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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 14 - COLORADO UNIFORM ESTATE TAX APPORTIONMENT ACT (§§ 15-12-1401 — 15-12-1414) › Section 15-12-1410 - Right of reimbursement

(1)
A person required pursuant to section
15-12-1409
to pay an estate tax greater than the amount due from the person pursuant to sections
15-12-1403
and
15-12-1404
has a right to reimbursement from another person to the extent that the other person has not paid the tax required by sections
15-12-1403
and
15-12-1404
and a right to reimbursement ratably from other persons to the extent that each has not contributed a portion of the amount collected pursuant to section
15-12-1409(2)
.
(2)
A fiduciary may enforce the right of reimbursement under subsection (1) of this section on behalf of the person that is entitled to the reimbursement and shall take reasonable steps to do so if so requested by the person.
Added by 2011 Ch. 184,§ 1, eff. 8/10/2011.
OFFICIAL COMMENT
The Act does not include a provision for interest on the collection of a reimbursement, and the question of whether interest will be payable is left to the courts to decide.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 14 - COLORADO UNIFORM ESTATE TAX APPORTIONMENT ACT (§§ 15-12-1401 — 15-12-1414) › Section 15-12-1411 - Action to determine or enforce part

A fiduciary, transferee, or beneficiary of the gross estate may maintain an action for declaratory judgment to have a court determine and enforce this part 14.
Added by 2011 Ch. 184,§ 1, eff. 8/10/2011.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 14 - COLORADO UNIFORM ESTATE TAX APPORTIONMENT ACT (§§ 15-12-1401 — 15-12-1414) › Section 15-12-1412 - Uniformity of application and construction

In applying and construing this part 14, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by 2011 Ch. 184,§ 1, eff. 8/10/2011.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 14 - COLORADO UNIFORM ESTATE TAX APPORTIONMENT ACT (§§ 15-12-1401 — 15-12-1414) › Section 15-12-1413 - Severability

If any provision of this part 14 or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part 14 that can be given effect without the invalid provision or application, and to this end the provisions of this part 14 are severable.
Added by 2011 Ch. 184,§ 1, eff. 8/10/2011.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 14 - COLORADO UNIFORM ESTATE TAX APPORTIONMENT ACT (§§ 15-12-1401 — 15-12-1414) › Section 15-12-1414 - Delayed application

(1)
Sections
15-12-1403
to
15-12-1407
shall not apply to the estate of a decedent who dies on or within three years after August 10, 2011, nor to the estate of a decedent who dies more than three years after August 10, 2011, if the decedent continuously lacked testamentary capacity from the expiration of the three-year period after August 10, 2011, until the date of death.
(2)
For the estate of a decedent who dies on or after August 10, 2011, to which sections
15-12-1403
to
15-12-1407
do not apply, estate taxes shall be apportioned pursuant to the law in effect immediately before August 10, 2011.
(3)
The provisions of this part 14 may be adopted as applicable law in a governing instrument at any time on or after August 10, 2011. The provisions of this part 14 may be incorporated by reference, in whole or in part, into a governing instrument at any time.
Added by 2011 Ch. 184,§ 1, eff. 8/10/2011.
OFFICIAL COMMENT
Testamentary capacity was chosen as the standard for determining whether the preclusion for applying the Act's apportionment rules is extended beyond the statutory period despite the fact that a different standard is employed to determine whether a person has the capacity to execute non-testamentary instruments. Testamentary capacity is employed in the Act because it has a well established meaning and will provide a uniform standard. See Restatement (Third) of Property: Wills and Other Donative Transfers, Section 8.1 (2003).
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 15 - [Repealed] (§ 15-12-1501) › Section 15-12-1501 - to 15-12-1511 - [Repealed]

Repealed by 2021 Ch. 423,§12, eff. 7/2/2021.
This part 15 was added in 2021 by House Bill 21-1004 and relocated to part 13 of article
11
of this title 15. For the text of this part 15 prior to its relocation, see chapter 3 of the 2021 Session Laws of Colorado, p. 7.
Added by 2021 Ch. 3,§1, eff. 1/21/2021.
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 13 - ANCILLARY ADMINISTRATION (§§ 15-13-101 — 15-13-401) › Part 1 - DEFINITIONS (§ 15-13-101) › Section 15-13-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Local administration" means administration by a personal representative appointed in this state pursuant to appointment proceedings described in article
12
of this title.
(2)
"Local personal representative" includes any personal representative appointed in this state pursuant to appointment proceedings described in article
12
of this title and excludes foreign personal representatives who acquire the power of a local personal representative pursuant to section
15-13-205
.
(3)
"Resident creditor" means a person domiciled in, or doing business in, this state, who is, or could be, a claimant against an estate of a nonresident decedent.
L. 73: R&RE, p. 1609, § 1. C.R.S. 1963: § 153-4-101.
L. 73: R & RE, p. 1609, § 1. C.R.S. 1963: § 153-4-101.
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 13 - ANCILLARY ADMINISTRATION (§§ 15-13-101 — 15-13-401) › Part 2 - POWERS OF FOREIGN PERSONAL REPRESENTATIVES (§§ 15-13-201 — 15-13-207) › Section 15-13-201 - Payment of debt and delivery of property to domiciliary foreign personal representative without local administration

(1)
At any time after the expiration of sixty days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock, or chose in action belonging to the estate of the nonresident decedent may pay the debt, deliver the personal property, or the instrument evidencing the debt, obligation, stock, or chose in action, to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of the representative's appointment, and an affidavit made by or on behalf of the representative stating:
(a)
The date of the death of the nonresident decedent;
(b)
That no local administration, or application or petition therefor, is pending in this state;
(c)
That the domiciliary foreign personal representative is entitled to payment or delivery.
L. 73: R&RE, p. 1609, § 1. C.R.S. 1963: § 153-4-201. L. 2002: IP(1) amended, p. 1360, § 11, effective July 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 13 - ANCILLARY ADMINISTRATION (§§ 15-13-101 — 15-13-401) › Part 2 - POWERS OF FOREIGN PERSONAL REPRESENTATIVES (§§ 15-13-201 — 15-13-207) › Section 15-13-202 - Payment or delivery discharges

Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a local personal representative.
L. 73: R&RE, p. 1610, § 1. C.R.S. 1963: § 153-4-202.
L. 73: R & RE, p. 1610, § 1. C.R.S. 1963: § 153-4-202.
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 13 - ANCILLARY ADMINISTRATION (§§ 15-13-101 — 15-13-401) › Part 2 - POWERS OF FOREIGN PERSONAL REPRESENTATIVES (§§ 15-13-201 — 15-13-207) › Section 15-13-203 - Resident creditor notice

Payment or delivery under section
15-13-201
may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should not be paid nor the property delivered to the domiciliary foreign personal representative.
L. 73: R&RE, p. 1610, § 1. C.R.S. 1963: § 153-4-203.
L. 73: R & RE, p. 1610, § 1. C.R.S. 1963: § 153-4-203.
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 13 - ANCILLARY ADMINISTRATION (§§ 15-13-101 — 15-13-401) › Part 2 - POWERS OF FOREIGN PERSONAL REPRESENTATIVES (§§ 15-13-201 — 15-13-207) › Section 15-13-204 - Proof of authority

If no local administration or application or petition therefor is pending in this state, a domiciliary foreign personal representative may file with a court in this state, in a county in which property belonging to the decedent is located, authenticated copies of the appointment documents.
L. 73: R&RE, p. 1610, § 1. C.R.S. 1963: § 153-4-204. L. 87: Entire section amended, p. 602, § 4, effective July 1. L. 2006: Entire section amended, p. 392, § 25, effective July 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 13 - ANCILLARY ADMINISTRATION (§§ 15-13-101 — 15-13-401) › Part 2 - POWERS OF FOREIGN PERSONAL REPRESENTATIVES (§§ 15-13-201 — 15-13-207) › Section 15-13-205 - Powers

A domiciliary foreign personal representative who has complied with section
15-13-204
may exercise as to assets in this state all powers of a local personal representative and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident parties generally.
L. 73: R&RE, p. 1610, § 1. C.R.S. 1963: § 153-4-205.
L. 73: R & RE, p. 1610, § 1. C.R.S. 1963: § 153-4-205.
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 13 - ANCILLARY ADMINISTRATION (§§ 15-13-101 — 15-13-401) › Part 2 - POWERS OF FOREIGN PERSONAL REPRESENTATIVES (§§ 15-13-201 — 15-13-207) › Section 15-13-206 - Power of representatives in transition

The power of a domiciliary foreign personal representative under section
15-13-201
or
15-13-205
shall be exercised only if there is no administration or application therefor pending in this state. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under section
15-13-205
, but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate. No person who, before receiving actual notice of a pending local administration, has changed his position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for him in any action or proceedings in this state.
L. 73: R&RE, p. 1610, § 1. C.R.S. 1963: § 153-4-206.
L. 73: R & RE, p. 1610, § 1. C.R.S. 1963: § 153-4-206.
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 13 - ANCILLARY ADMINISTRATION (§§ 15-13-101 — 15-13-401) › Part 2 - POWERS OF FOREIGN PERSONAL REPRESENTATIVES (§§ 15-13-201 — 15-13-207) › Section 15-13-207 - Ancillary and other local administrations - provisions governing

(1)
In respect to a nonresident decedent, the provisions of article
12
of this title govern:
(a)
Proceedings, if any, in a court of this state for probate of the will, appointment, removal, supervision, and discharge of the local personal representative, and any other order concerning the estate; and
(b)
The status, powers, duties, and liabilities of any local personal representative and the rights of claimants, purchasers, distributees, and others in regard to a local administration.
L. 73: R&RE, p. 1610, § 1. C.R.S. 1963: § 153-4-207.
L. 73: R & RE, p. 1610, § 1. C.R.S. 1963: § 153-4-207.
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 13 - ANCILLARY ADMINISTRATION (§§ 15-13-101 — 15-13-401) › Part 3 - JURISDICTION OVER FOREIGN REPRESENTATIVES (§§ 15-13-301 — 15-13-303) › Section 15-13-301 - Jurisdiction by act of foreign personal representative

(1)
A foreign personal representative submits personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by:
(a)
Filing authenticated copies of his appointment as provided in section
15-13-204
;
(b)
Receiving payment of money or taking delivery of personal property under section
15-13-201
; or
(c)
Doing any act as a personal representative in this state which would have given the state jurisdiction over him as an individual.
(2)
Jurisdiction conferred by this section shall not include jurisdiction over the personal representative for matters unrelated to the estate for which he was acting when he submitted himself to the jurisdiction of the courts of this state by performing any of the acts enumerated in this section and, under paragraph (b) of subsection (1) of this section, is limited to the money or value of personal property collected.
L. 73: R&RE, p. 1611, § 1. C.R.S. 1963: § 153-4-301. L. 75: IP(1) amended, p. 601, § 44, effective July 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 13 - ANCILLARY ADMINISTRATION (§§ 15-13-101 — 15-13-401) › Part 3 - JURISDICTION OVER FOREIGN REPRESENTATIVES (§§ 15-13-301 — 15-13-303) › Section 15-13-302 - Jurisdiction by act of decedent

In addition to jurisdiction conferred by section
15-13-301
, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that his decedent was subject to jurisdiction immediately prior to death.
L. 73: R&RE, p. 1611, § 1. C.R.S. 1963: § 153-4-302.
L. 73: R & RE, p. 1611, § 1. C.R.S. 1963: § 153-4-302.
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 13 - ANCILLARY ADMINISTRATION (§§ 15-13-101 — 15-13-401) › Part 3 - JURISDICTION OVER FOREIGN REPRESENTATIVES (§§ 15-13-301 — 15-13-303) › Section 15-13-303 - Service on foreign personal representative

(1)
Service of process may be made upon the foreign personal representative by registered or certified mail, addressed to his last reasonably ascertainable address, requesting and receiving a return receipt signed by addressee only. Notice by ordinary first class mail is sufficient if registered or certified mail service to the addressee is unavailable. Service may be made upon a foreign personal representative in the manner in which service could have been made under other laws of this state on either the foreign personal representative or his decedent immediately prior to death.
(2)
If service is made upon a foreign personal representative as provided in subsection (1) of this section, he or she shall be allowed at least thirty-five days within which to appear or respond.
L. 73: R&RE, p. 1611, § 1. C.R.S. 1963: § 153-4-303. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 839, § 47, effective July 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 13 - ANCILLARY ADMINISTRATION (§§ 15-13-101 — 15-13-401) › Part 4 - JUDGMENTS AND PERSONAL REPRESENTATIVE (§ 15-13-401) › Section 15-13-401 - Effect of adjudication for or against personal representative

An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if he were a party to the adjudication.
L. 73: R&RE, p. 1611, § 1. C.R.S. 1963: § 153-4-401.
L. 73: R & RE, p. 1611, § 1. C.R.S. 1963: § 153-4-401.
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 1 - GENERAL PROVISIONS (§§ 15-14-101 — 15-14-122) › Section 15-14-101 - Short title

Parts 1 to 4 of this article may be cited as the "Colorado Uniform Guardianship and Protective Proceedings Act".
L. 2000: Entire part R&RE, p. 1778, § 1, effective 1/1/2001 (see §
15-17-103
).
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 1 - GENERAL PROVISIONS (§§ 15-14-101 — 15-14-122) › Section 15-14-104 - Facility of transfer

(1)
Unless a person required to transfer money or personal property to a minor knows that a conservator has been appointed or that a proceeding for appointment of a conservator of the estate of the minor is pending, the person may do so, as to an amount or value not exceeding ten thousand dollars a year or the then current annual gift tax exclusion as stated in the internal revenue code, whichever is greater, by transferring it to:
(a)
A person who has the care and custody of the minor and with whom the minor resides;
(b)
A guardian of the minor;
(c)
A custodian under the "Colorado Uniform Transfers to Minors Act", article
50
of title
11
, C.R.S., or a custodial trustee under the "Colorado Uniform Custodial Trust Act", article
1.5
of this title; or
(d)
A financial institution as a deposit in an interest-bearing account or certificate in the sole name of the minor and giving notice of the deposit to the minor.
(2)
A person who transfers money or property in compliance with this section is not responsible for its proper application.
(3)
A guardian or other person who receives money or property for a minor under paragraph (a) of subsection (1) of this section or subsection (2) of this section may only apply it to the support, care, education, health, and welfare of the minor, and may not derive a personal financial benefit except for reimbursement for necessary expenses. Any excess must be preserved for the future support, care, education, health, and welfare of the minor, and any balance must be transferred to the minor upon emancipation or attaining majority with an accounting of all income and disbursements.
L. 2000: Entire part R&RE, p. 1780, § 1, effective 1/1/2001 (see §
15-17-103
).
This section is similar to former § 15-14-103 as it existed prior to 2001.
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 1 - GENERAL PROVISIONS (§§ 15-14-101 — 15-14-122) › Section 15-14-105 - Delegation of power by parent or guardian

A parent or guardian of a minor or incapacitated person, by a power of attorney, may delegate to another person, for a period not exceeding twelve months, any power regarding care, custody, or property of the minor or ward, except the power to consent to marriage or adoption.
L. 2000: Entire part R&RE, p. 1780, § 1, effective 1/1/2001 (see §
15-17-103
).
This section is similar to former § 15-14-104 as it existed prior to 2001.
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 1 - GENERAL PROVISIONS (§§ 15-14-101 — 15-14-122) › Section 15-14-106 - Subject-matter jurisdiction

(1)
Except as provided in subsection (2) of this section, parts 1 to 4 of this article apply to, and the court has jurisdiction over, guardianship and related proceedings for individuals domiciled or present in this state, protective proceedings for individuals domiciled in or having property located in this state, and property coming into the control of a guardian or conservator who is subject to the laws of this state. Such jurisdiction is subject to the provisions of section
19-1-104 (4) and (5)
, C.R.S., with respect to guardianships for children under the "Colorado Children's Code".
(2)
In matters concerning adults, article
14.5
of this title shall apply and shall supersede the terms of subsection (1) of this section.
L. 2000: Entire part R&RE, p. 1780, § 1, effective 1/1/2001 (see §
15-17-103
). L. 2008: Entire section amended, p. 797, § 2, effective May 14.
This section is similar to former § 15-14-102 as it existed prior to 2001.
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 1 - GENERAL PROVISIONS (§§ 15-14-101 — 15-14-122) › Section 15-14-107 - Transfer of jurisdiction

(1)
After the appointment of a guardian or conservator or entry of another protective order, the court making the appointment or entering the order may transfer the proceeding to a court in another county in this state or to another state if the court is satisfied that a transfer will serve the best interest of the ward or protected person.
(2)
(a)
Except as provided in paragraph (b) of this subsection (2), if a guardianship or protective proceeding is pending in another state or a foreign country and a petition for guardianship or protective proceeding is filed in a court in this state, the court in this state shall notify the original court and, after consultation with the original court, assume or decline jurisdiction, whichever is in the best interest of the ward or protected person.
(b)
In matters concerning adults, the provisions of article
14.5
of this title shall apply.
(3)
(a)
Except as provided in paragraph (b) of this subsection (3), a guardian, conservator, or like fiduciary appointed in another state may petition the court for appointment as a guardian or conservator in this state if venue in this state is or will be established. The appointment may be made upon proof of appointment in the other state and presentation of a certified copy of the portion of the court record in the other state specified by the court in this state. Notice of hearing on the petition, together with a copy of the petition, must be given to the ward or protected person, if the ward or protected person has attained twelve years of age, and to the persons who would be entitled to notice if the regular procedures for appointment of a guardian or conservator under parts 1 to 4 of this article were applicable. The court shall make the appointment in this state unless it concludes that the appointment would not be in the best interest of the ward or protected person. Upon the filing of an acceptance of office and any required bond, the court shall issue appropriate letters of guardianship or conservatorship. Within ten days after an appointment, the guardian or conservator shall send or deliver a copy of the order of appointment to the ward or protected person, if the ward or protected person has attained twelve years of age, and to all persons given notice of the hearing on the petition.
(b)
In matters concerning adults, the provisions of article
14.5
of this title shall apply.
L. 2000: Entire part R&RE, p. 1781, § 1, effective 1/1/2001 (see §
15-17-103
). L. 2008: (2) and (3) amended, p. 797, § 3, 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 - PERSONS UNDER DISABILITY - PROTECTION (§§ 15-14-101 — 15-14-806) › Part 1 - GENERAL PROVISIONS (§§ 15-14-101 — 15-14-122) › Section 15-14-108 - Venue

(1)
Venue for a guardianship proceeding for a minor is in the county of this state in which the minor resides or is present at the time the proceeding is commenced.
(2)
Venue for a guardianship proceeding for an incapacitated person is in the county of this state in which the respondent resides and, if the respondent has been admitted to an institution by order of a court of competent jurisdiction, in the county in which the court is located. Venue for the appointment of an emergency or a temporary substitute guardian of an incapacitated person is also in the county in which the respondent is present.
(3)
Venue for a protective proceeding is in the county of this state in which the respondent resides, whether or not a guardian has been appointed in another place or, if the respondent does not reside in this state, in any county of this state in which property of the respondent is located.
(4)
If a proceeding under parts 1 to 4 of this article is brought in more than one county in this state, the court of the county in which the proceeding is first brought has the exclusive right to proceed unless that court determines that venue is properly in another court or that the interests of justice otherwise require that the proceeding be transferred.
L. 2000: Entire part R&RE, p. 1781, § 1, effective 1/1/2001 (see §
15-17-103
).
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 1 - GENERAL PROVISIONS (§§ 15-14-101 — 15-14-122) › Section 15-14-109 - Practice in court - consolidation of proceedings

(1)
Except as otherwise provided in parts 1 to 4 of this article, the rules of civil procedure and the Colorado rules of probate procedure, including the rules concerning appellate review, govern proceedings under parts 1 to 4 of this article.
(2)
If guardianship and protective proceedings as to the same individual are commenced or pending in the same court, the proceedings may be consolidated.
L. 2000: Entire part R&RE, p. 1782, § 1, effective 1/1/2001 (see §
15-17-103
).
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 1 - GENERAL PROVISIONS (§§ 15-14-101 — 15-14-122) › Section 15-14-111 - Effect of acceptance of appointment

By accepting appointment, a guardian or conservator submits personally to the jurisdiction of the court in any proceeding relating to the guardianship or conservatorship.
L. 2000: Entire part R&RE, p. 1782, § 1, effective 1/1/2001 (see §
15-17-103
).
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 1 - GENERAL PROVISIONS (§§ 15-14-101 — 15-14-122) › Section 15-14-112 - Termination of or change in guardian's or conservator's appointment

(1)
The appointment of a guardian or conservator terminates upon the death, resignation, or removal of the guardian or conservator or upon termination of the guardianship or conservatorship. A resignation of a guardian or conservator is effective when approved by the court. A parental appointment as guardian under an informally probated will terminates if the will is later denied probate in a formal proceeding. Termination of the appointment of a guardian or conservator without a decree of discharge does not affect the liability of either for previous acts or the obligation to account for money and other assets of the ward or protected person.
(2)
A guardian or conservator may petition for permission to resign. A petition for removal of a guardian or conservator shall be governed by the provisions of section
15-10-503
. A petition for removal or permission to resign may include a request for appointment of a successor guardian or conservator.
(3)
The court may appoint an additional guardian or conservator at any time, to serve immediately or upon some other designated event, and may appoint a successor guardian or conservator in the event of a vacancy or make the appointment in contemplation of a vacancy, to serve if a vacancy occurs. An additional or successor guardian or conservator may file an acceptance of appointment at any time after the appointment, but not later than thirty days after the occurrence of the vacancy or other designated event. The additional or successor guardian or conservator becomes eligible to act on the occurrence of the vacancy or designated event, or the filing of the acceptance of appointment, whichever occurs last. A successor guardian or conservator succeeds to the predecessor's powers, and a successor conservator succeeds to the predecessor's title to the protected person's assets.
L. 2000: Entire part R&RE, p. 1782, § 1, effective 1/1/2001 (see §
15-17-103
). L. 2008: (2) amended, p. 484, § 9, effective July 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 1 - GENERAL PROVISIONS (§§ 15-14-101 — 15-14-122) › Section 15-14-113 - Notice

(1)
Except as otherwise ordered by the court for good cause, if notice of a hearing on a petition is required, other than a notice for which specific requirements are otherwise provided, the petitioner shall give notice of the time and place of the hearing to the person to be notified. Notice must be given in compliance with Colorado rules of probate procedure, at least fourteen days before the hearing.
(2)
Proof of notice must be made before or at the hearing and filed in the proceeding.
(3)
A notice under parts 1 to 4 of this article must be given in plain language.
L. 2000: Entire part R&RE, p. 1783, § 1, effective 1/1/2001 (see §
15-17-103
). L. 2012: (1) amended, (SB 12-175), ch. 208, p. 839, § 48, effective July 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 1 - GENERAL PROVISIONS (§§ 15-14-101 — 15-14-122) › Section 15-14-114 - Waiver of notice

A person may waive notice by a writing signed by the person or the person's attorney and filed in the proceeding in accordance with Colorado rules of probate procedure. However, a respondent, ward, or protected person may not waive notice.
L. 2000: Entire part R&RE, p. 1783, § 1, effective 1/1/2001 (see §
15-17-103
).
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 1 - GENERAL PROVISIONS (§§ 15-14-101 — 15-14-122) › Section 15-14-115 - Guardian ad litem

At any stage of a proceeding, a court may appoint a guardian ad litem if the court determines that representation of the interest otherwise would be inadequate. If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several individuals or interests. The court shall state on the record the duties of the guardian ad litem and its reasons for the appointment.
L. 2000: Entire part R&RE, p. 1783, § 1, effective 1/1/2001 (see §
15-17-103
).
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 1 - GENERAL PROVISIONS (§§ 15-14-101 — 15-14-122) › Section 15-14-116 - Request for notice - interested persons

An interested person not otherwise entitled to notice who desires to be notified before any order is made in a guardianship proceeding, including a proceeding after the appointment of a guardian, or in a protective proceeding, may file a request for notice with the clerk of the court in which the proceeding is pending in accordance with Colorado rules of probate procedure. The clerk shall send or deliver a copy of the request to the guardian and to the conservator if one has been appointed. A request is not effective unless it contains a statement showing the interest of the person making it and the address of that person or a lawyer to whom notice is to be given. The request is effective only as to proceedings conducted after its filing. A governmental agency paying or planning to pay benefits to the respondent or protected person is an interested person in a protective proceeding.
L. 2000: Entire part R&RE, p. 1783, § 1, effective 1/1/2001 (see §
15-17-103
).
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 1 - GENERAL PROVISIONS (§§ 15-14-101 — 15-14-122) › Section 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.
L. 2000: Entire part R&RE, p. 1784, § 1, effective 1/1/2001 (see §
15-17-103
).
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 1 - GENERAL PROVISIONS (§§ 15-14-101 — 15-14-122) › Section 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.
L. 2000: Entire part R&RE, p. 1786, § 1, effective 1/1/2001 (see §
15-17-103
).
This section is similar to former § 15-14-106 as it existed prior to 2001.
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 1 - GENERAL PROVISIONS (§§ 15-14-101 — 15-14-122) › Section 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.
L. 2000: Entire part R&RE, p. 1786, § 1, effective 1/1/2001 (see §
15-17-103
).
This section is similar to former § 15-14-105 as it existed prior to 2001.
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 1 - GENERAL PROVISIONS (§§ 15-14-101 — 15-14-122) › Section 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.
L. 2000: Entire part R&RE, p. 1786, § 1, effective 1/1/2001 (see §
15-17-103
).
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 1 - GENERAL PROVISIONS (§§ 15-14-101 — 15-14-122) › Section 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.
L. 2000: Entire part R&RE, p. 1786, § 1, effective 1/1/2001 (see §
15-17-103
).
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 2 - GUARDIANSHIP OF MINOR (§§ 15-14-201 — 15-14-210) › Section 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.
L. 2000: Entire part R&RE, p. 1786, § 1, effective 1/1/2001 (see §
15-17-103
); entire section amended, p. 290, § 8, effective 1/1/2001.
This section is similar to former § 15-14-201 as it existed prior to 2001.
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 2 - GUARDIANSHIP OF MINOR (§§ 15-14-201 — 15-14-210) › Section 15-14-203 - Objection of others to parental appointment - consent by minor of twelve years of age or older to appointment of guardian

(1)
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.
(2)
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
.
L. 2000: Entire part R&RE, p. 1787, § 1, effective 1/1/2001 (see §
15-17-103
); entire section amended, p. 292, § 10, effective 1/1/2001. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 840, § 50, effective July 1.
This section is similar to former § 15-14-203 as it existed prior to 2001.
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 2 - GUARDIANSHIP OF MINOR (§§ 15-14-201 — 15-14-210) › Section 15-14-205 - Judicial appointment of guardian - procedure

(1)
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:
(a)
The minor, if the minor has attained twelve years of age and is not the petitioner;
(b)
Any person alleged to have had the primary care and custody of the minor during the sixty days before the filing of the petition;
(c)
Each living parent of the minor or, if there is none, the adult nearest in kinship that can be found;
(d)
Any person nominated as guardian by the minor if the minor has attained twelve years of age;
(e)
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
(f)
Any guardian or conservator currently acting for the minor in this state or elsewhere.
(2)
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.
(3)
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.
L. 2000: Entire part R&RE, p. 1789, § 1, effective 1/1/2001 (see §
15-17-103
); (1) amended, p. 294, § 12, effective 1/1/2001.
This section is similar to former § 15-14-207 as it existed prior to 2001.
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 2 - GUARDIANSHIP OF MINOR (§§ 15-14-201 — 15-14-210) › Section 15-14-206 - Judicial appointment of guardian - priority of minor's nominee - limited guardianship

(1)
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.
(2)
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.
L. 2000: Entire part R&RE, p. 1789, § 1, effective 1/1/2001 (see §
15-17-103
).
This section is similar to former § 15-14-206 as it existed prior to 2001.
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 2 - GUARDIANSHIP OF MINOR (§§ 15-14-201 — 15-14-210) › Section 15-14-207 - Duties of guardian

(1)
Except as otherwise limited by the court, a guardian of a minor ward has the duties and responsibilities of a parent regarding the ward's support, care, education, health, and welfare. A guardian shall act at all times in the ward's best interest and exercise reasonable care, diligence, and prudence.
(2)
A guardian shall:
(a)
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;
(b)
Take reasonable care of the ward's personal effects and bring a protective proceeding if necessary to protect other property of the ward;
(c)
Expend money of the ward which has been received by the guardian for the ward's current needs for support, care, education, health, and welfare;
(d)
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 at least quarterly to the conservator to be conserved for the ward's future needs;
(e)
Report the condition of the ward and account for money and other assets in the guardian's possession or subject to the guardian's control, as ordered by the court on application of any person interested in the ward's welfare or as required by court rule; and
(f)
Inform the court of any change in the ward's custodial dwelling or address.
L. 2000: Entire part R&RE, p. 1790, § 1, effective 1/1/2001 (see §
15-17-103
).
This section is similar to former § 15-14-209 as it existed prior to 2001.
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 2 - GUARDIANSHIP OF MINOR (§§ 15-14-201 — 15-14-210) › Section 15-14-208 - Powers of guardian

(1)
Except as otherwise limited by the court, a guardian of a minor ward has the powers of a parent regarding the ward's support, care, education, health, and welfare.
(2)
A guardian may:
(a)
Apply for and receive money for the support of the ward otherwise payable to the ward's parent, guardian, or custodian under the terms of any statutory system of benefits or insurance or any private contract, devise, trust, conservatorship, or custodianship;
(b)
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 custodial dwelling outside the state upon express authorization of the court;
(c)
If a conservator for the estate of a 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;
(d)
Consent to medical or other care, treatment, or service for the ward;
(e)
Consent to the marriage of the ward; and
(f)
If reasonable under all of the circumstances, delegate to the ward certain responsibilities for decisions affecting the ward's well-being.
(3)
The court may specifically authorize the guardian to consent to the adoption of the ward.
L. 2000: Entire part R&RE, p. 1790, § 1, effective 1/1/2001 (see §
15-17-103
).
This section is similar to former § 15-14-209 as it existed prior to 2001.