204 (2.5) does not terminate based on age until twenty-one years of age.    A ward or a person interested in the welfare of a ward may petition for any order that is in the best interest of the ward. The petitioner shall give notice of the hearing on the petition to the ward, if the ward has attained twelve years of age and is not the petitioner, the guardian, and any other person as ordered by the court.    Issues of liability as between an estate and the estate's guardian individually may be determined:   In a proceeding pursuant to section 15-10-504;    In a proceeding for accounting, surcharge, indemnification, sanctions, or removal; or    In other appropriate proceedings.        History. Source: L. 2000: Entire part R&RE, p. 1791, § 1, effective January 1, 2001 (see § 15-17-103 ). L. 2008: (3) added, p. 484, § 10, effective July 1. L. 2019: (1) amended,(HB 19-1042), ch. 55, p. 193, § 3, effective March 28.    Editor's note:   This section is similar to former § 15-14-210 as it existed prior to 2001.   ANNOTATION   Where a parent's role as day-to-day caregiver of a minor is relinquished through contested or uncontested judicial proceedings and with no indication by the court that the relinquishment was intended to be temporary, the parent has enjoyed and exercised his or her fundamental rights. In re M.J.K., 200 P.3d 1106 (Colo. App. 2008).   Subsequent application of the statutory standards for terminating guardianships or modifying allocations of parental responsibility, which standards certainly allow a court to consider the relationship between the biological parent and the child, does not violate the parent's constitutional rights. In re M.J.K., 200 P.3d 1106 (Colo. App. 2008).   To hold otherwise would effectively afford a parent who relinquishes his or her day-to-day parenting responsibilities through judicial processes a substantial, if not automatic, right to terminate a guardianship or modify an allocation of parental rights with no regard for the perhaps significant impact on his or her children. In re M.J.K., 200 P.3d 1106 (Colo. App. 2008).
CO Code § 15-14-301 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 3 - Guardianship of Incapacitated Person|§ 15-14-301. Appointment and Status of Guardian

 A person becomes a guardian of an incapacitated person upon appointment by the court. The guardianship continues until terminated, without regard to the location of the guardian or ward.   History. Source: L. 2000: Entire part R&RE, p. 1792, § 1, effective January 1, 2001 (see § 15-17-103 ).
CO Code § 15-14-306 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 3 - Guardianship of Incapacitated Person|§ 15-14-306. Professional Evaluation

  At or before a hearing under this part 3, the court may order a professional evaluation of the respondent and shall order the evaluation if the respondent so demands. If the court orders the evaluation, the respondent must be examined by a physician, psychologist, or other individual appointed by the court who is qualified to evaluate the respondent's alleged impairment. The examiner shall promptly file a written report with the court. Unless otherwise directed by the court, the report must contain:   A description of the nature, type, and extent of the respondent's specific cognitive and functional limitations, if any;    An evaluation of the respondent's mental and physical condition and, if appropriate, educational potential, adaptive behavior, and social skills;    A prognosis for improvement and a recommendation as to the appropriate treatment or habilitation plan; and    The date of any assessment or examination upon which the report is based.        History. Source: L. 2000: Entire part R&RE, p. 1794, § 1, effective January 1, 2001 (see § 15-17-103 ).
CO Code § 15-14-308 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 3 - Guardianship of Incapacitated Person|§ 15-14-308. Presence and Rights at Hearing

  Unless excused by the court for good cause, the proposed guardian shall attend the hearing. The respondent shall attend the hearing, unless excused by the court for good cause. The respondent may present evidence and subpoena witnesses and documents; examine witnesses, including any court-appointed physician, psychologist, or other individual qualified to evaluate the alleged impairment, and the visitor; and otherwise participate in the hearing. The hearing may be held in a manner that reasonably accommodates the respondent and may be closed upon the request of the respondent or upon a showing of good cause, except that the hearing may not be closed over the objection of the respondent.    Any person may request permission to participate in the proceeding. The court may grant the request, with or without hearing, upon determining that the best interest of the respondent will be served. The court may attach appropriate conditions to the participation.    The petitioner shall make every reasonable effort to secure the respondent's attendance at the hearing.     History. Source: L. 2000: Entire part R&RE, p. 1795, § 1, effective January 1, 2001 (see § 15-17-103 ).
CO Code § 15-14-309 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 3 - Guardianship of Incapacitated Person|§ 15-14-309. Notice

  A copy of a petition for guardianship and notice of the hearing on the petition must be served personally on the respondent. 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 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 guardianship, a copy of the petition for guardianship and notice of the hearing meeting the requirements of subsection (1) of this section must be given to the persons listed in the petition. Failure to give notice under this subsection (2) is not jurisdictional and thus does not preclude the appointment of a guardian or the making of a protective order.    Notice of the hearing on a petition for an order after appointment of a guardian, together with a copy of the petition, must be given to the ward, the guardian, and any other person the court directs.    A guardian shall give notice of the filing of the guardian's report, together with a copy of the report, to the ward and any other person the court directs. The notice must be delivered or sent within ten days after the filing of the report.     History. Source: L. 2000: Entire part R&RE, p. 1795, § 1, effective January 1, 2001 (see § 15-17-103 ).    Editor's note:   This section is similar to former § 15-14-309 as it existed prior to 2001.   ANNOTATION   Section does not require petitioner to personally serve respondent with additional notice of a continued guardianship hearing after an initial notice was made. Requiring the service of additional notices would not further protect a respondent's rights under the statutory scheme. In Interest of Spohr, 2019 COA 171 , 456 P.3d 86.   Applied in In Interest of Spohr, 2018 COA 74 , 422 P.3d 625.
CO Code § 15-14-311 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 3 - Guardianship of Incapacitated Person|§ 15-14-311. Findings - Order of Appointment

  The court may:   Appoint a limited or unlimited guardian for a respondent only if it finds by clear and convincing evidence that:   The respondent is an incapacitated person; and    The respondent's identified needs cannot be met by less restrictive means, including use of appropriate and reasonably available technological assistance; or       With appropriate findings, treat the petition as one for a protective order under section 15-14-401, enter any other appropriate order, or dismiss the proceeding.       The court, whenever feasible, shall grant to a guardian only those powers necessitated by the ward's limitations and demonstrated needs and make appointive and other orders that will encourage the development of the ward's maximum self-reliance and independence.    Within thirty days after an appointment, a guardian shall send or deliver to the ward and to all other persons given notice of the hearing on the petition a copy of the order of appointment, together with a notice of the right to request termination or modification.     History. Source: L. 2000: Entire part R&RE, p. 1797, § 1, effective January 1, 2001 (see § 15-17-103 ).    Editor's note:   This section is similar to former § 15-14-304 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, “Interrogating Medical Witnesses as to Mental Capacity”, see 23 Colo. Law. 2753 (1994). For article, “Legal Guidelines and Methods for Evaluating Capacity”, see 32 Colo. Law. 65 (June 2003).   Because there was no declaration of mental incapacity at a formal hearing prior to plaintiff's execution of a warranty deed, the good faith purchasers had no constructive notice of plaintiff's alleged mental state. Therefore, the good faith purchasers have a valid interest in the property even if it is later established that plaintiff was mentally incapacitated when he executed the deed. Delsas ex rel. Delsas v. Centex Home Equity, 186 P.3d 141 (Colo. App. 2008).