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 2 - GUARDIANSHIP OF MINOR (§§ 15-14-201 — 15-14-210) › Section 15-14-209 - Rights and immunities of a guardian

(1)
A guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room and board provided by the guardian or one who is affiliated with the guardian, but only as approved by the court. If a conservator, other than the guardian or a person who is affiliated with the guardian, has been appointed for the estate of the ward, reasonable compensation and reimbursement to the guardian may be approved and paid by the conservator without order of the court.
(2)
A guardian need not use the guardian's personal funds for the ward's expenses. A guardian is not liable to a third person for acts of the ward solely by reason of the guardianship. A guardian is not liable for injury to the ward resulting from the negligence or act of a third person providing medical or other care, treatment, or service for the ward except to the extent that a parent would be liable under the circumstances.
L. 2000: Entire part R&RE, p. 1791, § 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 15-14-210 - Termination of guardianship - other proceedings after appointment

(1)
A guardianship of a minor terminates upon the minor's death, adoption, emancipation, or attainment of majority or as ordered by the court; except that the appointment of a guardian of a minor pursuant to section
15-14-204
(2.5) does not terminate based on age until twenty-one years of age.
(2)
A ward or a person interested in the welfare of a ward may petition for any order that is in the best interest of the ward. The petitioner shall give notice of the hearing on the petition to the ward, if the ward has attained twelve years of age and is not the petitioner, the guardian, and any other person as ordered by the court.
(3)
Issues of liability as between an estate and the estate's guardian individually 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 other appropriate proceedings.
Amended by 2019 Ch. 55, § 3, eff. 3/28/2019.
L. 2000: Entire part R & RE, p. 1791, § 1, effective 1/1/2001 (see §
15-17-103
). L. 2008: (3) added, p. 484, § 10, effective July 1. L. 2019: (1) amended, (HB 19 -1042), ch. 193, p. 193, § 3, effective March 28.
This section is similar to former § 15-14-210 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 3 - GUARDIANSHIP OF INCAPACITATED PERSON (§§ 15-14-301 — 15-14-319) › Section 15-14-301 - Appointment and status of guardian

A person becomes a guardian of an incapacitated person upon appointment by the court. The guardianship continues until terminated, without regard to the location of the guardian or ward.
L. 2000: Entire part R&RE, p. 1792, § 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 3 - GUARDIANSHIP OF INCAPACITATED PERSON (§§ 15-14-301 — 15-14-319) › Section 15-14-304 - Judicial appointment of guardian - petition

(1)
An individual or a person interested in the individual's welfare may petition for a determination of incapacity, in whole or in part, and for the appointment of a limited or unlimited guardian for the individual.
(2)
The petition must set forth the petitioner's name, residence, current address if different, relationship to the respondent, and interest in the appointment and, to the extent known, state or contain the following with respect to the respondent and the relief requested:
(a)
The respondent's name, age, principal residence, current street address, and, if different, the address of the dwelling in which it is proposed that the respondent will reside if the appointment is made;
(b)
(I)
The name and address of the respondent's:
(A)
Spouse or partner in a civil union or, if the respondent has none, an adult with whom the respondent has resided for more than six months within one year before the filing of the petition; and
(B)
Adult children and parents; or
(II)
If the respondent has neither spouse, partner in a civil union, adult child, nor parent, at least one of the adults nearest in kinship to the respondent who can be found with reasonable efforts;
(c)
The name and address of each person responsible for care or custody of the respondent, including the respondent's treating physician;
(d)
The name and address of each legal representative of the respondent;
(e)
The name and address of each person nominated as guardian by the respondent;
(f)
The name and address of each proposed guardian and the reason why the proposed guardian should be selected;
(g)
The reason why guardianship is necessary, including a brief description of the nature and extent of the respondent's alleged incapacity;
(h)
If an unlimited guardianship is requested, the reason why limited guardianship is inappropriate and, if a limited guardianship is requested, the powers to be granted to the limited guardian; and
(i)
A general statement of the respondent's property with an estimate of its value, including any insurance or pension, and the source and amount of any other anticipated income or receipts.
Amended by 2013 Ch. 49, § 19, eff. 5/1/2013.
L. 2000: Entire part R&RE, p. 1792, § 1, effective 1/1/2001 (see §
15-17-103
). L. 2013: (2)(b)(I)(A) and (2)(b)(II) amended, (SB 13-011), ch. 49, p. 165, § 19, effective May 1.
This section is similar to former § 15-14-303 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 3 - GUARDIANSHIP OF INCAPACITATED PERSON (§§ 15-14-301 — 15-14-319) › Section 15-14-306 - Professional evaluation

(1)
At or before a hearing under this part 3, the court may order a professional evaluation of the respondent and shall order the evaluation if the respondent so demands. If the court orders the evaluation, the respondent must be examined by a physician, psychologist, or other individual appointed by the court who is qualified to evaluate the respondent's alleged impairment. The examiner shall promptly file a written report with the court. Unless otherwise directed by the court, the report must contain:
(a)
A description of the nature, type, and extent of the respondent's specific cognitive and functional limitations, if any;
(b)
An evaluation of the respondent's mental and physical condition and, if appropriate, educational potential, adaptive behavior, and social skills;
(c)
A prognosis for improvement and a recommendation as to the appropriate treatment or habilitation plan; and
(d)
The date of any assessment or examination upon which the report is based.
L. 2000: Entire part R&RE, p. 1794, § 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 3 - GUARDIANSHIP OF INCAPACITATED PERSON (§§ 15-14-301 — 15-14-319) › Section 15-14-308 - Presence and rights at hearing

(1)
Unless excused by the court for good cause, the proposed guardian shall attend the hearing. The respondent shall attend the hearing, unless excused by the court for good cause. The respondent may present evidence and subpoena witnesses and documents; examine witnesses, including any court-appointed physician, psychologist, or other individual qualified to evaluate the alleged impairment, and the visitor; and otherwise participate in the hearing. The hearing may be held in a manner that reasonably accommodates the respondent and may be closed upon the request of the respondent or upon a showing of good cause, except that the hearing may not be closed over the objection of the respondent.
(2)
Any person may request permission to participate in the proceeding. The court may grant the request, with or without hearing, upon determining that the best interest of the respondent will be served. The court may attach appropriate conditions to the participation.
(3)
The petitioner shall make every reasonable effort to secure the respondent's attendance at the hearing.
L. 2000: Entire part R&RE, p. 1795, § 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 3 - GUARDIANSHIP OF INCAPACITATED PERSON (§§ 15-14-301 — 15-14-319) › Section 15-14-309 - Notice

(1)
A copy of a petition for guardianship and notice of the hearing on the petition must be served personally on the respondent. The notice must include a statement that the respondent must be physically present unless excused by the court, inform the respondent of the respondent's rights at the hearing, and include a description of the nature, purpose, and consequences of an appointment. A failure to serve the respondent with a notice substantially complying with this subsection (1) is jurisdictional and thus precludes the court from granting the petition.
(2)
In a proceeding to establish a guardianship, a copy of the petition for guardianship and notice of the hearing meeting the requirements of subsection (1) of this section must be given to the persons listed in the petition. Failure to give notice under this subsection (2) is not jurisdictional and thus does not preclude the appointment of a guardian or the making of a protective order.
(3)
Notice of the hearing on a petition for an order after appointment of a guardian, together with a copy of the petition, must be given to the ward, the guardian, and any other person the court directs.
(4)
A guardian shall give notice of the filing of the guardian's report, together with a copy of the report, to the ward and any other person the court directs. The notice must be delivered or sent within ten days after the filing of the report.
L. 2000: Entire part R&RE, p. 1795, § 1, effective 1/1/2001 (see §
15-17-103
).
This section is similar to former § 15-14-309 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 3 - GUARDIANSHIP OF INCAPACITATED PERSON (§§ 15-14-301 — 15-14-319) › Section 15-14-311 - Findings - order of appointment

(1)
The court may:
(a)
Appoint a limited or unlimited guardian for a respondent only if it finds by clear and convincing evidence that:
(I)
The respondent is an incapacitated person; and
(II)
The respondent's identified needs cannot be met by less restrictive means, including use of appropriate and reasonably available technological assistance; or
(b)
With appropriate findings, treat the petition as one for a protective order under section
15-14-401
, enter any other appropriate order, or dismiss the proceeding.
(2)
The court, whenever feasible, shall grant to a guardian only those powers necessitated by the ward's limitations and demonstrated needs and make appointive and other orders that will encourage the development of the ward's maximum self-reliance and independence.
(3)
Within thirty days after an appointment, a guardian shall send or deliver to the ward and to all other persons given notice of the hearing on the petition a copy of the order of appointment, together with a notice of the right to request termination or modification.
L. 2000: Entire part R&RE, p. 1797, § 1, effective 1/1/2001 (see §
15-17-103
).
This section is similar to former § 15-14-304 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 3 - GUARDIANSHIP OF INCAPACITATED PERSON (§§ 15-14-301 — 15-14-319) › Section 15-14-312 - Emergency guardian

(1)
If the court finds that compliance with the procedures of this part 3 will likely result in substantial harm to the respondent's health, safety, or welfare, and that no other person appears to have authority and willingness to act in the circumstances, the court, on petition by a person interested in the respondent's welfare, may appoint an emergency guardian whose authority may not exceed sixty days and who may exercise only the powers specified in the order. Immediately upon appointment of an emergency guardian, the court shall appoint a lawyer to represent the respondent throughout the emergency guardianship. Except as otherwise provided in subsection (2) of this section, reasonable notice of the time and place of a hearing on the petition must be given to the respondent and any other persons as the court directs.
(2)
An emergency guardian may be appointed without notice to the respondent and the respondent's lawyer only if the court finds from testimony that the respondent will be substantially harmed if the appointment is delayed. If not present at the hearing, the respondent must be given notice of the appointment within forty-eight hours after the appointment. The court shall hold a hearing on the appropriateness of the appointment within fourteen days after the court's receipt of such a request.
(3)
Appointment of an emergency guardian, with or without notice, is not a determination of the respondent's incapacity.
(4)
The court may remove an emergency guardian or modify the powers granted at any time. An emergency guardian shall make any report the court requires. In other respects, the provisions of parts 1 to 4 of this article concerning guardians apply to an emergency guardian.
(5)
If the court appoints an emergency guardian without notice to the respondent or any other person entitled to notice pursuant to section
15-14-309 (2)
and the person appointed is a professional without priority to serve pursuant to section
15-14-310 (1)
or protective services pursuant to section
26-3.1-104
, the court shall, upon entry of the order of appointment of emergency guardian, simultaneously appoint a visitor to investigate and report to the court within fourteen days after the appointment as provided in section
15-14-113.5
.
Amended by 2020 Ch. 270, § 3, eff. 9/1/2020.
L. 2000: Entire part R & RE, p. 1797, § 1, effective 1/1/2001 (see §
15-17-103
). L. 2012: (2) amended, (SB 12-175), ch. 840, p. 840, § 51, effective July 1.
Section 6(2) of chapter 270 (SB 20-129), Session Laws of Colorado 2020, provides that the act changing this section applies to appointments made on or after September 1, 2020.
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 3 - GUARDIANSHIP OF INCAPACITATED PERSON (§§ 15-14-301 — 15-14-319) › Section 15-14-313 - Temporary substitute guardian

(1)
If the court finds that a guardian is not effectively performing the guardian's duties and that the welfare of the ward requires immediate action, it may appoint a temporary substitute guardian for the ward for a specified period not exceeding six months. Except as otherwise ordered by the court, a temporary substitute guardian so appointed has the powers set forth in the previous order of appointment. The authority of any unlimited or limited guardian previously appointed by the court is suspended as long as a temporary substitute guardian has authority. If an appointment is made without previous notice to the ward, the affected guardian, and other interested persons, the temporary substitute guardian, within five days after the appointment, shall inform them of the appointment.
(2)
The court may remove a temporary substitute guardian or modify the powers granted at any time. A temporary substitute guardian shall make any report the court requires. In other respects, the provisions of parts 1 to 4 of this article concerning guardians apply to a temporary substitute guardian.
L. 2000: Entire part R&RE, p. 1798, § 1, effective 1/1/2001 (see §
15-17-103
).
This section is similar to former § 15-14-310 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 3 - GUARDIANSHIP OF INCAPACITATED PERSON (§§ 15-14-301 — 15-14-319) › Section 15-14-314 - Duties of guardian

(1)
Except as otherwise limited by the court, a guardian shall make decisions regarding the ward's support, care, education, health, and welfare. A guardian shall exercise authority only as necessitated by the ward's limitations and, to the extent possible, shall encourage the ward to participate in decisions, act on the ward's own behalf, and develop or regain the capacity to manage the ward's personal affairs. A guardian, in making decisions, shall consider the expressed desires and personal values of the ward to the extent known to the guardian. A guardian, at all times, shall act 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 protective proceedings if necessary to protect the property of the ward;
(c)
Expend money of the ward that 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 to the conservator, at least quarterly, to be conserved for the ward's future needs;
(e)
Immediately notify the court if the ward's condition has changed so that the ward is capable of exercising rights previously removed;
(f)
Inform the court of any change in the ward's custodial dwelling or address; and
(g)
Immediately notify the court in writing of the ward's death.
L. 2000: Entire part R&RE, p. 1798, § 1, effective 1/1/2001 (see §
15-17-103
).
This section is similar to former § 15-14-312 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 3 - GUARDIANSHIP OF INCAPACITATED PERSON (§§ 15-14-301 — 15-14-319) › Section 15-14-315 - Powers of guardian

(1)
Subject to the limitations set forth in section
15-14-316
and except as otherwise limited by the court, a guardian may:
(a)
Apply for and receive money payable to the ward or the ward's guardian or custodian for the support of the ward 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 place of dwelling outside this state upon express authorization of the court;
(c)
If a conservator for the estate of the 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; and
(e)
If reasonable under all of the circumstances, delegate to the ward certain responsibilities for decisions affecting the ward's well-being.
(2)
The court may specifically authorize or direct the guardian to consent to the adoption or marriage of the ward.
L. 2000: Entire part R&RE, p. 1799, § 1, effective 1/1/2001 (see §
15-17-103
).
This section is similar to former § 15-14-312 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 3 - GUARDIANSHIP OF INCAPACITATED PERSON (§§ 15-14-301 — 15-14-319) › Section 15-14-315.5 - Dissolution of marriage and legal separation

(1)
The guardian may petition the court for authority to commence and maintain an action for dissolution of marriage or legal separation on behalf of the ward. The court may grant such authority only if satisfied, after notice and hearing, that:
(a)
It is in the best interest of the ward based on evidence of abandonment, abuse, exploitation, or other compelling circumstances, and the ward either is incapable of consenting; or
(b)
The ward 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. 1800, § 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 3 - GUARDIANSHIP OF INCAPACITATED PERSON (§§ 15-14-301 — 15-14-319) › Section 15-14-316 - Rights and immunities of guardian - limitations

(1)
A guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room and board provided by the guardian or one who is affiliated with the guardian, but only as approved by order of the court. If a conservator, other than the guardian or one who is affiliated with the guardian, has been appointed for the estate of the ward, reasonable compensation and reimbursement to the guardian may be approved and paid by the conservator without order of the court.
(2)
A guardian need not use the guardian's personal funds for the ward's expenses. A guardian is not liable to a third person for acts of the ward solely by reason of the relationship. A guardian who exercises reasonable care in choosing a third person providing medical or other care, treatment, or service for the ward is not liable for injury to the ward resulting from the negligent or wrongful conduct of the third party.
(3)
A guardian, without authorization of the court, may not revoke a medical durable power of attorney made pursuant to section
15-14-506
of which the ward is the principal. If a medical durable power of attorney made pursuant to section
15-14-506
is in effect, absent an order of the court to the contrary, a health-care decision of the agent takes precedence over that of a guardian.
(4)
A guardian may not initiate certification of a ward to a mental health-care institution or facility except in accordance with the state's procedure for involuntary treatment and evaluation of a mental health disorder pursuant to article
65
of title
27
. To obtain hospital or institutional care and treatment for a ward's mental health disorder, a guardian shall proceed as provided under article
65
of title
27
. To obtain services and supports from an approved service agency as defined in section
25.5-10-202
for a ward with intellectual and developmental disabilities, a guardian shall proceed as provided pursuant to article
10
of title
25.5
. To obtain care and treatment for a ward's substance use disorder, a guardian shall proceed as provided pursuant to articles
81
and
82
of title
27
. A guardian shall not have the authority to consent to any such care or treatment against the ward's will.
Amended by 2017 Ch. 263, § 117, eff. 5/25/2017.
Amended by 2013 Ch. 323, § 26, eff. 3/1/2014.
L. 2000: Entire part R&RE, p. 1800, § 1, effective 1/1/2001 (see §
15-17-103
). L. 2010: (4) amended, (SB 10 -175), ch. 188, p. 782, § 19, effective April 29. L. 2013: (4) amended, (SB 13-1314), ch. 323, p. 1803, § 26, effective 3/1/2014. L. 2017: (4) amended, (SB 17-242), ch. 263, p. 1296, § 117, effective May 25.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
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 3 - GUARDIANSHIP OF INCAPACITATED PERSON (§§ 15-14-301 — 15-14-319) › Section 15-14-319 - Right to a lawyer post-adjudication

(1)
An adult ward has the right post-adjudication to be represented by a lawyer of the ward's choosing at the expense of the ward's estate unless the court finds by clear and convincing evidence that the ward 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 ward retains the right to a lawyer of the adult ward'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 ward 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 ward in any proceedings pursuant to parts 1 to 4 of this article if the ward is not represented by a lawyer and the court determines the ward needs such representation.
(4)
A lawyer for the ward, 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,§ 3, eff. 8/10/2016.
L. 2016: Entire section added, (SB 16-131), ch. 286, p. 1165, § 3, 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 4 - PROTECTION OF PROPERTY OF PROTECTED PERSON (§§ 15-14-401 — 15-14-434) › Section 15-14-401 - Protective proceeding

(1)
Upon petition and after notice and hearing, the court may appoint a limited or unlimited conservator or make any other protective order provided in this part 4 in relation to the estate and affairs of:
(a)
A minor, if the court determines that the minor owns money or property requiring management or protection that cannot otherwise be provided or has or may have business affairs that may be put at risk or prevented because of the minor's age, or that money is needed for support and education and that protection is necessary or desirable to obtain or provide money; or
(b)
Any individual, including a minor, if the court determines that, for reasons other than age:
(I)
By clear and convincing evidence, the individual is unable to manage property and business affairs because the individual is unable to effectively receive or evaluate information or both or to make or communicate decisions, even with the use of appropriate and reasonably available technological assistance, or because the individual is missing, detained, or unable to return to the United States; and
(II)
By a preponderance of evidence, the individual has property that will be wasted or dissipated unless management is provided or money is needed for the support, care, education, health, and welfare of the individual or of individuals who are entitled to the individual's support and that protection is necessary or desirable to obtain or provide money.
L. 2000: Entire part R&RE, p. 1802, § 1, effective 1/1/2001 (see §
15-17-103
).
This section is similar to former § 15-14-401 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 15-14-402 - Jurisdiction over business affairs of protected person

(1)
After the service of notice in a proceeding seeking a conservatorship or other protective order and until termination of the proceeding, the court in which the petition is filed has:
(a)
Exclusive jurisdiction to determine the need for a conservatorship or other protective order;
(b)
Exclusive jurisdiction to determine how the estate of the protected person which is subject to the laws of this state must be managed, expended, or distributed to or for the use of the protected person, individuals who are in fact dependent upon the protected person, or other claimants; and
(c)
Concurrent jurisdiction to determine the validity of claims against the person or estate of the protected person and questions of title concerning assets of the estate.
L. 2000: Entire part R&RE, p. 1802, § 1, effective 1/1/2001 (see §
15-17-103
).
This section is similar to former § 15-14-402 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 15-14-404 - Notice

(1)
A copy of the petition and the notice of hearing on a petition for conservatorship or other protective order must be served personally on the respondent, if the respondent has attained twelve years of age, but if the respondent's whereabouts are unknown or personal service cannot be made, service on the respondent must be made by substituted service or publication. The notice must include a statement that the respondent must be physically present unless excused by the court, inform the respondent of the respondent's rights at the hearing, and, if the appointment of a conservator is requested, include a description of the nature, purpose, and consequences of an appointment. A failure to serve the respondent with a notice substantially complying with this subsection (1) is jurisdictional and thus precludes the court from granting the petition.
(2)
In a proceeding to establish a conservatorship or for another protective order, notice of the hearing must be given to the persons listed in the petition. Failure to give notice under this subsection (2) does not preclude the appointment of a conservator or the making of another protective order.
(3)
Notice of the hearing on a petition for an order after appointment of a conservator or making of another protective order, together with a copy of the petition, must be given to the protected person, if the protected person has attained twelve years of age and is not missing, detained, or unable to return to the United States, any conservator of the protected person's estate, and any other person as ordered by the court.
(4)
A conservator shall give notice of the filing of the conservator's inventory, report, or plan of conservatorship, together with a copy of the inventory, report, or plan of conservatorship to the protected person and any other person the court directs. The notice must be delivered or sent within ten days after the filing of the inventory, report, or plan of conservatorship.
L. 2000: Entire part R&RE, p. 1804, § 1, effective 1/1/2001 (see §
15-17-103
). L. 2001: (1) amended, p. 889, § 8, effective June 1.
This section is similar to former § 15-14-405 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 15-14-405 - Original petition - minors - preliminaries to hearing

(1)
Upon the filing of a petition to establish a conservatorship or for another protective order for the reason that the respondent is a minor, the court shall set a date for hearing. If the court determines at any stage of the proceeding 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.
(2)
While a petition to establish a conservatorship or for another protective order is pending, after preliminary hearing and without notice to others, the court may make orders to preserve and apply the property of the minor as may be required for the support of the minor or individuals who are in fact dependent upon the minor. The court may appoint a special conservator to assist in that task.
L. 2000: Entire part R&RE, p. 1805, § 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 15-14-406.5 - Professional evaluation

(1)
At or before a hearing under this part 4, the court may order a professional evaluation of the respondent and shall order the evaluation if the respondent so demands. If the court orders the evaluation, the respondent must be examined by a physician, psychologist, or other individual appointed by the court who is qualified to evaluate the respondent's alleged impairment. The examiner shall promptly file a written report with the court. Unless the court directs otherwise, the report must contain:
(a)
A description of the nature, type, and extent of the respondent's specific cognitive and functional limitations, if any;
(b)
An evaluation of the respondent's mental and physical condition and, if appropriate, educational potential, adaptive behavior, and social skills;
(c)
A prognosis for improvement and a recommendation as to the appropriate treatment of habilitation plan; and
(d)
The date of any assessment or examination upon which the report is based.
Added by 2013 Ch. 190,§ 8, eff. 8/7/2013.
L. 2013: Entire section added, (SB 13-077), ch. 190, p. 771, § 8, effective August 7.
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 15-14-408 - Original petition - procedure at hearing

(1)
Unless excused by the court for good cause, a proposed conservator shall attend the hearing. The respondent shall attend the hearing, unless excused by the court for good cause. The respondent may present evidence and subpoena witnesses and documents, examine witnesses, including any court-appointed physician, psychologist, or other individual qualified to evaluate the alleged impairment, and the visitor, and otherwise participate in the hearing. The hearing may be held in a manner that reasonably accommodates the respondent and may be closed upon request of the respondent, or upon a showing of good cause; except that the hearing may not be closed over the objection of the respondent.
(2)
Any person may request permission to participate in the proceeding. The court may grant the request, with or without hearing, upon determining that the best interest of the respondent will be served. The court may attach appropriate conditions to the participation.
(3)
The petitioner shall make every reasonable effort to secure the respondent's attendance at the hearing.
L. 2000: Entire part R&RE, p. 1807, § 1, effective 1/1/2001 (see §
15-17-103
).
This section is similar to former § 15-14-407 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 15-14-409 - Original petition - orders

(1)
If a proceeding is brought for the reason that the respondent is a minor, after a hearing on the petition, upon finding that the appointment of a conservator or other protective order is in the best interest of the minor, the court shall make an appointment or other appropriate protective order.
(2)
If a proceeding is brought for reasons other than that the respondent is a minor, after a hearing on the petition, upon finding that a basis exists for a conservatorship or other protective order, the court shall make the least restrictive order consistent with its findings. The court shall make orders necessitated by the protected person's limitations and demonstrated needs, including appointive and other orders that will encourage the development of maximum self-reliance and independence of the protected person.
(3)
Within thirty days after an appointment, the conservator shall deliver or send a copy of the order of appointment, together with a statement of the right to seek termination or modification, to the protected person, if the protected person has attained twelve years of age and is not missing, detained, or unable to return to the United States, and to all other persons given notice of the petition.
(4)
The appointment of a conservator or the entry of another protective order is not a determination of incapacity of the protected person.
L. 2000: Entire part R&RE, p. 1807, § 1, effective 1/1/2001 (see §
15-17-103
).
This section is similar to former § 15-14-407 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 15-14-410 - Powers of court

(1)
After hearing and upon determining that a basis for a conservatorship or other protective order exists, the court has the following powers, which may be exercised directly or through a conservator:
(a)
With respect to a minor for reasons of age, all the powers over the estate and business affairs of the minor that may be necessary for the best interest of the minor and members of the minor's immediate family; and
(b)
With respect to an adult, or to a minor for reasons other than age, for the benefit of the protected person and individuals who are in fact dependent on the protected person for support, all the powers over the estate and business affairs of the protected person that the person could exercise if the person were an adult, present, and not under conservatorship or other protective order.
(2)
Subject to section
15-14-110
requiring endorsement of limitations on the letters of office, the court may limit at any time the powers of a conservator otherwise conferred and may remove or modify any limitation.
L. 2000: Entire part R&RE, p. 1808, § 1, effective 1/1/2001 (see §
15-17-103
).
This section is similar to former § 15-14-408 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 15-14-411 - Required court approval

(1)
After notice to interested persons and upon express authorization of the court, a conservator may:
(a)
Make gifts, except as otherwise provided in section
15-14-427 (2)
;
(b)
Convey, release, or disclaim contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entireties;
(c)
Exercise or release a power of appointment;
(d)
Create a revocable or irrevocable trust of property of the estate, whether or not the trust extends beyond the duration of the conservatorship, or revoke or amend a trust revocable by the protected person;
(e)
Exercise rights to elect options and change beneficiaries under retirement plans, insurance policies, and annuities or surrender the plans, policies, and annuities for their cash value;
(f)
Exercise any right to an elective share in the estate of the protected person's deceased spouse and to renounce or disclaim any interest by testate or intestate succession or by transfer inter vivos; and
(g)
Make, amend, or revoke the protected person's will.
(2)
A conservator, in making, amending, or revoking the protected person's will, shall comply with section
15-11-502
or
15-11-507
.
(3)
The court, in exercising or in approving a conservator's exercise of the powers listed in subsection (1) of this section, shall consider primarily the decision that the protected person would have made, to the extent that the decision can be ascertained. To the extent the decision cannot be ascertained, the court shall consider the best interest of the protected person. The court shall also consider:
(a)
The financial needs of the protected person and the needs of individuals who are in fact dependent on the protected person for support and the interest of creditors;
(b)
Possible reduction of income, estate, inheritance, or other tax liabilities;
(c)
Eligibility for governmental assistance;
(d)
The protected person's previous pattern of giving or level of support;
(e)
The existing estate plan;
(f)
The protected person's life expectancy and the probability that the conservatorship will terminate before the protected person's death; and
(g)
Any other factors the court considers relevant, including the best interest of the protected person.
L. 2000: Entire part R&RE, p. 1808, § 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 15-14-412 - Protective arrangements and single transactions

(1)
If a basis is established for a protective order with respect to an individual, the court, without appointing a conservator, may:
(a)
Authorize, direct, or ratify any transaction necessary or desirable to achieve any arrangement for security, service, or care meeting the foreseeable needs of the protected person, including:
(I)
Payment, delivery, deposit, or retention of funds or property;
(II)
Sale, mortgage, lease, or other transfer of property;
(III)
Purchase of an annuity;
(IV)
Making a contract for life care, deposit contract, or contract for training and education; or
(V)
Addition to or establishment of a suitable trust, including a trust created under the "Colorado Uniform Custodial Trust Act", article
1.5
of this title; and
(b)
Authorize, direct, or ratify any other contract, trust, will, or transaction relating to the protected person's property and business affairs, including a settlement of, and distribution of settlement of, a claim, upon determining that it is in the best interest of the protected person.
(2)
In deciding whether to approve a protective arrangement or other transaction under this section, the court shall consider the factors described in section
15-14-411 (3)
.
(3)
(a)
The court may appoint a special conservator to assist in the accomplishment of any protective arrangement or other transaction authorized under this section. The special conservator has the authority conferred by the order and shall serve until discharged by order after report to the court.
(b)
If the court appoints a special conservator without notice to the respondent, protected person, or any other person entitled to notice pursuant to section
15-14-404 (2)
and the person appointed is a professional without priority to serve pursuant to section
15-14-413
or a public administrator pursuant to section
15-12-622
, the court shall, upon entry of the order of appointment of special conservator, simultaneously appoint a visitor to investigate and report to the court within fourteen days after the appointment as provided in section
15-14-113.5
.
Amended by 2021 Ch. 423, § 13, eff. 7/2/2021.
Amended by 2020 Ch. 270, § 4, eff. 9/1/2020.
L. 2000: Entire part R & RE, p. 1809, § 1, effective 1/1/2001 (see §
15-17-103
).
This section is similar to former § 15-14-409 as it existed prior to 2001.