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 4 - PROTECTION OF PROPERTY OF PROTECTED PERSON (§§ 15-14-401 — 15-14-434) › Section 15-14-412.6 - Trust established by an individual - eligibility for certain public assistance programs - general provisions

(1)
For purposes of this section and sections
15-14-412.7
to
15-14-412.9
, unless the context otherwise requires the following definitions apply:
(a)
"Asset" has the same meaning as set forth in Title XIX of the federal "Social Security Act",
42 U.S.C. sec. 1396p (e)
, as amended.
(b)
"Income" has the same meaning as set forth in Title XIX of the federal "Social Security Act",
42 U.S.C. sec. 1396p (e)
, as amended.
(c)
"Public assistance" means public assistance as provided by article
2
of title
26
, C.R.S., and medical assistance as provided by articles
4
,
5
, and
6
of title
25.5
, C.R.S.
(d)
"Resources" has the same meaning as set forth in Title XIX of the federal "Social Security Act",
42 U.S.C. sec. 1396p (e)
, as amended.
(e)
"Trust established by an individual" has the same meaning as set forth in Title XIX of the federal "Social Security Act",
42 U.S.C. sec. 1396p (d)(2)
, as amended.
(2)
Notwithstanding any statutory provision to the contrary, a court shall not authorize, direct, or ratify any trust established by an individual that has the effect of qualifying or purports to qualify the trust beneficiary for public assistance unless the trust meets the criteria set forth in this section, sections
15-14-412.7
to
15-14-412.9
, and any rule adopted by the medical services board pursuant to section
25.5-6-103
, C.R.S.
(3)
The court shall not authorize, direct, or ratify the transfer of any assets owned by a protected person if the transfer has the effect of qualifying or purports to qualify the protected person for public assistance unless the assets are transferred to a trust that meets the criteria set forth in this section, sections
15-14-412.7
to
15-14-412.9
, and any rule adopted by the medical services board pursuant to section
25.5-6-103
, C.R.S.
L. 2000: Entire part R&RE, p. 1811, § 1, effective 1/1/2001 (see §
15-17-103
). L. 2006: (1)(c), (2), and (3) amended, p. 2002, § 51, effective July 1.
This section is similar to former § 15-14-409.6 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 4 - PROTECTION OF PROPERTY OF PROTECTED PERSON (§§ 15-14-401 — 15-14-434) › Section 15-14-412.8 - Disability trusts - limitations

(1)
A disability trust within the meaning of this section is a trust that is established for an individual under sixty-five years of age who is disabled, as such term is defined in Title XIX of the federal "Social Security Act",
42 U.S.C. sec. 1382c (a)(3)
, as amended, consists of assets of the individual, and is established for the purpose or with the effect of establishing or maintaining the individual's resource eligibility for medical assistance.
(2)
A disability trust is not valid for the purpose of establishing or maintaining a person's resource eligibility for medical assistance unless the trust meets all of the following criteria:
(a)
The trust is funded by assets of an individual under age sixty-five who is disabled as defined in
42 U.S.C. sec. 1382c (a)(3)
, as amended, and which is established for the benefit of such individual by the individual, the individual's parent, the individual's grandparent, the individual's guardian, or by the court.
(b)
The trust provides that, upon the death of the beneficiary or termination of the trust during the beneficiary's lifetime, whichever occurs sooner, the department of health care policy and financing receives any amount remaining in the trust up to the total medical assistance paid on behalf of the individual.
(c)
The sole lifetime beneficiaries of the trust are the individual for whom the trust is established and the state medical assistance program. After the death of the person for whom the trust is created or after the trust is terminated during the beneficiary's lifetime, whichever occurs sooner, no person is entitled to payment from the remainder of the trust until the state medical assistance agency has been fully reimbursed for the assistance rendered to the person for whom the trust was created.
(3)
A disability trust is not valid for the purpose of establishing or maintaining eligibility for any category of public assistance other than medical assistance.
(4)
No disability trust shall be valid unless the department of health care policy and financing, or its designee, has reviewed the trust and determined that the trust conforms to the requirements of this section and any rules adopted by the medical services board pursuant to section
25.5-6-103
, C.R.S.
Amended by 2017 Ch. 230, § 1, eff. 5/23/2017.
L. 2000: Entire part R&RE, p. 1813, § 1, effective 1/1/2001 (see §
15-17-103
). L. 2006: (4) amended, p. 2003, § 53, effective July 1. L. 2017: (2)(a) amended, (HB 17-1280), ch. 230, p. 894, § 1, effective May 23.
This section is similar to former § 15-14-409.8 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 4 - PROTECTION OF PROPERTY OF PROTECTED PERSON (§§ 15-14-401 — 15-14-434) › Section 15-14-412.9 - Pooled trusts - limitations

(1)
A pooled trust within the meaning of this section is a trust consisting of individual accounts established for individuals who are disabled and is established for the purpose or with the effect of establishing or maintaining a person's resource eligibility for medical assistance.
(2)
A pooled trust is not valid for the purposes of establishing or maintaining eligibility for medical assistance unless the trust meets the following criteria:
(a)
The trust is established and managed by a nonprofit association that is approved by the United States internal revenue service.
(b)
A separate account is maintained for each beneficiary of the trust; except that the accounts are pooled for purposes of investment and management of funds.
(c)
The sole lifetime beneficiaries of the trust are the individual for whom the trust is established and the state medical assistance program. After the death of the person for whom the trust is created or after the trust is terminated during the beneficiary's lifetime, whichever occurs sooner, no person is entitled to payment from the remainder of the trust until the state medical assistance agency has been fully reimbursed for the assistance rendered to the person for whom the trust was created.
(d)
Accounts in the trust are established solely for the benefit of individuals who are disabled as defined in
42 U.S.C. sec. 1382c (a)(3)
, as amended, and are established by the parent, grandparent, or legal guardian of such individual, by such individual, or by a court.
(e)
The trust provides that, upon the death of the beneficiary or termination of the trust during the beneficiary's lifetime, whichever occurs sooner, to the extent that amounts remaining in the beneficiary's trust account are not retained by the trust, the state medical assistance program receives any amount remaining in that individual's trust account up to the total medical assistance paid on behalf of the individual.
(3)
A pooled trust is not valid for the purpose of establishing or maintaining a person's eligibility for any category of public assistance other than medical assistance.
(4)
No pooled trust shall be valid unless the department of health care policy and financing, or its designee, has reviewed the trust and determined that the trust conforms to the requirements of this section and any rules adopted by the medical services board pursuant to section
25.5-6-103
, C.R.S.
L. 2000: Entire part R&RE, p. 1814, § 1, effective 1/1/2001 (see §
15-17-103
). L. 2006: (4) amended, p. 2003, § 54, effective July 1.
This section is similar to former § 15-14-409.9 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 4 - PROTECTION OF PROPERTY OF PROTECTED PERSON (§§ 15-14-401 — 15-14-434) › Section 15-14-414 - Petition for order subsequent to appointment

(1)
A protected person or a person interested in the welfare of a protected person may file a petition in the appointing court for an order:
(a)
Requiring bond or collateral or additional bond or collateral, or reducing bond or collateral;
(b)
Requiring an accounting for the administration of the protected person's estate;
(c)
Directing distribution;
(d)
Removing the conservator pursuant to section
15-10-503
and appointing a special or successor conservator;
(e)
Modifying the type of appointment or powers granted to the conservator if the extent of protection or management previously granted is currently excessive or insufficient or the protected person's ability to manage the estate and business affairs has so changed as to warrant the action; or
(f)
Granting other appropriate relief.
(2)
A conservator may petition the appointing court for instructions concerning fiduciary responsibility.
(3)
Upon notice and hearing the petition, the court may give appropriate instructions and make any appropriate order.
(4)
At the conclusion of the hearings authorized by this section, the court may review the motions and petitions filed by a party under this section to determine if they were substantially warranted and brought in good faith. If, after the hearing, the court determines that the motions and petitions filed under this section were not substantially warranted or were brought in bad faith, the court may award fees and costs against the movant or petitioner including, but not limited to, the attorney fees and costs incurred by the conservatorship, or the affected parties, in responding to the motions and petitions.
L. 2000: Entire part R&RE, p. 1816, § 1, effective 1/1/2001 (see §
15-17-103
). L. 2008: (1)(d) amended, p. 485, § 12, effective July 1.
This section is similar to former § 15-14-416 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 4 - PROTECTION OF PROPERTY OF PROTECTED PERSON (§§ 15-14-401 — 15-14-434) › Section 15-14-415 - Bond

Unless the court makes specific findings as to the reasons a bond is not required in the present case, the court shall require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the conservatorship according to law, with sureties as it may specify. In the alternative, the court may impose restrictions upon the conservator's access to, or transfer of, the assets of the conservatorship estate. Unless otherwise directed by the court, the cost of the bond shall be charged to the protected person's estate and the bond must be in the amount of the aggregate capital value of the property of the estate in the conservator's control, plus one year's estimated income, and minus the value of assets deposited under arrangements requiring an order of the court for their removal and the value of any real property that the fiduciary, by express limitation, lacks power to sell or convey without court authorization. The court, in place of sureties on a bond, may accept collateral for the performance of the bond, including a pledge of securities or a mortgage of real property.
L. 2000: Entire part R&RE, p. 1817, § 1, effective 1/1/2001 (see §
15-17-103
).
This section is similar to former § 15-14-411 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 4 - PROTECTION OF PROPERTY OF PROTECTED PERSON (§§ 15-14-401 — 15-14-434) › Section 15-14-416 - Terms and requirements of bond

(1)
The following rules apply to any bond required:
(a)
Except as otherwise provided by the terms of the bond, sureties and the conservator are jointly and severally liable.
(b)
By executing the bond of a conservator, a surety submits to the jurisdiction of the court that issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the conservator in which the surety is named as a party. Notice of any proceeding must be sent or delivered to the surety at the address shown in the court records at the place where the bond is filed and to any other address then known to the petitioner.
(c)
On petition of a successor conservator or any interested person, a proceeding may be brought against a surety for breach of the obligation of the bond of the conservator.
(d)
The bond of the conservator may be proceeded against until liability under the bond is exhausted.
(e)
Unless otherwise directed by the court, the cost of the bond shall be paid from the protected person's estate.
(2)
A proceeding may not be brought against a surety on any matter as to which an action or proceeding against the primary obligor is barred.
(3)
If there is a request for the waiver or reduction of a surety upon a bond, the court may require the conservator to supply the court with a credit report, a statement of the conservator's assets, liabilities, income, and expenses, and a statement about any interests the conservator may have in or liability to the conservatorship estate, or any other information the court may wish to consider.
L. 2000: Entire part R&RE, p. 1817, § 1, effective 1/1/2001 (see §
15-17-103
).
This section is similar to former § 15-14-412 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 4 - PROTECTION OF PROPERTY OF PROTECTED PERSON (§§ 15-14-401 — 15-14-434) › Section 15-14-417 - [Repealed]

L. 2000: Entire part R&RE, p. 1818, § 1, effective 1/1/2001 (see §
15-17-103
). L. 2001: (1) amended, p. 889, § 9, effective June 1. L. 2011: Entire section repealed, (SB 11 -083), ch. 101, p. 317, § 27, effective August 10.
This section was similar to former § 15-14-414 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 4 - PROTECTION OF PROPERTY OF PROTECTED PERSON (§§ 15-14-401 — 15-14-434) › Section 15-14-418 - General duties of conservator - financial plan

(1)
A conservator, in relation to powers conferred by this part 4 or implicit in the title acquired by virtue of the proceeding, is a fiduciary and shall observe the standards of care applicable to a trustee.
(2)
A conservator shall take into account the limitations of the protected person, and to the extent possible, as directed by the order of appointment or the financial plan, encourage the person to participate in decisions, act in the person's own behalf, and develop or regain the ability to manage the person's estate and business affairs.
(3)
Within a time set by the court, but no later than ninety days after appointment, a conservator shall file for approval with the appointing court a financial plan for protecting, managing, expending, and distributing the income and assets of the protected person's estate. The financial plan shall be based upon a comparison of the projected income and expenses of the protected person and shall set forth a plan to address the needs of the person and how the assets and income of the protected person shall be managed to meet those needs. The financial plan must be based on the actual needs of the person and take into consideration the best interest of the person. The conservator shall include in the financial plan steps to the extent possible to develop or restore the person's ability to manage the person's property, an estimate of the duration of the conservatorship, and projections of expenses and resources.
(4)
In investing an estate, selecting assets of the estate for distribution, and invoking powers of revocation or withdrawal available for the use and benefit of the protected person and exercisable by the conservator, a conservator shall take into account any estate plan of the person known to the conservator. The conservator may examine the will and any other donative, nominative, or other appointive instrument of the person.
(5)
A conservator shall file an amended financial plan whenever there is a change in circumstances that requires a substantial deviation from the existing financial plan.
L. 2000: Entire part R&RE, p. 1819, § 1, effective 1/1/2001 (see §
15-17-103
).
This section is similar to former § 15-14-417 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 4 - PROTECTION OF PROPERTY OF PROTECTED PERSON (§§ 15-14-401 — 15-14-434) › Section 15-14-419 - Inventory

(1)
Within a time set by the court, but no later than ninety days after appointment, a conservator shall prepare and file with the appointing court a detailed inventory of the estate subject to the conservatorship, together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits.
(2)
If any property not included in the original inventory comes to the knowledge of a conservator or if the conservator learns that the value or description indicated in the original inventory for any item is erroneous or misleading, he or she shall prepare an amended inventory and file it with the court and provide copies to interested parties as directed by prior court orders.
L. 2000: Entire part R&RE, p. 1820, § 1, effective 1/1/2001 (see §
15-17-103
).
This section is similar to former § 15-14-418 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 4 - PROTECTION OF PROPERTY OF PROTECTED PERSON (§§ 15-14-401 — 15-14-434) › Section 15-14-422 - Protected person's interest inalienable

(1)
Except as otherwise provided in subsections (3) and (4) of this section, the interest of a protected person in property vested in a conservator is not transferable or assignable by the protected person. An attempted transfer or assignment by the protected person, although ineffective to affect property rights, may give rise to a claim against the protected person for restitution or damages that, subject to presentation and allowance, may be satisfied as provided in section
15-14-429
.
(2)
Property vested in a conservator by appointment and the interest of the protected person in that property are not subject to levy, garnishment, or similar process for claims against the protected person unless allowed under section
15-14-429
.
(3)
A person without knowledge of the conservatorship who in good faith and for security or substantially equivalent value receives delivery from a protected person of tangible personal property of a type normally transferred by delivery of possession, is protected as if the protected person or transferee had valid title.
(4)
A third party who deals with the protected person with respect to property vested in a conservator is entitled to any protection provided in other law.
L. 2000: Entire part R&RE, p. 1822, § 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 4 - PROTECTION OF PROPERTY OF PROTECTED PERSON (§§ 15-14-401 — 15-14-434) › Section 15-14-423 - Sale, encumbrance, or other transaction involving conflict of interest

Any transaction involving the conservatorship estate that is affected by a substantial conflict between the conservator's fiduciary and personal interests is voidable unless the transaction is expressly authorized by the court after notice to interested persons. A transaction affected by a substantial conflict between personal and fiduciary interests includes any sale, encumbrance, or other transaction involving the conservatorship estate entered into by the conservator, the spouse, descendant, agent, or lawyer of a conservator, or a corporation or other enterprise in which the conservator has a substantial beneficial interest.
L. 2000: Entire part R&RE, p. 1823, § 1, effective 1/1/2001 (see §
15-17-103
).
This section is similar to former § 15-14-422 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 4 - PROTECTION OF PROPERTY OF PROTECTED PERSON (§§ 15-14-401 — 15-14-434) › Section 15-14-424 - Protection of person dealing with conservator

(1)
A person who assists or deals with a conservator in good faith and for value in any transaction other than one requiring a court order under section
15-14-410
or
15-14-411
is protected as though the conservator properly exercised the power. That a person knowingly deals with a conservator does not alone require the person to inquire into the existence of a power or the propriety of its exercise, but restrictions on powers of conservators that are endorsed on letters as provided in section
15-14-110
are effective as to third persons. A person who pays or delivers assets to a conservator is not responsible for their proper application.
(2)
Protection provided by this section extends to any procedural irregularity or jurisdictional defect that occurred in proceedings leading to the issuance of letters and is not a substitute for protection provided to persons assisting or dealing with a conservator by comparable provisions in other law relating to commercial transactions or to simplifying transfers of securities by fiduciaries.
(3)
Any recorded instrument evidencing a transaction described in this section on which a state documentary fee is noted pursuant to section
39-13-103
, C.R.S., shall be prima facie evidence that such transaction was made for value.
L. 2000: Entire part R&RE, p. 1824, § 1, effective 1/1/2001 (see §
15-17-103
).
This section is similar to former § 15-14-423 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 4 - PROTECTION OF PROPERTY OF PROTECTED PERSON (§§ 15-14-401 — 15-14-434) › Section 15-14-425.5 - Authority to petition for dissolution of marriage or legal separation

(1)
The conservator may petition the court for authority to commence and maintain an action for dissolution of marriage or legal separation on behalf of the protected person. The court may grant such authority only if satisfied, after notice and hearing, that:
(a)
It is in the best interests of the protected person based on evidence of abandonment, abuse, exploitation, or other compelling circumstances, and the protected person either is incapable of consenting; or
(b)
The protected person has consented to the proposed dissolution of marriage or legal separation.
(2)
Nothing in this section shall be construed as modifying the statutory grounds for dissolution of marriage and legal separation as set forth in section
14-10-106
, C.R.S.
L. 2000: Entire part R&RE, p. 1826, § 1, effective 1/1/2001 (see §
15-17-103
).
This section is similar to former § 15-14-425.5 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 4 - PROTECTION OF PROPERTY OF PROTECTED PERSON (§§ 15-14-401 — 15-14-434) › Section 15-14-426 - Delegation

(1)
A conservator may not delegate to an agent or another conservator the entire administration of the estate, but a conservator may otherwise delegate the performance of functions that a prudent trustee of comparable skills may delegate under similar circumstances.
(2)
The conservator shall exercise reasonable care, skill, and caution in:
(a)
Selecting an agent;
(b)
Establishing the scope and terms of a delegation, consistent with the purposes and terms of the conservatorship;
(c)
Periodically reviewing an agent's overall performance and compliance with the terms of the delegation; and
(d)
Redressing an action or decision of an agent that would constitute a breach of trust if performed by the conservator.
(3)
A conservator who complies with subsections (1) and (2) of this section is not liable to the protected person or to the estate or to the protected person's successors for the decisions or actions of the agent to whom a function was delegated.
(4)
In performing a delegated function, an agent shall exercise reasonable care to comply with the terms of the delegation.
(5)
By accepting a delegation from a conservator subject to the laws of this state, an agent submits to the jurisdiction of the courts of this state.
L. 2000: Entire part R&RE, p. 1827, § 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 4 - PROTECTION OF PROPERTY OF PROTECTED PERSON (§§ 15-14-401 — 15-14-434) › Section 15-14-428 - Death of protected person

(1)
If a protected person dies, the conservator shall deliver to the court for safekeeping any will of the protected person that is in the conservator's possession or control, inform the personal representative or devisees named in the will of the delivery, and retain the estate for delivery to the personal representative of the decedent or to another person entitled to it.
(2)
After the death of the protected person, the conservator shall make no expenditures of conservatorship funds except with court authorization other than necessary to preserve the assets of the estate. However, the conservator may release funds for the funeral or final disposition of the deceased protected person if necessary to do so under the circumstances.
(3)
When a protected person dies, all fees, costs, and expenses of administration of the conservatorship, including any unpaid conservator fees and costs and those of his or her counsel, may be submitted to the court for approval in conjunction with the termination of the conservatorship. Thereafter, all court-approved fees, costs, and expenses of administration arising from the conservatorship shall be paid as court-approved claims for costs and expenses of administration in the decedent's estate. In the event that there are insufficient moneys to pay all claims in the decedent's estate in full, the fees, costs, and expenses of administration arising from the conservatorship shall retain their classification as "costs and expenses of administration" in the decedent's estate and shall be paid pursuant to section
15-12-805
.
Amended by 2021 Ch. 123, § 16, eff. 9/7/2021.
L. 2000: Entire part R & RE, p. 1828, § 1, effective 1/1/2001 (see §
15-17-103
). L. 2011: (3) added, (SB 11 -083), ch. 309, p. 309, § 18, effective August 10.
Section 31(2) of chapter 123 (SB 21-006), Session Laws of Colorado 2021, provides that the act changing this section applies to final dispositions of human remains or human fetuses made on or after September 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 4 - PROTECTION OF PROPERTY OF PROTECTED PERSON (§§ 15-14-401 — 15-14-434) › Section 15-14-430 - Personal liability of conservator

(1)
Except as otherwise provided in the contract, a conservator is not personally liable on a contract properly entered into in a fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal in the contract the representative capacity and identify the estate.
(2)
A conservator is personally liable for obligations arising from ownership or control of property of the estate or for other acts or omissions occurring in the course of administration of the estate only if personally at fault.
(3)
Claims based on contracts entered into by a conservator in a fiduciary capacity, obligations arising from ownership or control of the estate, and claims based on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in a fiduciary capacity, whether or not the conservator is personally liable therefor.
(4)
A question of liability between the estate and the conservator personally may be determined:
(a)
In a proceeding pursuant to section
15-10-504
;
(b)
In a proceeding for accounting, surcharge, indemnification, sanctions, or removal; or
(c)
In another appropriate proceeding or action.
(5)
A conservator is not personally liable for any environmental condition on or injury resulting from any environmental condition on land solely by reason of an acquisition of title under section
15-14-421
.
L. 2000: Entire part R&RE, p. 1830, § 1, effective 1/1/2001 (see §
15-17-103
). L. 2008: (4) amended, p. 485, § 13, effective July 1.
This section is similar to former § 15-14-429 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 4 - PROTECTION OF PROPERTY OF PROTECTED PERSON (§§ 15-14-401 — 15-14-434) › Section 15-14-432 - Payment of debt and delivery of property to foreign conservator without local proceeding

(1)
A person who is indebted to or has the possession of tangible or intangible property of a protected person may pay the debt or deliver the property to a foreign conservator, guardian of the estate, or other court-appointed fiduciary of the state of residence of the protected person. Payment or delivery may be made only upon proof of appointment and presentation of an affidavit made by or on behalf of the fiduciary stating that a protective proceeding relating to the protected person is not pending in this state and the foreign fiduciary is entitled to payment or to receive delivery.
(2)
Payment or delivery in accordance with subsection (1) of this section discharges the debtor or possessor, absent knowledge of any protective proceeding pending in this state.
L. 2000: Entire part R&RE, p. 1832, § 1, effective 1/1/2001 (see §
15-17-103
).
This section is similar to former § 15-14-431 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 4 - PROTECTION OF PROPERTY OF PROTECTED PERSON (§§ 15-14-401 — 15-14-434) › Section 15-14-433 - Foreign conservator - proof of authority - bond - powers

If a conservator has not been appointed in this state and a petition in a protective proceeding is not pending in this state, a conservator appointed in the state in which the protected person resides may file in a district or probate court of this state, in a county in which property belonging to the protected person is located, authenticated copies of the conservator's appointment documents and of any bond. Thereafter, the conservator may exercise all powers of a conservator appointed in this state as to property in this state and may maintain actions and proceedings in this state subject to any conditions otherwise imposed upon nonresident parties.
L. 2000: Entire part R&RE, p. 1832, § 1, effective 1/1/2001 (see §
15-17-103
). L. 2006: Entire section amended, p. 392, § 26, effective July 1.
This section is similar to former § 15-14-432 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 4 - PROTECTION OF PROPERTY OF PROTECTED PERSON (§§ 15-14-401 — 15-14-434) › Section 15-14-434 - Right to a lawyer post-adjudication

(1)
An adult protected person has the right post-adjudication to be represented by a lawyer of the protected person's choosing at the expense of the protected person's estate unless the court finds by clear and convincing evidence that the protected person lacks sufficient capacity to provide informed consent for representation by a lawyer. Upon such a finding, the court shall appoint a guardian ad litem, and the adult protected person retains the right to a lawyer of the adult protected person's choosing for the limited purpose of interlocutory appeal of the court's decision as to the right to a lawyer.
(2)
The right to a lawyer described in subsection (1) of this section applies to a protected person participating in proceedings or seeking any remedy under parts 1 to 4 of this article, including change or termination of a guardianship, judicial review of fiduciary conduct, appellate relief, and any other petition for relief from the court.
(3)
Subject to subsection (1) of this section, the court shall appoint a lawyer to represent any adult protected person in any proceedings pursuant to parts 1 to 4 of this article if the protected person is not represented by a lawyer and the court determines the protected person needs such representation.
(4)
A lawyer for the protected person, on presentation of proof of representation, must be given access to all information pertinent to proceedings under this title, including immediate access to medical records and information.
Added by 2016 Ch. 286,§ 4, eff. 8/10/2016.
L. 2016: Entire section added, (SB 16-131), ch. 286, p. 1166, § 4, effective August 10.
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 5 - POWERS OF ATTORNEY (§§ 15-14-500.3 — 15-14-509) › Section 15-14-500.5 - Definitions - excluded powers

(1)
(a)
For purposes of sections
15-14-501
and
15-14-502
, "power of attorney" means a power to make health-care decisions granted by an individual.
(b)
For purposes of section
15-14-502
, "power of attorney" also includes a power or delegation that is:
(I)
Excluded from the application of part 7 of this article pursuant to section
15-14-703
;
(II)
Not a power to make health-care decisions; and
(III)
Not effective without application of section
15-14-502
.
(c)
For purposes of this part 5 and part 6 of this article, "medical durable power of attorney" and "medical power of attorney" means a power to make health-care decisions.
(2)
A power and delegation that is excluded from the application of part 7 of this article by section
15-14-703
, other than a power to make health-care decisions, may be exercised during the incapacity of the principal to the extent provided in the power or delegation or by applicable principles of law and equity.
L. 2009: Entire section added, (HB 09 -1198), ch. 106, p. 421, § 6, effective 1/1/2010.
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 5 - POWERS OF ATTORNEY (§§ 15-14-500.3 — 15-14-509) › Section 15-14-502 - Other powers of attorney not revoked until notice of death or disability

(1)
The death, disability, or incompetence of any principal who has executed a power of attorney in writing, other than a power as described by section
15-14-501
, does not revoke or terminate the agency as to the attorney-in-fact, agent, or other person who, without actual knowledge of the death, disability, or incompetence of the principal, acts in good faith under the power of attorney or agency. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and his heirs, devisees, and personal representatives.
(2)
An affidavit, executed by the attorney-in-fact or agent, stating that he did not have, at the time of doing an act pursuant to the power of attorney, actual knowledge of the revocation or termination of the power of attorney by death, disability, or incompetence is, in the absence of fraud, conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power requires execution and delivery of any instrument which is recordable, the affidavit when authenticated for record is likewise recordable.
(3)
This section shall not be construed to alter or affect any provision for revocation or termination contained in the power of attorney.
(4)
All powers of attorney executed for real estate and other purposes, pursuant to law, shall be deemed valid until revoked as provided in the terms of the power of attorney or as provided by law.
L. 73: R&RE, p. 1634, § 1. C.R.S. 1963: § 153-5-502. L. 75: (1) and (2) amended, p. 603, § 52, effective July 1. L. 85: (4) added, p. 566, § 13, 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 5 - POWERS OF ATTORNEY (§§ 15-14-500.3 — 15-14-509) › Section 15-14-503 - Short title

Sections 15-14-503 to 15-14-509 shall be known and may be cited as the "Colorado Patient Autonomy Act".
L. 92: Entire section added, p. 1979, § 2, effective June 4.
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 5 - POWERS OF ATTORNEY (§§ 15-14-500.3 — 15-14-509) › Section 15-14-504 - Legislative declaration - construction of statute

(1)
The general assembly hereby finds, determines, and declares that:
(a)
Colorado law recognizes the right of an adult to accept or reject medical treatment and artificial nourishment and hydration;
(b)
Each adult has the right to establish, in advance of the need for medical treatment, any directives and instructions for the administration of medical treatment in the event the person lacks the decisional capacity to provide informed consent to or refusal of medical treatment; and
(c)
The enactment of a "Colorado Patient Autonomy Act" is appropriate to affirm a patient's autonomy in accepting or rejecting medical treatment, which right includes the making of medical treatment decisions through an appointed agent under a medical durable power of attorney.
(2)
The general assembly does not intend to encourage or discourage any particular medical treatment or to interfere with or affect any method of religious or spiritual healing otherwise permitted by law.
(3)
The general assembly does not intend that this part 5 be construed to restrict any other manner in which a person may make advance medical directives.
(4)
Nothing in this part 5 shall be construed as condoning, authorizing, or approving euthanasia or mercy killing. In addition, the general assembly does not intend that this part 5 be construed as permitting any affirmative or deliberate act to end a person's life, except to permit natural death as provided by this part 5.
L. 92: Entire section added, p. 1979, § 2, effective June 4.
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 5 - POWERS OF ATTORNEY (§§ 15-14-500.3 — 15-14-509) › Section 15-14-505 - Definitions

As used in sections
15-14-503
to
15-14-509
, unless the context otherwise requires:
(1)
"Adult" means any person eighteen years of age or older.
(2)
"Advance medical directive" means any written instructions concerning the making of medical treatment decisions on behalf of the person who has provided the instructions. An advance medical directive includes a medical durable power of attorney executed pursuant to section
15-14-506
, a declaration executed pursuant to the "Colorado Medical Treatment Decision Act", article
18
of this title, a power of attorney granting medical treatment authority executed prior to July 1, 1992, pursuant to section
15-14-501
, and a declaration executed pursuant to article
18.6
of this title.
(3)
"Artificial nourishment and hydration" means any medical procedure whereby nourishment or hydration is supplied through a tube inserted into a person's nose, mouth, stomach, or intestines or nutrients or fluids are injected intravenously into a person's bloodstream.
(4)
"Decisional capacity" means the ability to provide informed consent to or refusal of medical treatment or the ability to make an informed health-care benefit decision.
(4.7)
"Health-care benefit decision" means any decision or action related to the application, enrollment, disenrollment, appeal, or other function necessary for private or public health-care benefits that does not conflict with any known preference of the individual.
(5)
"Health-care facility" means any hospital, hospice, nursing facility, care center, dialysis treatment facility, assisted living facility, any entity that provides home and community-based services, home health-care agency, or any other facility administering or contracting to administer medical treatment, and which is licensed, certified, or otherwise authorized or permitted by law to administer medical treatment.
(6)
"Health-care provider" means any physician or any other individual who administers medical treatment to persons and who is licensed, certified, or otherwise authorized or permitted by law to administer medical treatment or who is employed by or acting for such authorized person. Health-care provider includes a health maintenance organization licensed and conducting business in this state.
(7)
"Medical treatment" means the provision, withholding, or withdrawal of any health care, medical procedure, including artificially provided nourishment and hydration, surgery, cardiopulmonary resuscitation, or service to maintain, diagnose, treat, or provide for a patient's physical or mental health or personal care.
(8)
"Physician or designee" means the treating physician or a health-care professional under the supervision of the treating physician.
L. 92: Entire section added, p. 1979, § 2, effective June 4. L. 2006: (4) amended and (4.7) and (8) added, p. 841, § 2, effective May 4.
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 5 - POWERS OF ATTORNEY (§§ 15-14-500.3 — 15-14-509) › Section 15-14-507 - Transfer of principal

(1)
A health-care provider or health-care facility shall provide notice to a principal and an agent of any policies based on moral convictions or religious beliefs of the health-care provider or health-care facility relative to the withholding or withdrawal of medical treatment. Notice shall be provided, when reasonably possible, prior to the provision of medical treatment or prior to or upon the admission of the principal to the health-care facility, or as soon as possible thereafter.
(2)
A health-care provider or health-care facility shall provide for the prompt transfer of the principal to another health-care provider or health-care facility if such health-care provider or health-care facility wishes not to comply with an agent's medical treatment decision on the basis of policies based on moral convictions or religious beliefs.
(3)
An agent may transfer the principal to the care of another health-care provider or health-care facility if an attending physician or health-care facility does not wish to comply with an agent's decision for any reason other than those described in subsection (1) of this section.
(4)
The transfer of a principal to another health-care provider or health-care facility in accordance with the provisions of this section shall not constitute a violation of Title XIX of the federal "Social Security Act",
42 U.S.C., sec. 1395dd
, regarding the transfer of patients.
(5)
Nothing in this section shall relieve or exonerate an attending physician or health-care facility from the duty to provide for the care and comfort of the principal pending transfer pursuant to this section.
L. 92: Entire section added, p. 1979, § 2, effective June 4.
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 5 - POWERS OF ATTORNEY (§§ 15-14-500.3 — 15-14-509) › Section 15-14-508 - Immunities

(1)
An agent or proxy-decision maker, as established in article
18.5
of this title, who acts in good faith in making medical treatment decisions on behalf of a principal pursuant to the terms of a medical durable power of attorney shall not be subject to civil or criminal liability therefor.
(2)
Each health-care provider and health-care facility shall, in good faith, comply, in respective order, with the wishes of the principal, the terms of an advance medical directive, or the decision of an agent acting pursuant to an advance medical directive. A health-care provider or health-care facility which, in good faith, complies with the medical treatment decision of an agent acting in accordance with an advance medical directive shall not be subject to civil or criminal liability or regulatory sanction therefor.
(3)
Good faith actions by any health-care provider or health-care facility in complying with a medical durable power of attorney or at the direction of a health-care agent of the principal which result in the death of the principal following trauma caused by a criminal act or criminal conduct, shall not affect the criminal prosecution of any person charged with the commission of a criminal act or conduct.
(4)
Neither a medical durable power of attorney nor the failure of a person to execute one shall affect, impair, or modify any contract of life or health insurance or annuity or be the basis for any delay in issuing or refusing to issue an annuity or policy of life or health insurance or any increase of a premium therefor.
L. 92: Entire section added, p. 1979, § 2, effective June 4.