reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14 - PERSONS UNDER DISABILITY - PROTECTION (§§ 15-14-101 — 15-14-806) › Part 7 - UNIFORM POWER OF ATTORNEY ACT (§§ 15-14-701 — 15-14-745) › Subpart 2 - OWNERSHIP AS BETWEEN PARTIES AND OTHERS (§§ 15-14-724 — 15-14-740) › Section 15-14-735 - Claims and litigation

(1)
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to:
(a)
Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief;
(b)
Bring an action to determine adverse claims or intervene or otherwise participate in litigation;
(c)
Seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree;
(d)
Make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation;
(e)
Submit to alternative dispute resolution, settle, and propose or accept a compromise;
(f)
Waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation;
(g)
Act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee that affects an interest of the principal in property or other thing of value;
(h)
Pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and
(i)
Receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 406, §1, effective April 9.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14 - PERSONS UNDER DISABILITY - PROTECTION (§§ 15-14-101 — 15-14-806) › Part 7 - UNIFORM POWER OF ATTORNEY ACT (§§ 15-14-701 — 15-14-745) › Subpart 2 - OWNERSHIP AS BETWEEN PARTIES AND OTHERS (§§ 15-14-724 — 15-14-740) › Section 15-14-737 - Benefits from governmental programs or civil or military service

(1)
In this section, "benefits from governmental programs or civil or military service" means any benefit, program, or assistance provided under a statute or regulation including social security, medicare, and medicaid.
(2)
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to:
(a)
Execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in section
15-14-736(1)(a)
, and for shipment of their household effects;
(b)
Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose;
(c)
Enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a benefit or program;
(d)
Prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation;
(e)
Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation; and
(f)
Receive the financial proceeds of a claim described in paragraph (d) of this subsection (2) and conserve, invest, disburse, or use for a lawful purpose anything so received.
L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 408, §1, effective April 9.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14 - PERSONS UNDER DISABILITY - PROTECTION (§§ 15-14-101 — 15-14-806) › Part 7 - UNIFORM POWER OF ATTORNEY ACT (§§ 15-14-701 — 15-14-745) › Subpart 2 - OWNERSHIP AS BETWEEN PARTIES AND OTHERS (§§ 15-14-724 — 15-14-740) › Section 15-14-738 - Retirement plans

(1)
In this section, "retirement plan" means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the following sections of the federal "Internal Revenue Code of 1986", as amended:
(a)
An individual retirement account under Internal Revenue Code section 408,
26 U.S.C. sec. 408
, as amended;
(b)
A Roth individual retirement account under Internal Revenue Code section 408A,
26 U.S.C. sec. 408A
, as amended;
(c)
A deemed individual retirement account under Internal Revenue Code section 408 (q),
26 U.S.C. sec. 408(q)
, as amended;
(d)
An annuity or mutual fund custodial account under Internal Revenue Code section 403 (b),
26 U.S.C. sec. 403(b)
, as amended;
(e)
A pension, profit-sharing, stock bonus, or other retirement plan qualified under Internal Revenue Code section 401 (a),
26 U.S.C. sec. 401(a)
, as amended;
(f)
A plan under Internal Revenue Code section 457 (b),
26 U.S.C. sec. 457(b)
, as amended; and
(g)
A nonqualified deferred compensation plan under Internal Revenue Code section 409A,
26 U.S.C. sec. 409A
, as amended.
(2)
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to:
(a)
Select the form and timing of payments under a retirement plan and withdraw benefits from a plan;
(b)
Make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;
(c)
Establish a retirement plan in the principal's name and designate a beneficiary that will be the estate of the principal;
(d)
Make contributions to a retirement plan;
(e)
Exercise investment powers available under a retirement plan; and
(f)
Borrow from, sell assets to, or purchase assets from a retirement plan.
L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 409, §1, effective April 9.
OFFICIAL COMMENT
This section, based on Section 15 of the Uniform Statutory Form Power of Attorney Act, has been substantially updated to reflect changes in the laws governing retirement plans. A significant departure from the Uniform Statutory Form Power of Attorney Act is the deletion of default authority in the agent to waive the right of the principal to be a beneficiary of a joint or survivor annuity (
see
Unif. Statutory Form Power of Atty. Act § 15 (1988)). Under this Act, the authority to waive the principal's right to be a beneficiary of a joint and survivor annuity must be given by a specific grant pursuant to Section
15-14-724(1)
.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14 - PERSONS UNDER DISABILITY - PROTECTION (§§ 15-14-101 — 15-14-806) › Part 7 - UNIFORM POWER OF ATTORNEY ACT (§§ 15-14-701 — 15-14-745) › Subpart 2 - OWNERSHIP AS BETWEEN PARTIES AND OTHERS (§§ 15-14-724 — 15-14-740) › Section 15-14-739 - Taxes

(1)
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to:
(a)
Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, "Federal Insurance Contributions Act", and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and any other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under Internal Revenue Code section 2032A,
26 U.S.C. sec. 2032A
, as amended, closing agreements, and any power of attorney required by the internal revenue service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following twenty-five tax years;
(b)
Pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the internal revenue service or other taxing authority;
(c)
Exercise any election available to the principal under federal, state, local, or foreign tax law; and
(d)
Act for the principal in all tax matters for all periods before the internal revenue service, or other taxing authority.
L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 410, §1, effective April 9.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14 - PERSONS UNDER DISABILITY - PROTECTION (§§ 15-14-101 — 15-14-806) › Part 7 - UNIFORM POWER OF ATTORNEY ACT (§§ 15-14-701 — 15-14-745) › Subpart 3 - PROTECTION OF FINANCIAL INSTITUTIONS (§§ 15-14-741 — 15-14-742) › Section 15-14-742 - Certification

The following optional form may be used by an agent to certify facts concerning a power of attorney.
AGENT'S CERTIFICATION AS TO THE VALIDITY OF
POWER OF ATTORNEY AND AGENT'S AUTHORITY
State of __________________________________ County of __________________________________
I, __________________________________ (Name of agent), certify under penalty of perjury that __________________________________ (Name of principal) granted me authority as an agent or successor agent in a power of attorney dated __________________________________.
I further certify that to my knowledge:
(1)
The principal is alive and has not revoked the power of attorney or my authority to act under the power of attorney and the power of attorney and my authority to act under the power of attorney have not terminated;
(2)
If the power of attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;
(3)
If I was named as a successor agent, the prior agent is no longer able or willing to serve; and
(4)
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
(Insert other relevant statements)
SIGNATURE AND ACKNOWLEDGMENT
_______________________ _____________
Agent signature Date
_______________________
Agent's name printed
_______________________
_______________________
Agent's address
_______________________
Agent's telephone number
This document was acknowledged before me on ________________________,
(Date)
by ________________________.
(Name of agent)
__________________________(Seal, if any)
Signature of notary
My commission expires:________________________
This document prepared by:
___________________________________________
L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 417, §1, effective April 9.
OFFICIAL COMMENT
This section provides an optional form that may be used by an agent to certify facts concerning a power of attorney. Although the form contains statements of fact about which persons commonly request certification, other factual statements may be added to the form for the purpose of providing an agent certification pursuant to Section
15-14-719
.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14 - PERSONS UNDER DISABILITY - PROTECTION (§§ 15-14-101 — 15-14-806) › Part 7 - UNIFORM POWER OF ATTORNEY ACT (§§ 15-14-701 — 15-14-745) › Subpart 4 - MISCELLANEOUS PROVISIONS (§§ 15-14-743 — 15-14-745) › Section 15-14-743 - Uniformity of application and construction

In applying and construing this part 7, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 418, §1, effective April 9.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14 - PERSONS UNDER DISABILITY - PROTECTION (§§ 15-14-101 — 15-14-806) › Part 7 - UNIFORM POWER OF ATTORNEY ACT (§§ 15-14-701 — 15-14-745) › Subpart 4 - MISCELLANEOUS PROVISIONS (§§ 15-14-743 — 15-14-745) › Section 15-14-744 - Relation to "Electronic Signatures in Global and National Commerce Act"

This part 7, modifies, limits, and supersedes the federal "Electronic Signatures in Global and National Commerce Act",
15 U.S.C. sec. 7001
et seq., but does not modify, limit, or supersede section 101 (c) of that act,
15 U.S.C. sec. 7001(c)
, or authorize electronic delivery of any of the notices described in section 103 (b) of that act,
15 U.S.C. sec. 7003(b)
.
L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 418, §1, effective April 9.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14 - PERSONS UNDER DISABILITY - PROTECTION (§§ 15-14-101 — 15-14-806) › Part 7 - UNIFORM POWER OF ATTORNEY ACT (§§ 15-14-701 — 15-14-745) › Subpart 4 - MISCELLANEOUS PROVISIONS (§§ 15-14-743 — 15-14-745) › Section 15-14-745 - Effect on existing powers of attorney

(1)
Except as otherwise provided in this part 7, on January 1, 2010:
(a)
This part 7 applies to a power of attorney created before, on, or after January 1, 2010;
(b)
This part 7 applies to a judicial proceeding concerning a power of attorney commenced on or after January 1, 2010;
(c)
This part 7 applies to a judicial proceeding concerning a power of attorney commenced before January 1, 2010, unless the court finds that application of a provision of this part 7 would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and
(d)
An act done before January 1, 2010, is not affected by this part 7.
(2)
(a)
A power of attorney is durable as determined pursuant to section
15-14-704(1)
and is otherwise construed and applied in accordance with this part 7 prior to January 1, 2010, if the power of attorney:
(I)
Is signed on or after the date this part 7 becomes law and before January 1, 2010;
(II)
Is either:
(A)
Substantially in the form set forth in section
15-14-741
; or
(B)
States that it is subject to the "Uniform Power of Attorney Act" or to this part 7.
(b)
To the extent of any conflict between this subsection (2) and section
15-14-501
, this subsection (2) shall control.
Amended by 2018 Ch. 274,§ 12, eff. 5/29/2018.
L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 418, §1, effective April 9. L. 2018: (2)(b) amended, (HB 18-1375), ch. 274, p. 1697, § 12, effective May 29.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14 - PERSONS UNDER DISABILITY - PROTECTION (§§ 15-14-101 — 15-14-806) › Part 8 - SUPPORTED DECISION-MAKING AGREEMENTS FOR ADULTS WITH A DISABILITY (§§ 15-14-801 — 15-14-806) › Section 15-14-802 - Definitions

As used in this part 8, unless the context otherwise requires:
(1)
"Adult" means an individual who is eighteen years of age or older, or an emancipated minor.
(2)
"Assist" means helping an adult with a disability weigh the pros and cons of a decision and understand the possible outcomes of making such a decision.
(3)
"Disability" means a physical or mental impairment that substantially limits one or more major life activities or a record of such an impairment.
(4)
"Member of the supportive community" means a person whom the adult has identified, whom the adult trusts to engage in the supported decision-making process, and who understands the adult's desires and personal values.
(5)
"Supported decision-making" means a process in which an adult with a disability has made or is making decisions by using friends, family members, professionals, or other people the adult with a disability trusts to:
(a)
Help understand the issues and choices;
(b)
Answer questions;
(c)
Provide explanations in a language the adult with a disability understands;
(d)
Communicate the adult with a disability's decision to others, if necessary and if specifically requested by the adult with a disability; or
(e)
Facilitate the exercise of decisions regarding the adult with a disability's day-to-day health, safety, welfare, or financial affairs.
(6)
"Supported decision-making agreement" or "agreement" means a voluntary agreement entered into pursuant to this part 8 between an adult with a disability and one or more members of the adult with a disability's supportive community.
Added by 2021 Ch. 61,§1, eff. 9/7/2021.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14 - PERSONS UNDER DISABILITY - PROTECTION (§§ 15-14-101 — 15-14-806) › Part 8 - SUPPORTED DECISION-MAKING AGREEMENTS FOR ADULTS WITH A DISABILITY (§§ 15-14-801 — 15-14-806) › Section 15-14-804 - Access to personal information

(1)
The member of the supportive community may only assist the adult with a disability in accessing, collecting, or obtaining information that is relevant to a decision made pursuant to the supported decision-making agreement and only when such assistance is specifically requested by the adult with a disability.
(2)
If the member of the supportive community assists the adult with a disability in accessing, collecting, or obtaining financial or personal information, the member of the supportive community shall keep the information confidential, as requested by the adult with a disability.
(3)
A member of the supportive community who obtains information pursuant to this section may only use such information for the specific purposes requested by the adult with a disability and any misuse of the information may be subject to criminal and civil liability.
(4)
The existence of a supported decision-making agreement does not preclude an adult with a disability from seeking personal information on their own without the assistance of the member of the supportive community.
Added by 2021 Ch. 61,§1, eff. 9/7/2021.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14 - PERSONS UNDER DISABILITY - PROTECTION (§§ 15-14-101 — 15-14-806) › Part 8 - SUPPORTED DECISION-MAKING AGREEMENTS FOR ADULTS WITH A DISABILITY (§§ 15-14-801 — 15-14-806) › Section 15-14-805 - Agreement requirements - signature - witnesses or notary public

(1)
A supported decision-making agreement may be in any form but is valid only if it contains, at a minimum, the following:
(a)
The name of the adult with a disability;
(b)
The name, address, phone number, and e-mail address of the member of the supportive community, if applicable;
(c)
A list of decisions the adult with a disability requests the member of the supportive community to advise the adult with a disability on;
(d)
A description of the member of the supportive community's agreement terms, including, at a minimum, the agreement term to:
(I)
Provide information as requested by the adult with a disability;
(II)
Respect that the final and ultimate decision is the adult with the disability's and not the member of the supportive community's;
(III)
Not coerce or manipulate the adult with the disability into making any decision; and
(IV)
Provide the most up-to-date and relevant information to the adult with the disability based on all the available and known information the member of the supportive community has.
(e)
A notice that any mandatory reporter, as described in section
18-6.5-108
, who is relying on the supported decision-making agreement and has cause to believe that the adult with a disability is being mistreated, as defined in section
18-6.5-102
(10.5), by the member of the supportive community, shall report the alleged mistreatment to adult protective services; and
(f)
The day, month, and year the agreement was entered into.
(2)
A supported decision-making agreement must be signed voluntarily, without coercion or undue influence, by the adult with a disability and each member of the supportive community in the presence of two or more attesting and disinterested witnesses who are eighteen years of age or older, or a notary public.
Added by 2021 Ch. 61,§1, eff. 9/7/2021.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14 - PERSONS UNDER DISABILITY - PROTECTION (§§ 15-14-101 — 15-14-806) › Part 8 - SUPPORTED DECISION-MAKING AGREEMENTS FOR ADULTS WITH A DISABILITY (§§ 15-14-801 — 15-14-806) › Section 15-14-806 - Reliance on agreement - limitation of liability

(1)
A person who receives the original or a copy of the supported decision-making agreement shall rely on the agreement and its authority to assist as presented.
(2)
A person is not subject to criminal or civil liability and does not engage in professional misconduct for an act or omission if the act or omission is done in good faith and in reliance on a supported decision-making agreement and its authority to assist as presented.
Added by 2021 Ch. 61,§1, eff. 9/7/2021.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14.5 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 15-14.5-101 — 15-14.5-503) › Part 1 - GENERAL PROVISIONS (§§ 15-14.5-101 — 15-14.5-106) › Section 15-14.5-101 - Short title

This article may be cited as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act".
L. 2008: Entire article added, p. 787, § 1, effective May 14.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14.5 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 15-14.5-101 — 15-14.5-503) › Part 1 - GENERAL PROVISIONS (§§ 15-14.5-101 — 15-14.5-106) › Section 15-14.5-102 - Definitions

In this article:
(1)
"Adult" means an individual who has attained eighteen years of age.
(2)
"Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under section
15-14-401
.
(3)
"Guardian" means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under section
15-14-301
.
(4)
"Guardianship order" means an order appointing a guardian.
(5)
"Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.
(6)
"Incapacitated person" means an adult for whom a guardian has been appointed.
(7)
"Party" means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.
(8)
"Person," except in the term incapacitated person or protected person, means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(9)
"Protected person" means an adult for whom a protective order has been issued.
(10)
"Protective order" means an order appointing a conservator or other order related to management of an adult's property.
(11)
"Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued.
(12)
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(13)
"Respondent" means an adult for whom a protective order or the appointment of a guardian is sought.
(14)
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
L. 2008: Entire article added, p. 787, § 1, effective May 14.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14.5 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 15-14.5-101 — 15-14.5-503) › Part 1 - GENERAL PROVISIONS (§§ 15-14.5-101 — 15-14.5-106) › Section 15-14.5-103 - International application of article

A court of this state may treat a foreign country as if it were a state for the purpose of applying this part 1 and parts 2, 3, and 5 of this article.
L. 2008: Entire article added, p. 788, § 1, effective May 14.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14.5 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 15-14.5-101 — 15-14.5-503) › Part 1 - GENERAL PROVISIONS (§§ 15-14.5-101 — 15-14.5-106) › Section 15-14.5-104 - Communication between courts

(1)
A court of this state may communicate with a court in another state concerning a proceeding arising under this article. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (2) of this section, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.
(2)
Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
L. 2008: Entire article added, p. 788, § 1, effective May 14.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14.5 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 15-14.5-101 — 15-14.5-503) › Part 1 - GENERAL PROVISIONS (§§ 15-14.5-101 — 15-14.5-106) › Section 15-14.5-105 - Cooperation between courts

(1)
In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:
(a)
Hold an evidentiary hearing;
(b)
Order a person in that state to produce evidence or give testimony pursuant to procedures of that state;
(c)
Order that an evaluation or assessment be made of the respondent;
(d)
Order any appropriate investigation of a person involved in a proceeding;
(e)
Forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph (a) of this subsection (1) or any other proceeding, any evidence otherwise produced under paragraph (b) of this subsection (1), and any evaluation or assessment prepared in compliance with an order under paragraph (c) or (d) of this subsection (1);
(f)
Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person;
(g)
Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in
45 CFR 164.504
, as amended.
(2)
If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (1) of this section, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
L. 2008: Entire article added, p. 789, § 1, effective May 14.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14.5 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 15-14.5-101 — 15-14.5-503) › Part 1 - GENERAL PROVISIONS (§§ 15-14.5-101 — 15-14.5-106) › Section 15-14.5-106 - Taking testimony in another state

(1)
In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(2)
In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(3)
Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
L. 2008: Entire article added, p. 789, § 1, effective May 14.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14.5 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 15-14.5-101 — 15-14.5-503) › Part 2 - JURISDICTION (§§ 15-14.5-201 — 15-14.5-209) › Section 15-14.5-201 - Definitions - significant connection factors

(1)
In this part 2:
(a)
"Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf.
(b)
"Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition.
(c)
"Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
(2)
In determining under sections
15-14.5-203
and
15-14.5-301(5)
whether a respondent has a significant connection with a particular state, the court shall consider:
(a)
The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;
(b)
The length of time the respondent at any time was physically present in the state and the duration of any absence;
(c)
The location of the respondent's property; and
(d)
The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.
L. 2008: Entire article added, p. 790, § 1, effective May 14.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14.5 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 15-14.5-101 — 15-14.5-503) › Part 2 - JURISDICTION (§§ 15-14.5-201 — 15-14.5-209) › Section 15-14.5-202 - Exclusive basis

This part 2 provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.
L. 2008: Entire article added, p. 790, § 1, effective May 14.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14.5 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 15-14.5-101 — 15-14.5-503) › Part 2 - JURISDICTION (§§ 15-14.5-201 — 15-14.5-209) › Section 15-14.5-203 - Jurisdiction

(1)
A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
(a)
This state is the respondent's home state;
(b)
On the date the petition is filed, this state is a significant-connection state and:
(I)
The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or
(II)
The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:
(A)
A petition for an appointment or order is not filed in the respondent's home state;
(B)
An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(C)
The court in this state concludes that it is an appropriate forum under the factors set forth in section
15-14.5-206
;
(c)
This state does not have jurisdiction under either paragraph (a) or (b) of this subsection (1), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or
(d)
The requirements for special jurisdiction under section
15-14.5-204
are met.
L. 2008: Entire article added, p. 791, § 1, effective May 14.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14.5 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 15-14.5-101 — 15-14.5-503) › Part 2 - JURISDICTION (§§ 15-14.5-201 — 15-14.5-209) › Section 15-14.5-204 - Special jurisdiction

(1)
A court of this state lacking jurisdiction under section
15-14.5-203
has special jurisdiction to do any of the following:
(a)
Appoint a guardian in an emergency for a term not exceeding sixty days for a respondent who is physically present in this state;
(b)
Issue a protective order with respect to real or tangible personal property located in this state;
(c)
Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to section
15-14.5-301
.
(2)
If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
L. 2008: Entire article added, p. 791, § 1, effective May 14.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14.5 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 15-14.5-101 — 15-14.5-503) › Part 2 - JURISDICTION (§§ 15-14.5-201 — 15-14.5-209) › Section 15-14.5-205 - Exclusive and continuing jurisdiction

Except as otherwise provided in section
15-14.5-204
, a court that has appointed a guardian or issued a protective order consistent with this article has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
L. 2008: Entire article added, p. 792, § 1, effective May 14.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14.5 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 15-14.5-101 — 15-14.5-503) › Part 2 - JURISDICTION (§§ 15-14.5-201 — 15-14.5-209) › Section 15-14.5-206 - Appropriate forum

(1)
A court of this state having jurisdiction under section
15-14.5-203
to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(2)
If a court of this state declines to exercise its jurisdiction under subsection (1) of this section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
(3)
In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(a)
Any expressed preference of the respondent;
(b)
Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(c)
The length of time the respondent was physically present in or was a legal resident of this or another state;
(d)
The distance of the respondent from the court in each state;
(e)
The financial circumstances of the respondent's estate;
(f)
The nature and location of the evidence;
(g)
The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(h)
The familiarity of the court of each state with the facts and issues in the proceeding; and
(i)
If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
L. 2008: Entire article added, p. 793, § 1, effective May 14.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14.5 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 15-14.5-101 — 15-14.5-503) › Part 2 - JURISDICTION (§§ 15-14.5-201 — 15-14.5-209) › Section 15-14.5-207 - Jurisdiction declined by reason of conduct

(1)
If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(a)
Decline to exercise jurisdiction;
(b)
Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(c)
Continue to exercise jurisdiction after considering:
(I)
The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;
(II)
Whether it is a more appropriate forum than the court of any other state under the factors set forth in section
15-14.5-206(3)
; and
(III)
Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of section
15-14.5-203
.
(2)
If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this article.
L. 2008: Entire article added, p. 793, § 1, effective May 14.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14.5 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 15-14.5-101 — 15-14.5-503) › Part 2 - JURISDICTION (§§ 15-14.5-201 — 15-14.5-209) › Section 15-14.5-208 - Notice of proceeding

If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this state.
L. 2008: Entire article added, p. 793, § 1, effective May 14.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14.5 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 15-14.5-101 — 15-14.5-503) › Part 2 - JURISDICTION (§§ 15-14.5-201 — 15-14.5-209) › Section 15-14.5-209 - Proceedings in more than one state

(1)
Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under section
15-14.5-204(1)(a) or (1)(b)
, if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(a)
If the court in this state has jurisdiction under section
15-14.5-203
, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to section
15-14.5-203
before the appointment or issuance of the order.
(b)
If the court in this state does not have jurisdiction under section
15-14.5-203
, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
L. 2008: Entire article added, p. 793, § 1, effective May 14.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14.5 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 15-14.5-101 — 15-14.5-503) › Part 3 - TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP (§§ 15-14.5-301 — 15-14.5-302) › Section 15-14.5-301 - Transfer of guardianship or conservatorship to another state

(1)
A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.
(2)
Notice of a petition under subsection (1) of this section must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.
(3)
On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (1) of this section.
(4)
The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
(a)
The incapacitated person is physically present in or is reasonably expected to move permanently to the other state;
(b)
An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and
(c)
Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
(5)
The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:
(a)
The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in section
15-14.5-201(2)
;
(b)
An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and
(c)
Adequate arrangements will be made for management of the protected person's property.
(6)
The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:
(a)
A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to section
15-14.5-302
; and
(b)
The documents required to terminate a guardianship or conservatorship in this state.
L. 2008: Entire article added, p. 794, § 1, effective May 14.