2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › ADVOCATES (§§ 13-91-101 — 13-100-104) › Article 94 - OFFICE OF PUBLIC GUARDIANSHIP (§§ 13-94-101 — 13-94-111) › Section 13-94-104.1 - Office of public guardianship board - members - duties - appointment of director - repeal

(1)
(a)
On September 1, 2023, the board of directors for the office of public guardianship is created within the judicial department. The board includes seven members, appointed as follows:
(I)
The chief justice of the Colorado supreme court shall appoint three members who are attorneys admitted to practice law in this state; and
(II)
The governor shall appoint four non-attorney members as follows:
(A)
Three members who have lived experience with a family member who is an at-risk adult or who have expertise and experience in advocating for the at-risk adult population, including advocacy and representation in the areas of aging, mental health, substance use disorders, homelessness, veterans issues, intellectual and developmental disabilities, health care, and law enforcement and criminal justice. At least one of the members appointed pursuant to this subsection (1)(a)(II)(A) must be a person with lived experience with a family member who is an at-risk adult.
(B)
One member who has not served directly in an advocacy role for at-risk adults.
(b)
(I)
Each of the members appointed by the chief justice must reside in a different congressional district, and no more than two members appointed by the chief justice may be from the same political party.
(II)
Each of the members appointed by the governor must reside in a different congressional district, and no more than three members appointed by the governor may be from the same political party.
(c)
In making appointments to the board, the chief justice and the governor shall consider place of residence, including rural or urban residency; disability; sex; race; and ethnic background.
(d)
Each member of the board serves without compensation but is entitled to receive reimbursement from the office of public guardianship cash fund created in section
13-94-108
for actual and necessary expenses the member incurs in the performance of the member's duties.
(2)
(a)
Each member of the board serves at the pleasure of the member's appointing authority. Except for the initial appointments made pursuant to subsection (2)(b) of this section, each member's term of appointment is four years. A member shall not serve more than two consecutive terms.
(b)
(I)
The chief justice and governor shall make initial appointments to the board no later than August 1, 2023, as follows:
(A)
The chief justice and governor shall each appoint one member to a term of four years from among the membership of the public guardianship commission created in section
13-94-104
as it exists on the effective date of this subsection (2)(b);
(B)
The chief justice and governor shall each appoint one member to a term of two years;
(C)
The chief justice and governor shall each appoint one member to a term of three years; and
(D)
The governor shall appoint one member to a term of four years.
(II)
This subsection (2)(b) is repealed, effective December 31, 2027.
(3)
The board shall:
(a)
Appoint the director of the office of public guardianship, who serves at the pleasure of the board;
(b)
Establish bylaws and operating policies for the board; and
(c)
Work collaboratively with the director to provide governance of the office, fiscal oversight of the general operating budget of the office, and programmatic oversight, as established in the bylaws and operating procedures of the board.
(4)
(a)
The board shall make its initial appointment of a director pursuant to subsection (3)(a) of this section no later than December 31, 2023.
(b)
This subsection (4) is repealed, effective June 30, 2024.
Added by 2023 Ch. 282,§ 4, eff. 5/30/2023.