2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › DECLARATIONS - FUTURE HEALTH CARE TREATMENT (§§ 15-18-101 — 15-18.7-207) › Article 18 - COLORADO MEDICAL TREATMENT DECISION ACT (§§ 15-18-101 — 15-18-113) › Section 15-18-108 - Determination of validity

(1)
Any person who is the parent, adult child, spouse, designated beneficiary under the "Colorado Designated Beneficiary Agreement Act", article
22
of this title, or attorney-in-fact under a durable power of attorney of the qualified patient may challenge the validity of a declaration in the appropriate court of the county in which the qualified patient is located. Upon the filing of a petition to challenge the validity of a declaration and notification to the attending physician, a temporary restraining order shall be issued until a final determination as to validity is made.
(2)
(a)
In proceedings pursuant to this section, the court shall appoint a guardian ad litem for the qualified patient, and the guardian ad litem shall take such actions as he or she deems necessary and prudent in the best interests of the qualified patient and shall present to the court a report of his or her actions, findings, conclusions, and recommendations.
(b)
(I)
Unless the court, for good cause shown, provides for a different method or time of notice, the petitioner, at least seven days prior to the hearing, shall cause notice of the time and place of hearing to be given as follows:
(A)
To the qualified patient's guardian or conservator, if any, and the court-appointed guardian ad litem; and
(B)
To the qualified patient's spouse or beneficiary under the "Colorado Designated Beneficiary Agreement Act", article
22
of this title, if the identity and whereabouts of such person is known to the petitioner, or otherwise to an adult child or parent of the qualified patient.
(II)
Notice as required in this paragraph (b) shall be made in accordance with the Colorado rules of civil procedure.
(c)
The court may require evidence, including independent medical evidence, as it deems necessary.
(3)
Upon a determination of the validity of the declaration, the court shall enter any appropriate order.
(4)
If the court determines that any proceedings pursuant to this section or any pleadings filed in such proceedings were brought, defended, or filed in bad faith, the court may assess the fees and costs, including reasonable attorney fees, incurred by the affected parties in responding to the proceedings or pleadings, against a party that brought or defended the proceedings or filed the pleadings in bad faith. Nothing in this section is intended to limit any other remedy, sanction, or surcharge provided by law.
(5)
Any declaration executed in compliance with the requirements of Colorado law in effect at the time the declaration was made shall continue to be an effective declaration after August 11, 2010.
(6)
Any declaration executed in compliance with the laws of the state in which the declaration was executed shall be considered effective for use within the state of Colorado to the extent that such declaration does not violate any laws of the state of Colorado.
L. 2010: Entire article R&RE, (HB 10-1025), ch. 113, p. 380, §1, effective August 11. L. 2012: IP(2)(b)(I) amended, (SB 12-175), ch. 208, p. 842, § 56, effective July 1.