2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › MENTAL HEALTH AND MENTAL HEALTH DISORDERS (§§ 27-65-101 — 27-71-105) › Article 65 - CARE AND TREATMENT OF PERSONS WITH MENTAL HEALTH DISORDERS (§§ 27-65-101 — 27-65-131) › Section 27-65-127 - Imposition of legal disability - deprivation of legal right - restoration - repeal

(1)
(a)
When an interested person wishes to obtain a determination as to the imposition of a legal disability or the deprivation of a legal right for a person who has a mental health disorder and who is a danger to the person's self or others, is gravely disabled, or is insane, as defined in section
16-8-101
, and who is not then subject to proceedings pursuant to this article 65 or part 3 or part 4 of article
14
of title
15
, the interested person may petition the court for a specific finding as to the legal disability or deprivation of a legal right. Actions commenced pursuant to this subsection (1) may include but are not limited to actions to determine contractual rights and rights with regard to the operation of motor vehicles.
(b)
The petition must set forth the disability to be imposed or the legal right to be deprived and the reasons.
(2)
The court may impose a legal disability or may deprive a respondent of a legal right only upon finding both of the following:
(a)
That the respondent is a person with a mental health disorder and is a danger to the respondent's self or others, is gravely disabled, or insane, as defined in section
16-8-101
; and
(b)
That the requested disability or deprivation is both necessary and desirable.
(3)
(a)
Beginning January 1, 2023, the BHA shall provide periodic updates to the advisory board related to the implementation of House Bill 22-1256, including updates regarding whether the BHA will have the capability and capacity to assist emergency medical services facilities that treat a person under an emergency mental health hold find appropriate placement, when indicated, for the person at an inpatient or outpatient mental health facility or facility designated by the commissioner.
(b)
This subsection (3) is repealed, effective July 1, 2025.
(4)
To have a legal disability removed or a legal right restored, any interested person may file a petition with the court that made the original finding. No legal disability may be imposed nor a legal right be deprived for a period of more than six months without a review hearing by the court at the end of six months, at which time the findings specified in subsection (2) of this section must be reaffirmed to justify continuance of the disability or deprivation. A copy of the petition must be served on the person who filed the original petition, on the person whose rights are affected if the person is not the petitioner, and upon the facility where the person whose rights are affected resides, if any.
(5)
Whenever any proceedings are instituted or conducted pursuant to this section, the following procedures apply:
(a)
Upon the filing of a petition, the court shall appoint an attorney to represent the respondent. The respondent may replace the attorney with an attorney of the respondent's own choosing at any time. Attorney fees for an indigent respondent are paid by the court.
(b)
The court, upon request of an indigent respondent or the respondent's attorney, shall appoint, at the court's expense, one or more professional persons of the respondent's choosing to assist the respondent in the preparation of the respondent's case.
(c)
Upon demand made at least five days prior to the date of hearing, the respondent has the right to a trial of all issues by a jury of six.
(d)
At all times the burden is upon the person seeking imposition of a disability or deprivation of a legal right or opposing removal of a disability or deprivation to prove all essential elements by clear and convincing evidence.
(e)
Pending a hearing, the court may issue an order temporarily imposing a disability or depriving the respondent of a legal right for a period of not more than ten days in conformity with the standards for issuance of ex parte temporary restraining orders in civil cases, but no individual habilitation or rehabilitation plan is required prior to the issuance of the order.
(f)
Except as otherwise provided in this subsection (5), all proceedings must be held in conformance with the Colorado rules of civil procedure, but no costs may be assessed against the respondent.
Amended by 2022 Ch. 451, § 1, eff. 8/10/2022.
Amended by 2017 Ch. 263, § 242, eff. 5/25/2017.
L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 699, § 2, effective April 29. L. 2017: (1)(a) and (2)(a) amended, (SB 17-242), ch. 263, p. 1348, § 242, effective May 25.
This section is similar to former § 27-10-125 as it existed prior to 2010.
2022 Ch. 451, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.