A Bill for an Act
Page 1, Line 101Concerning the "Uniform Guardianship, Conservatorship,
Page 1, Line 102and Other Protective Arrangements Act".
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Colorado Commission on Uniform State Laws. The bill repeals the "Uniform Guardianship and Protective Proceedings Act" and enacts the "Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act", drafted by the uniform law commission.
The bill provides guidance for guardians and conservators and clarifies how appointees must make decisions on behalf of a person under guardianship or conservatorship.
The bill encourages the use of protective arrangements and less restrictive alternatives instead of conservatorship or guardianship if a person's needs can be met with support services and technology.
The bill expands the procedural rights for respondents to ensure that guardianships and conservatorships are only imposed when necessary.
The bill provides for expanded monitoring of guardians and conservators to ensure compliance with fiduciary duties and prevent exploitation.
The bill provides for visitation and communication rights for individuals subject to guardianship or conservatorship. This includes a limitation on a guardian's ability to prevent communication, visitation, or interactions between a person subject to guardianship and a third party.
The bill provides for protections to prevent exploitation of vulnerable individuals by allowing the court to restrict access to the respondent or the respondent's property by a specified person without imposing a guardianship or conservatorship.
The bill prohibits courts from establishing full guardianship or conservatorship if a limited guardianship or conservatorship would meet the respondent's needs, requires a petitioner seeking full guardianship or conservatorship to provide support to justify full guardianship or conservatorship, and requires courts to provide findings to support the imposition of full guardianship or conservatorship.
The bill updates provisions concerning minors subject to guardianship and provides for involvement of a minor in decisions that involve the minor.
The bill provides guidance for property management for individuals subject to guardianship.
The bill contains model forms for petitioners and respondents to use when filing petitions and notice with the court.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add article 14.7 to title 15 as follows:
Page 2, Line 3ARTICLE 14.7
Uniform Guardianship, Conservatorship,
Page 2, Line 4and Other Protective Arrangements Act
Page 2, Line 5PART 1
GENERAL PROVISIONS
Page 3, Line 115-14.7-101. Short title.This article 14.7 may be cited as the
Page 3, Line 2"Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act".
Page 3, Line 315-14.7-102. Definitions.As used in this article 14.7, unless the context otherwise requires:
Page 3, Line 4(1) "Adult" means an individual at least eighteen years of age or an emancipated individual under eighteen years of age.
Page 3, Line 5(2) "Adult subject to conservatorship" means an adult for
Page 3, Line 6whom a conservator has been appointed pursuant to this article 14.7.
Page 3, Line 7(3) "Adult subject to guardianship" means an adult for
Page 3, Line 8whom a guardian has been appointed pursuant to this article 14.7.
Page 3, Line 9(4) "Claim" includes a claim against an individual or
Page 3, Line 10conservatorship estate, whether arising in contract, tort, or otherwise.
Page 3, Line 11(5) "Conservator" means a person appointed by a court to
Page 3, Line 12make decisions with respect to the property or financial affairs
Page 3, Line 13of an individual subject to conservatorship. The term includes,
Page 3, Line 14but is not limited to, a co-conservator or a special conservator appointed pursuant to section 15-14.7-512.
Page 3, Line 15(6) "Conservatorship estate" means the property subject to conservatorship pursuant to this article 14.7.
Page 3, Line 16(7) "Delegatee" means any person, including a
Page 3, Line 17professional service provider, to whom a guardian or
Page 3, Line 18conservator has delegated one or more of the powers detailed
Page 4, Line 1in section 15-14.7-210, 15-14.7-314, 15-14.7-414, or 15-14.7-421 and
Page 4, Line 2is subject to the duties and limitations of the guardian or conservator pursuant to this article 14.7.
Page 4, Line 3(8) "Full conservatorship" means a conservatorship that
Page 4, Line 4grants the conservator all powers available pursuant to this article 14.7.
Page 4, Line 5(9) "Full guardianship" means a guardianship that grants the guardian all powers available pursuant to this article 14.7.
Page 4, Line 6(10) "Guardian" means a person appointed by the court to
Page 4, Line 7make decisions with respect to the personal affairs of an
Page 4, Line 8individual. The term includes a co-guardian but does not include a guardian ad litem.
Page 4, Line 9(11) "Guardian ad litem" means a person appointed to
Page 4, Line 10inform the court about, and to represent, the needs and best interest of an individual.
Page 4, Line 11(12) "Individual subject to conservatorship" means an
Page 4, Line 12adult or minor for whom a conservator has been appointed pursuant to this article 14.7.
Page 4, Line 13(13) "Individual subject to guardianship" means an adult
Page 4, Line 14or minor for whom a guardian has been appointed pursuant to this article 14.7.
Page 4, Line 15(14) "Less restrictive alternative" means an approach to
Page 4, Line 16meeting an individual's needs which restricts fewer rights of the
Page 4, Line 17individual than would the appointment of a guardian or
Page 4, Line 18conservator. The term includes supported decision-making,
Page 4, Line 19appropriate technological assistance, appointment of a
Page 4, Line 20representative payee, and appointment of an agent by the
Page 5, Line 1individual, including appointment under a power of attorney for health care or power of attorney for finances.
Page 5, Line 2(15) "Letters of office" means a record issued by a court certifying a guardian's or conservator's authority to act.
Page 5, Line 3(16) "Limited conservatorship" means a conservatorship
Page 5, Line 4that grants the conservator less than all powers available
Page 5, Line 5pursuant to this article 14.7, grants powers over only certain property, or otherwise restricts the powers of the conservator.
Page 5, Line 6(17) "Limited guardianship" means a guardianship that
Page 5, Line 7grants the guardian less than all powers available pursuant to
Page 5, Line 8this article 14.7 or otherwise restricts the powers of the guardian.
Page 5, Line 9(18) "Member of the respondent's supportive community"
Page 5, Line 10means a person who the respondent adult has identified and
Page 5, Line 11trusts to engage in the supported decision-making process
Page 5, Line 12concerning the respondent adult and who understands the respondent adult's desires and personal values.
Page 5, Line 13(19) "Minor" means an unemancipated individual under eighteen years of age.
Page 5, Line 14(20) "Minor subject to conservatorship" means a minor for
Page 5, Line 15whom a conservator has been appointed pursuant to this article 14.7.
Page 5, Line 16(21) "Minor subject to guardianship" means a minor for
Page 5, Line 17whom a guardian has been appointed pursuant to this article 14.7.
Page 5, Line 18(22) "Parent" means a parent whose parental rights have
Page 5, Line 19not been terminated.
Page 6, Line 1(23) "Person" means an individual, estate, business or
Page 6, Line 2nonprofit entity, public corporation, government or
Page 6, Line 3governmental subdivision, agency, or instrumentality, or other legal entity.
Page 6, Line 4(24) "Person interested in the welfare of" means an
Page 6, Line 5interested person with regard to the well-being of an individual
Page 6, Line 6subject to guardianship or conservatorship, or of a respondent
Page 6, Line 7in a guardianship, conservatorship or protective arrangement
Page 6, Line 8proceeding, who, with respect to the matter under
Page 6, Line 9consideration, has a relevant concern that the relief requested
Page 6, Line 10in the matter or outcome of the matter is required for the
Page 6, Line 11protection of the individual's health, safety, welfare, or estate,
Page 6, Line 12or may have a harmful effect on the individual's health, safety, welfare, or estate.
Page 6, Line 13(25) "Property" includes tangible and intangible property.
Page 6, Line 14(26) "Protective arrangement instead of conservatorship" means a court order entered pursuant to section 15-14.7-503.
Page 6, Line 15(27) "Protective arrangement instead of guardianship" means a court order entered pursuant to section 15-14.7-502.
Page 6, Line 16(28) "Protective arrangement pursuant to part 5 of this
Page 6, Line 17article 14.7" means a court order entered pursuant to section 15-14.7-502 or 15-14.7-503.
Page 6, Line 18(29) "Record", used as a noun, means information that is
Page 6, Line 19inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Page 6, Line 20(30) "Respondent" means an individual for whom
Page 6, Line 21appointment of a guardian or conservator or a protective
Page 7, Line 1arrangement instead of guardianship or conservatorship is sought.
Page 7, Line 2(31) "Sign" means, with present intent to authenticate or adopt a record:
Page 7, Line 3(a) To execute or adopt a tangible symbol; or
Page 7, Line 4(b) To attach to or logically associate with the record an electronic symbol, sound, or process.
Page 7, Line 5(32) "Standby guardian" means a person appointed by the court pursuant to section 15-14.7-207.
Page 7, Line 6(33) "State" means a state of the United States, the
Page 7, Line 7District of Columbia, Puerto Rico, the United States Virgin
Page 7, Line 8Islands, or any territory or insular possession subject to the
Page 7, Line 9jurisdiction of the United States. The term includes a federally recognized Indian tribe.
Page 7, Line 10(34) "Supported decision making" means assistance from
Page 7, Line 11one or more persons of an individual's choosing in understanding
Page 7, Line 12the nature and consequences of potential personal and
Page 7, Line 13financial decisions, which enables the individual to make the
Page 7, Line 14decisions, and in communicating a decision once made if
Page 7, Line 15consistent with the individual's wishes. The term may include
Page 7, Line 16supported decision-making agreements, as provided in part 8 of article 14 of this title15.
Page 7, Line 1715-14.7-103. Supplemental principles of law and equity
Page 7, Line 18applicable.Unless displaced by a particular provision of this
Page 7, Line 19article 14.7, the principles of law and equity supplement its provisions.
Page 7, Line 2015-14.7-104. Subject matter jurisdiction. (1) Except to the
Page 8, Line 1extent jurisdiction is precluded by the "Uniform Child-custody
Page 8, Line 2Jurisdiction and Enforcement Act" pursuant to article 13 of
Page 8, Line 3title 14, the court has jurisdiction over a guardianship for a
Page 8, Line 4minor domiciled or present in this state. The court has
Page 8, Line 5jurisdiction over a conservatorship or protective arrangement
Page 8, Line 6instead of conservatorship for a minor domiciled or having property in this state.
Page 8, Line 7(2) The court has jurisdiction over a guardianship,
Page 8, Line 8conservatorship, or protective arrangement pursuant to part
Page 8, Line 95 of this article 14.7 for an adult as provided in the "Uniform
Page 8, Line 10Adult Guardianship and Protective Proceedings Jurisdiction Act" pursuant to article 14.5 of title 15.
Page 8, Line 11(3) After notice is given in a proceeding for a
Page 8, Line 12guardianship, conservatorship, or protective arrangement
Page 8, Line 13pursuant to part 5 of this article 14.7 and until termination of the proceeding, the court in which the petition is filed has:
Page 8, Line 14(a) Exclusive jurisdiction to determine the need for the guardianship, conservatorship, or protective arrangement;
Page 8, Line 15(b) Exclusive jurisdiction to determine how property of
Page 8, Line 16the respondent must be managed, expended, or distributed to or
Page 8, Line 17for the use of the respondent, an individual who is dependent in fact on the respondent, or other claimant;
Page 8, Line 18(c) Nonexclusive jurisdiction to determine the validity of
Page 8, Line 19a claim against the respondent or property of the respondent or a question of title concerning the property; and
Page 8, Line 20(d) If a guardian or conservator is appointed, exclusive
Page 8, Line 21jurisdiction over issues related to administration of the guardianship or conservatorship.
Page 9, Line 1(e) A court that appoints a guardian or conservator, or
Page 9, Line 2authorizes a protective arrangement pursuant to part 5 of this
Page 9, Line 3article 14.7, has exclusive and continuing jurisdiction over the
Page 9, Line 4proceeding until the court terminates the proceeding or the appointment or protective arrangement expires by its terms.
Page 9, Line 515-14.7-105. Transfer of proceeding. (1) This section does
Page 9, Line 6not apply to a guardianship or conservatorship for an adult
Page 9, Line 7who is subject to the transfer provisions pursuant to part 3 of
Page 9, Line 8article 14.5 of title 15 of the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act".
Page 9, Line 9(2) After appointment of a guardian or conservator, the
Page 9, Line 10court that made the appointment may transfer the proceeding
Page 9, Line 11to a court in another county in this state or another state if
Page 9, Line 12transfer is in the best interest of the individual subject to the guardianship or conservatorship.
Page 9, Line 13(3) If a proceeding for a guardianship or conservatorship
Page 9, Line 14is pending in another state or a foreign country and a petition
Page 9, Line 15for guardianship or conservatorship for the same individual is
Page 9, Line 16filed in a court in this state, the court shall notify the court in
Page 9, Line 17the other state or foreign country and, after consultation with
Page 9, Line 18that court, assume or decline jurisdiction, whichever is in the best interest of the respondent.
Page 9, Line 19(4) A guardian or conservator appointed in another state
Page 9, Line 20or country may petition the court for appointment as a guardian
Page 9, Line 21or conservator in this state for the same individual if
Page 9, Line 22jurisdiction in this state is or will be established. The
Page 10, Line 1appointment may be made on proof of appointment in the other
Page 10, Line 2state or foreign country and presentation of a certified copy of
Page 10, Line 3the part of the court record in the other state or country specified by the court in this state.
Page 10, Line 4(5) Notice of hearing on a petition pursuant to subsection
Page 10, Line 5(4) of this section, together with a copy of the petition, must be
Page 10, Line 6given to the respondent, if the respondent is at least twelve
Page 10, Line 7years of age at the time of the hearing, and to the persons that
Page 10, Line 8would be entitled to notice if the procedures for appointment of
Page 10, Line 9a guardian or conservator pursuant to this article 14.7 were
Page 10, Line 10applicable. The court shall make the appointment unless it
Page 10, Line 11determines the appointment would not be in the best interest of the respondent.
Page 10, Line 12(6) Not later than fourteen days after appointment
Page 10, Line 13pursuant to subsection (5) of this section, the guardian or
Page 10, Line 14conservator shall give a copy of the order of appointment to
Page 10, Line 15the individual subject to guardianship or conservatorship, if the
Page 10, Line 16individual is at least twelve years of age, and to all persons given notice of the hearing on the petition.
Page 10, Line 1715-14.7-106. Venue. (1) Venue for a guardianship proceeding for a minor is in:
Page 10, Line 18(a) The county in which the minor resides or is present at the time the proceeding commences; or
Page 10, Line 19(b) The county in which another proceeding concerning the custody or parental rights of the minor is pending.
Page 10, Line 20(2) Venue for a guardianship proceeding or protective
Page 10, Line 21arrangement instead of guardianship for an adult is in:
(a) The county in which the respondent resides;
Page 11, Line 1(b) If the respondent has been admitted to an institution by court order, the county in which the court is located; or
Page 11, Line 2(c) If the proceeding is for appointment of an emergency
Page 11, Line 3guardian for an adult, the county in which the respondent is
Page 11, Line 4present on the date the petition is filed or the county in which
Page 11, Line 5the respondent resides if the court determines that the county in which the respondent resides is the most appropriate venue.
Page 11, Line 6(3) Venue for a conservatorship proceeding or protective arrangement instead of conservatorship is in:
Page 11, Line 7(a) The county in which the respondent resides, whether
Page 11, Line 8or not a guardian has been appointed in another county or other jurisdiction; or
Page 11, Line 9(b) If the respondent does not reside in this state, in any county in which property of the respondent is located.
Page 11, Line 10(4) If proceedings pursuant to this article 14.7 are
Page 11, Line 11brought in more than one county, the court of the county in
Page 11, Line 12which the first proceeding is brought has the exclusive right to
Page 11, Line 13proceed unless the court determines venue is properly in
Page 11, Line 14another court or the interest of justice otherwise requires transfer of the proceeding.
Page 11, Line 1515-14.7-107. Practice in court. (1) Except as otherwise
Page 11, Line 16provided in this article 14.7, the rules of evidence and civil
Page 11, Line 17procedure, including rules concerning appellate review, govern a proceeding pursuant to this article 14.7.
Page 11, Line 18(2) If proceedings for a guardianship, conservatorship, or
Page 11, Line 19protective arrangement pursuant to part 5 of this article 14.7
Page 12, Line 1for the same individual are commenced or pending in the same court, the proceedings may be consolidated.
Page 12, Line 215-14.7-108. Letters of office. (1) The court shall issue
Page 12, Line 3letters of office to a guardian on filing by the guardian of an
Page 12, Line 4acknowledgment of responsibilities that includes a statement
Page 12, Line 5that the nominee acknowledges and understands that if the
Page 12, Line 6nominee fails to file required reports with the court or fails to
Page 12, Line 7respond to an order of the court to show cause why the nominee
Page 12, Line 8should not be held in contempt of court, the laws of this state
Page 12, Line 9authorize the court to access data and records of state agencies in order to obtain contact information for the nominee.
Page 12, Line 10(2) The court shall issue letters of office to a
Page 12, Line 11conservator on filing by the conservator of an acknowledgment of responsibilities that includes:
Page 12, Line 12(a) A statement that the nominee acknowledges and
Page 12, Line 13understands that if the nominee fails to file required reports
Page 12, Line 14with the court or fails to respond to an order of the court to
Page 12, Line 15show cause why the nominee should not be held in contempt of
Page 12, Line 16court, the laws of this state authorize the court to access data
Page 12, Line 17and records of state agencies in order to obtain contact information for the nominee; and
Page 12, Line 18(b) Filing of any required bond or compliance with any other asset protection arrangement required by the court.
Page 12, Line 1915-14.7-109. Effect of acceptance of appointment.Upon the
Page 12, Line 20filing of an acceptance of appointment, a guardian or
Page 12, Line 21conservator submits to personal jurisdiction of the court in this
Page 12, Line 22state in any proceeding relating to the guardianship or conservatorship.
Page 13, Line 115-14.7-110. Co-guardian and co-conservator. (1) At any
Page 13, Line 2time, the court may appoint a co-guardian or co-conservator to
Page 13, Line 3serve immediately or when a designated event occurs. At least
Page 13, Line 4one of the co-guardians or co-conservators appointed by the court must be a fiduciary, as defined in section 15-1-103.
Page 13, Line 5(2) A co-guardian or co-conservator appointed to serve
Page 13, Line 6immediately may act when that co-guardian or co-conservator complies with section 15-14.7-108.
Page 13, Line 7(3) A co-guardian or co-conservator appointed to serve when a designated event occurs may act when:
Page 13, Line 8(a) The event occurs; and
Page 13, Line 9(b) The co-guardian or co-conservator complies with section 15-14.7-108.
Page 13, Line 10(4) Unless an order of appointment pursuant to subsection
Page 13, Line 11(1) of this section or subsequent order states otherwise, co-guardians or co-conservators must make decisions jointly.
Page 13, Line 1215-14.7-111. Judicial appointment of successor guardian or
Page 13, Line 13successor conservator. (1) At any time, the court may appoint a
Page 13, Line 14successor guardian or successor conservator to serve immediately or when a designated event occurs.
Page 13, Line 15(2) A person entitled pursuant to section 15-14.7-202 or
Page 13, Line 1615-14.7-302 to petition the court to appoint a guardian may
Page 13, Line 17petition the court to appoint a successor guardian. A person
Page 13, Line 18entitled pursuant to section 15-14.7-402 to petition the court to
Page 13, Line 19appoint a conservator may petition the court to appoint a
Page 13, Line 20successor conservator.
Page 14, Line 1(3) A successor guardian or successor conservator
Page 14, Line 2appointed to serve when a designated event occurs may act as guardian or conservator when:
Page 14, Line 3(a) The event occurs; and
(b) The successor complies with section 15-14.7-108.
Page 14, Line 4(4) A successor guardian or successor conservator has
Page 14, Line 5the predecessor's powers unless otherwise provided by the court.
Page 14, Line 615-14.7-112. Effect of death, removal, or resignation of
Page 14, Line 7guardian or conservator. (1) Appointment of a guardian or
Page 14, Line 8conservator terminates on the death or removal of the
Page 14, Line 9guardian or conservator, or when the court approves a
Page 14, Line 10resignation of the guardian or conservator pursuant to subsection (2) of this section.
Page 14, Line 11(2) A guardian or conservator must petition the court to
Page 14, Line 12resign. The petition may include a request that the court appoint
Page 14, Line 13a successor. Resignation of a guardian or conservator is effective on the date the resignation is approved by the court.
Page 14, Line 14(3) Death, removal, or resignation of a guardian or
Page 14, Line 15conservator does not affect liability for a previous act or the obligation to account for:
Page 14, Line 16(a) An action taken on behalf of the individual subject to guardianship or conservatorship; or
Page 14, Line 17(b) The individual's funds or other property.
Page 14, Line 1815-14.7-113. Notice of hearing generally. (1) Except as
Page 14, Line 19otherwise provided in sections 15-14.7-203, 15-14.7-207,
Page 14, Line 2015-14.7-303, 15-14.7-403, and 15-14.7-505, if notice of a hearing
Page 15, Line 1pursuant to this article 14.7 is required, the movant must give
Page 15, Line 2notice, pursuant to section 15-10-401, of the date, time, and place
Page 15, Line 3of the hearing to the person to be notified unless otherwise
Page 15, Line 4ordered by the court for good cause. Except as otherwise
Page 15, Line 5provided in this article 14.7, notice must be provided in
Page 15, Line 6compliance with Colorado rules of probate procedure at least fourteen days before the hearing.
Page 15, Line 7(2) Proof of notice of a hearing pursuant to this article
Page 15, Line 814.7 must be made before or at the hearing and filed in the proceeding.
Page 15, Line 9(3) Notice of a hearing pursuant to this article 14.7 must
Page 15, Line 10be in at least sixteen-point font, in plain language, and, to the
Page 15, Line 11extent feasible, in a language in which the person to be notified is proficient.
Page 15, Line 1215-14.7-114. Waiver of notice. (1) Except as otherwise
Page 15, Line 13provided in subsection (2) of this section, a person may waive
Page 15, Line 14notice pursuant to this article 14.7 in a record signed by the person or person's attorney and filed in the proceeding.
Page 15, Line 15(2) A respondent, individual subject to guardianship,
Page 15, Line 16individual subject to conservatorship, or individual subject to
Page 15, Line 17a protective arrangement pursuant to part 5 of this article 14.7 may not waive notice pursuant to this article 14.7.
Page 15, Line 1815-14.7-115. Guardian ad litem.At any time, the court may
Page 15, Line 19appoint a guardian ad litem for an individual if the court
Page 15, Line 20determines the individual's interest otherwise would not be
Page 15, Line 21adequately represented. If no conflict of interest exists, a
Page 15, Line 22guardian ad litem may be appointed to represent multiple
Page 16, Line 1individuals or interests. The guardian ad litem may not be the
Page 16, Line 2same individual as the attorney representing the respondent.
Page 16, Line 3The court shall state the duties of the guardian ad litem and the reasons for the appointment.
Page 16, Line 415-14.7-116. Request for notice. (1) A person may file a
Page 16, Line 5request for notice with the court pursuant to this article 14.7 if the person is:
Page 16, Line 6(a) Not otherwise entitled to notice; and
Page 16, Line 7(b) Interested in the welfare of a respondent, the
Page 16, Line 8individual subject to guardianship or conservatorship, or the
Page 16, Line 9individual subject to a protective arrangement pursuant to part 5 of this article 14.7.
Page 16, Line 10(2) A request pursuant to subsection (1) of this section
Page 16, Line 11must include a statement showing the interest of the person
Page 16, Line 12making the request and the address of the person or an attorney for the person to whom notice is to be given.
Page 16, Line 13 (3) If the court receives a request pursuant to subsection
Page 16, Line 14(1) of this section, the court must serve notice of the receipt to
Page 16, Line 15the guardian or conservator, if one has been appointed, or the
Page 16, Line 16respondent and the respondent's attorney if no guardian or
Page 16, Line 17conservator has been appointed, and any other person the court determines.
Page 16, Line 18(4) If the court does not receive an objection to the
Page 16, Line 19request for notice within fourteen days after the request is
Page 16, Line 20filed, the court may approve or deny the request for good cause.
Page 16, Line 21If the court receives an objection to the request for notice
Page 16, Line 22within fourteen days after the request is filed, the court must
Page 17, Line 1hold a hearing before granting approval or denial of the request.
Page 17, Line 215-14.7-117. Disclosure of bankruptcy or criminal history.
Page 17, Line 3(1) A petition for appointment of a guardian or conservator
Page 17, Line 4must be filed with an acceptance of appointment signed by the
Page 17, Line 5person nominated for appointment as a guardian or conservator that discloses to the court whether the person:
Page 17, Line 6(a) Is or has been a debtor in a bankruptcy, insolvency, or receivership proceeding;
Page 17, Line 7(b) Has been convicted of, pled nolo contendere to, or
Page 17, Line 8received a deferred sentence for a felony or misdemeanor, and, if so, the name of the state and court issuing the order;
Page 17, Line 9(c) Has had a temporary civil protection order, temporary
Page 17, Line 10restraining order, permanent civil protection order, or
Page 17, Line 11permanent restraining order issued against the person in this state or another state at any time;
Page 17, Line 12(d) Has a civil judgment entered against them and, if so, the name of the court granting the judgment; and
Page 17, Line 13(e) Has been relieved of any court-appointed
Page 17, Line 14responsibilities and, if so, the name of the court relieving the person.
Page 17, Line 15(2) In support of the statement set forth in the acceptance
Page 17, Line 16of the office pursuant to subsection (1) of this section, the person shall:
Page 17, Line 17(a) Obtain, and attach to the acceptance of office, a
Page 17, Line 18name-based criminal history record check through the
Page 17, Line 19Colorado bureau of investigation. The person is responsible for the cost of the name-based criminal history record check; and
Page 18, Line 1(b) Obtain, and attach to the acceptance of office, a
Page 18, Line 2current credit report of the person. The person is responsible for the cost of the credit report.
Page 18, Line 3(3) The requirements in subsections (1) and (2) of this section do not apply to the follow people:
Page 18, Line 4(a) A public administrator nominated as a guardian or conservator;
Page 18, Line 5(b) A trust company nominated as a guardian or conservator;
Page 18, Line 6(c) A bank nominated as a guardian or conservator;
Page 18, Line 7(d) A credit union, savings and loan association, or other
Page 18, Line 8financial institution nominated as a guardian or conservator pursuant to state law;
Page 18, Line 9(e) A state or county agency nominated as a guardian or conservator pursuant to state law;
Page 18, Line 10(f) A child's parent who is nominated as a guardian or conservator of the child; or
Page 18, Line 11(g) Any other person or entity that the court, with good cause shown, determines that the requirements do not apply to.
Page 18, Line 12(4) A guardian or conservator that engages or
Page 18, Line 13anticipates engaging another person the guardian or
Page 18, Line 14conservator knows has been convicted of a felony, a crime
Page 18, Line 15involving dishonesty, neglect, violence, or use of physical force,
Page 18, Line 16or other crime relevant to the functions the other person is
Page 18, Line 17being engaged to perform promptly must disclose that
Page 18, Line 18knowledge to the court.
Page 19, Line 1(5) If a conservator engages or anticipates engaging
Page 19, Line 2another person to manage finances of the individual subject to
Page 19, Line 3conservatorship and knows the other person is or has been a
Page 19, Line 4debtor in a bankruptcy, insolvency, or receivership proceeding,
Page 19, Line 5the conservator promptly shall disclose that knowledge to the court.
Page 19, Line 615-14.7-118. Multiple nominations.If a respondent or other
Page 19, Line 7person makes more than one nomination of a guardian or conservator, the latest in time governs.
Page 19, Line 815-14.7-119. (Reserved)
15-14.7-120. (Reserved)
Page 19, Line 915-14.7-121. Liability of guardian or conservator for act of
Page 19, Line 10individual subject to guardianship or conservatorship.A guardian
Page 19, Line 11or conservator is not personally liable to another person
Page 19, Line 12solely because of the guardianship or conservatorship for an
Page 19, Line 13act or omission of the individual subject to guardianship or conservatorship.
Page 19, Line 1415-14.7-122. Petition after appointment for instruction or
Page 19, Line 15ratification. (1) A guardian or conservator may petition the
Page 19, Line 16court for instruction concerning fiduciary responsibility or
Page 19, Line 17ratification of a particular act related to the guardianship or conservatorship.
Page 19, Line 18(2) On notice and hearing on a petition pursuant to
Page 19, Line 19subsection (1) of this section, the court may give instruction and issue an appropriate order.
Page 19, Line 2015-14.7-123. Use of delegatee by guardian. (1) A guardian
Page 19, Line 21may not delegate all of the duties or powers to a delegatee or
Page 20, Line 1another guardian, but a guardian may otherwise delegate the
Page 20, Line 2performance of functions to a qualified person of comparable skills.
Page 20, Line 3(2) The guardian shall exercise reasonable care, skill, and caution in:
Page 20, Line 4(a) Selecting a delegatee;
Page 20, Line 5(b) Establishing the scope and terms of a delegation, consistent with the purposes and terms of the guardianship;
Page 20, Line 6(c) Periodically reviewing a delegatee's overall
Page 20, Line 7performance and compliance with the terms of the delegation; and
Page 20, Line 8(d) Redressing an action or decision of a delegatee that
Page 20, Line 9would constitute a breach of fiduciary duty or improper conduct, if performed by the guardian.
Page 20, Line 10(3) A guardian who complies with subsections (1) and (2) of
Page 20, Line 11this section is not liable to the individual subject to
Page 20, Line 12guardianship or to the estate or to the individual subject to
Page 20, Line 13guardianship's successors for the decisions or actions of the delegatee to whom a function was delegated.
Page 20, Line 14(4) In performing a delegated function, a delegatee shall
Page 20, Line 15exercise reasonable care to comply with the terms of the delegation.
Page 20, Line 16(5) By accepting a delegation from a guardian subject to
Page 20, Line 17the laws of this state, a delegatee submits to the jurisdiction of the courts of this state.
Page 20, Line 1815-14.7-124. Use of delegatee by conservator. (1) A
Page 20, Line 19conservator may not delegate the entire administration of the
Page 21, Line 1estate to a delegatee or another conservator, but a
Page 21, Line 2conservator may otherwise delegate the performance of
Page 21, Line 3functions that a prudent trustee of comparable skills may delegate under similar circumstances.
Page 21, Line 4(2) The conservator shall exercise reasonable care, skill, and caution in:
Page 21, Line 5(a) Selecting a delegatee;
Page 21, Line 6(b) Establishing the scope and terms of a delegation, consistent with the purposes and terms of a conservatorship;
Page 21, Line 7(c) Periodically reviewing a delegatee's overall
Page 21, Line 8performance and compliance with the terms of the delegation; and
Page 21, Line 9(d) Redressing an action or decision of a delegatee that
Page 21, Line 10would constitute a breach of trust if performed by the conservator.
Page 21, Line 11(3) A conservator who complies with subsections (1) and
Page 21, Line 12(2) of this section is not liable to the protected person or to the
Page 21, Line 13estate or to the protected person's successors for the decisions or actions of the delegatee to whom a function was delegated.
Page 21, Line 14(4) In performing a delegated function, a delegatee shall
Page 21, Line 15exercise reasonable care to comply with the terms of the delegation.
Page 21, Line 16(5) By accepting a delegation from a conservator subject
Page 21, Line 17to the laws of this state, a delegatee submits to the jurisdiction of the courts of this state.
Page 21, Line 1815-14.7-125. Temporary substitute guardian or conservator.
Page 21, Line 19(1) The court may appoint a temporary substitute guardian for
Page 22, Line 1an individual subject to guardianship for a period not exceeding six months if:
Page 22, Line 2(a) A proceeding to remove a guardian for the individual is pending; or
Page 22, Line 3(b) The court finds a guardian is not effectively
Page 22, Line 4performing the guardian's duties and the welfare of the individual requires immediate action.
Page 22, Line 5(2) The court may appoint a temporary substitute
Page 22, Line 6conservator for an individual subject to conservatorship for a period not exceeding six months if:
Page 22, Line 7(a) A proceeding to remove a conservator for the individual is pending; or
Page 22, Line 8(b) The court finds that a conservator for the individual
Page 22, Line 9is not effectively performing the conservator's duties and the
Page 22, Line 10welfare of the individual or the conservatorship estate requires immediate action.
Page 22, Line 11(3) Except as otherwise ordered by the court, a temporary
Page 22, Line 12substitute guardian or temporary substitute conservator
Page 22, Line 13appointed pursuant to this section has the powers stated in the
Page 22, Line 14order of appointment of the guardian or conservator. The
Page 22, Line 15authority of the existing guardian or conservator is suspended
Page 22, Line 16for as long as the temporary substitute guardian or conservator has authority.
Page 22, Line 17(4) The court shall give notice, pursuant to section
Page 22, Line 1815-10-401, of appointment of a temporary substitute guardian or
Page 22, Line 19temporary substitute conservator, no later than five days
Page 22, Line 20after the appointment, to:
Page 23, Line 1(a) The individual subject to guardianship or conservatorship;
Page 23, Line 2(b) The affected guardian or conservator; and
Page 23, Line 3(c) In the case of a minor, each parent of the minor and any person currently having care or custody of the minor.
Page 23, Line 4(5) The court may remove a temporary substitute
Page 23, Line 5guardian or temporary substitute conservator at any time. The
Page 23, Line 6temporary substitute guardian or temporary substitute conservator shall make any report the court requires.
Page 23, Line 715-14.7-126. Registration of order - effect. (1) If a guardian
Page 23, Line 8has been appointed in another state for an individual, and a
Page 23, Line 9petition for guardianship for the individual is not pending in this
Page 23, Line 10state, the guardian appointed in the other state, after giving
Page 23, Line 11notice to the appointing court, may register the guardianship
Page 23, Line 12order in this state by filing as a foreign judgment, in a court of
Page 23, Line 13an appropriate county of this state, certified copies of the order and letters of office.
Page 23, Line 14(2) If a conservator has been appointed in another state
Page 23, Line 15for an individual, and a petition for conservatorship for the
Page 23, Line 16individual is not pending in this state, the conservator appointed
Page 23, Line 17for the individual in the other state, after giving notice to the
Page 23, Line 18appointing court, may register the conservatorship in this state
Page 23, Line 19by filing as a foreign judgment, in a court of a county in which
Page 23, Line 20property belonging to the individual subject to conservatorship
Page 23, Line 21is located, certified copies of the order of conservatorship,
Page 23, Line 22letters of office, and any bond or other asset protection
Page 23, Line 23arrangement required by the court.
Page 24, Line 1(3) On registration pursuant to this section of a
Page 24, Line 2guardianship or conservatorship order from another state, the
Page 24, Line 3guardian or conservator may exercise in this state all powers
Page 24, Line 4authorized in the order except as prohibited by this article 14.7
Page 24, Line 5and law of this state other than this article 14.7. If the
Page 24, Line 6guardian or conservator is not a resident of this state, the
Page 24, Line 7guardian or conservator may maintain an action or proceeding
Page 24, Line 8in this state subject to any condition imposed by this state on an action or proceeding by a nonresident party.
Page 24, Line 9(4) The court may grant any relief available pursuant to
Page 24, Line 10this article 14.7 and law of this state other than this article 14.7 to enforce an order registered pursuant to this section.
Page 24, Line 1115-14.7-127. Grievance against guardian or conservator.
Page 24, Line 12(1) An individual who is subject to guardianship or
Page 24, Line 13conservatorship, or person interested in the welfare of an
Page 24, Line 14individual subject to guardianship or conservatorship, who
Page 24, Line 15reasonably believes the guardian or conservator is breaching
Page 24, Line 16the guardian's or conservator's fiduciary duty or otherwise
Page 24, Line 17acting in a manner inconsistent with this article 14.7 may file a grievance in a record with the court.
Page 24, Line 18(2) Subject to subsection (3) of this section, after
Page 24, Line 19receiving a grievance pursuant to subsection (1) of this section, the court:
Page 24, Line 20(a) Shall review the grievance and, if necessary to
Page 24, Line 21determine the appropriate response, court records related to the guardianship or conservatorship; and
Page 24, Line 22(b) Shall take action, if appropriate, pursuant to its authority pursuant section 15-10-503.
Page 25, Line 1(3) The initial review required pursuant to subsection
Page 25, Line 2(2)(a) of this section and any action pursuant to subsection (2)(b)
Page 25, Line 3of this section that does not require a court order from a judge or magistrate may be conducted by appropriate court staff.
Page 25, Line 4(4) The court may decline to act pursuant to subsection
Page 25, Line 5(2) of this section if a similar grievance was filed within the six
Page 25, Line 6months preceding the filing of the current grievance and the
Page 25, Line 7court followed the procedures of subsection (2) of this section in considering the earlier grievance.
Page 25, Line 8PART 2
GUARDIANSHIP OF A MINOR
Page 25, Line 915-14.7-201. Basis for appointment of guardian for a minor.
Page 25, Line 10(1) A person becomes a guardian for a minor only upon appointment by the court.
Page 25, Line 11(2) The court may appoint a guardian for a minor who does
Page 25, Line 12not have a guardian if the court finds the appointment is in the minor's best interest and:
Page 25, Line 13(a) Each parent of the minor, after being fully informed of the nature and consequences of guardianship, consents;
Page 25, Line 14(b) All parental rights have been terminated; or
Page 25, Line 15(c) There is clear and convincing evidence that no parent
Page 25, Line 16of the minor is willing or able to exercise the powers the court is granting the guardian.
Page 25, Line 1715-14.7-202. Petition for appointment of guardian for a minor.
Page 25, Line 18(1) A person interested in the welfare of a minor, including the
Page 25, Line 19minor, may petition for appointment of a guardian for the minor.
Page 26, Line 1(2) A petition pursuant to subsection (1) of this section
Page 26, Line 2must state the petitioner's name; principal residence; current
Page 26, Line 3street address, if different; relationship to the minor; interest
Page 26, Line 4in the appointment; the name and address of any attorney
Page 26, Line 5representing the petitioner; and, to the extent known, the following:
Page 26, Line 6(a) The minor's name; age; principal residence; current
Page 26, Line 7street address, if different; and, if different, address of the
Page 26, Line 8dwelling in which it is proposed the minor will reside if the appointment is made;
Page 26, Line 9(b) The name and current street address of each of the minor's parents;
Page 26, Line 10(c) The name and address, if known, of each person that
Page 26, Line 11had primary care or custody of the minor for at least sixty days
Page 26, Line 12during the two years immediately before the filing of the
Page 26, Line 13petition or for at least seven hundred and thirty days during the five years immediately before the filing of the petition;
Page 26, Line 14(d) The name and address of any attorney for the minor and any attorney for each parent of the minor;
Page 26, Line 15(e) The reason guardianship is sought and would be in the best interest of the minor;
Page 26, Line 16(f) The name and address of any proposed guardian and the reason the proposed guardian should be selected;
Page 26, Line 17(g) If the minor has property other than personal effects,
Page 26, Line 18a general statement of the minor's property with an estimate of its value;
Page 26, Line 19(h) Whether the minor needs an interpreter, translator,
Page 27, Line 1or other form of support to communicate effectively with the court or understand court proceedings;
Page 27, Line 2(i) Whether any parent of the minor needs an interpreter,
Page 27, Line 3translator, or other form of support to communicate
Page 27, Line 4effectively with the court or understand court proceedings; and
Page 27, Line 5(j) Whether any other proceeding concerning the care or
Page 27, Line 6custody of the minor is pending in any court in this state or another jurisdiction.
Page 27, Line 715-14.7-203. Notice of hearing for appointment of guardian
Page 27, Line 8for minor. (1) If a petition is filed pursuant to section 15-14.7-202, the court shall schedule a hearing and the petitioner shall:
Page 27, Line 9(a) Serve notice of the date, time, and place of the
Page 27, Line 10hearing, together with a copy of the petition, personally on each of the following who is not the petitioner:
Page 27, Line 11(I) The minor, if the minor will be twelve years of age or older at the time of the hearing;
Page 27, Line 12(II) Each parent of the minor or, if there is none, the adult nearest in kinship who can be found with reasonable diligence;
Page 27, Line 13(III) Any adult with whom the minor resides;
Page 27, Line 14(IV) Each person who had primary care or custody of the
Page 27, Line 15minor for at least sixty days during the two years immediately
Page 27, Line 16before the filing of the petition or for at least seven hundred
Page 27, Line 17and thirty days during the five years immediately before the filing of the petition; and
Page 27, Line 18(V) Any other person the court determines should receive
Page 27, Line 19personal service of notice; and
Page 28, Line 1(b) Serve notice pursuant to section 15-14.7-113 of the
Page 28, Line 2date, time, and place of the hearing, together with a copy of the petition, to:
Page 28, Line 3(I) Any person nominated for guardianship by the minor, if the minor is twelve years of age or older;
Page 28, Line 4(II) Any nominee of a parent;
(III) Each grandparent and adult sibling of the minor;
Page 28, Line 5(IV) Any guardian or conservator acting for the minor in any jurisdiction; and
Page 28, Line 6(V) Any other person the court determines.
Page 28, Line 7(2) Notice required by subsection (1) of this section must
Page 28, Line 8include a statement of the right to request appointment of an
Page 28, Line 9attorney for the minor or object to appointment of a guardian
Page 28, Line 10and a description of the nature, purpose, and consequences of appointment of a guardian.
Page 28, Line 11(3) The court shall not grant a petition for guardianship
Page 28, Line 12of a minor if notice substantially complying with subsection(1)(a) of this section is not served on:
Page 28, Line 13(a) The minor, if the minor is twelve years of age or older; and
Page 28, Line 14(b) Each parent of the minor, unless the court finds by
Page 28, Line 15clear and convincing evidence that the parent cannot with due
Page 28, Line 16diligence be located and served or the parent waived, in a record, the right to notice.
Page 28, Line 17(4) If a petitioner is unable to serve notice pursuant to
Page 28, Line 18subsection (1)(a) of this section on a parent of a minor or alleges
Page 28, Line 19that the parent waived, in a record, the right to notice pursuant to this section, the court shall appoint a visitor who shall:
Page 29, Line 1(a) Interview the petitioner and the minor;
Page 29, Line 2(b) If the petitioner alleges the parent cannot be located,
Page 29, Line 3ascertain whether the parent cannot be located with due diligence; and
Page 29, Line 4(c) Investigate any other matter relating to the petition the court directs.
Page 29, Line 515-14.7-204. Attorney for minor or parent. (1) The court
Page 29, Line 6shall appoint an attorney to represent a minor who is the subject of a proceeding pursuant to section 15-14.7-202 if:
Page 29, Line 7(a) Requested by the minor and the minor is twelve years of age or older;
Page 29, Line 8(b) Recommended by a guardian ad litem; or
(c) The court determines the minor needs representation.
Page 29, Line 9(2) An attorney appointed pursuant to subsection (1) of this section shall:
Page 29, Line 10(a) Make a reasonable effort to ascertain the minor's wishes;
Page 29, Line 11(b) Advocate for the minor's wishes to the extent reasonably ascertainable; and
Page 29, Line 12(c) If the minor's wishes are not reasonably ascertainable, advocate for the minor's best interest.
Page 29, Line 13(3) A minor who is the subject of a proceeding pursuant to
Page 29, Line 14section 15-14.7-202 may retain an attorney to represent the minor in the proceeding.
Page 29, Line 15(4) A parent of a minor who is the subject of a proceeding
Page 29, Line 16pursuant to section 15-14.7-202 may retain an attorney to represent the parent in the proceeding.
Page 30, Line 115-14.7-205. Attendance and participation at hearing for
Page 30, Line 2appointment of guardian for minor. (1) The court shall require a
Page 30, Line 3minor who is the subject of a hearing pursuant to section
Page 30, Line 415-14.7-203 to attend the hearing and allow the minor to
Page 30, Line 5participate in the hearing unless the court determines, by clear
Page 30, Line 6and convincing evidence presented at the hearing or a separate hearing, that:
Page 30, Line 7(a) The minor consistently and repeatedly refused to
Page 30, Line 8attend the hearing after being fully informed of the right to
Page 30, Line 9attend and, if the minor is twelve years of age or older, the potential consequences of failing to do so;
Page 30, Line 10(b) There is no practicable way for the minor to attend the hearing;
Page 30, Line 11(c) The minor lacks the ability or maturity to participate meaningfully in the hearing; or
Page 30, Line 12(d) Attendance would be harmful to the minor.
Page 30, Line 13(2) Unless excused by the court for good cause, the
Page 30, Line 14person proposed to be appointed as guardian for a minor shall attend a hearing pursuant to section 15-14.7-203.
Page 30, Line 15(3) Each parent of a minor who is the subject of a hearing
Page 30, Line 16pursuant to section 15-14.7-203 has the right to attend the hearing.
Page 30, Line 17(4) A person may request permission to participate in a
Page 30, Line 18hearing pursuant to section 15-14.7-203. The court may grant the
Page 30, Line 19request, with or without hearing, on determining that it is in the
Page 30, Line 20best interest of the minor who is the subject of the hearing. The
Page 31, Line 1court may impose appropriate conditions on the person's participation.
Page 31, Line 215-14.7-206. Order of appointment - priority of nominee -
Page 31, Line 3limited guardianship for minor - definitions. (1) After a hearing
Page 31, Line 4pursuant to section 15-14.7-203, the court may appoint a
Page 31, Line 5guardian for a minor, if appointment is proper pursuant to
Page 31, Line 6section 15-14.7-201, dismiss the proceeding, or take other
Page 31, Line 7appropriate action consistent with this article 14.7 or law of this state other than this article 14.7.
Page 31, Line 8(2) In appointing a guardian pursuant to subsection (1) of this section, the following rules apply:
Page 31, Line 9(a) The court shall appoint a person nominated as
Page 31, Line 10guardian by a parent of the minor in a will or other record
Page 31, Line 11unless the court finds the appointment is contrary to the best interest of the minor;
Page 31, Line 12(b) If multiple parents have nominated different persons
Page 31, Line 13to serve as guardian, the court shall appoint the nominee whose
Page 31, Line 14appointment is in the best interest of the minor, unless the court
Page 31, Line 15finds that appointment of none of the nominees is in the best interest of the minor; and
Page 31, Line 16(c) If a guardian is not appointed pursuant to subsection
Page 31, Line 17(2)(a) or (2)(b) of this section, the court shall appoint the person
Page 31, Line 18nominated by the minor if the minor is twelve years of age or
Page 31, Line 19older unless the court finds that appointment is contrary to the
Page 31, Line 20best interest of the minor. In that case, the court shall appoint
Page 31, Line 21as guardian a person whose appointment is in the best interest of
Page 31, Line 22the minor.
Page 32, Line 1(3) In the interest of maintaining or encouraging
Page 32, Line 2involvement by a minor's parent in the minor's life, developing
Page 32, Line 3self-reliance of the minor, or for other good cause, the court,
Page 32, Line 4at the time of appointment of a guardian for the minor or later,
Page 32, Line 5on its own or on motion of the minor or other interested person,
Page 32, Line 6may create a limited guardianship by limiting the powers
Page 32, Line 7otherwise granted to the guardian pursuant to this part 2.
Page 32, Line 8Following the same procedure, the court may grant additional powers or withdraw powers previously granted.
Page 32, Line 9(4) The court, as part of an order appointing a guardian
Page 32, Line 10for a minor, shall state rights retained by any parent of the
Page 32, Line 11minor, which may include contact or visitation with the minor;
Page 32, Line 12decision-making regarding the minor's health care, education, or other matter; or access to a record regarding the minor.
Page 32, Line 13(5) An order granting a guardianship for a minor must state that each parent of the minor is entitled to notice that:
Page 32, Line 14(a) The guardian has delegated custody of the minor subject to guardianship;
Page 32, Line 15(b) The court has modified or limited the powers of the guardian; or
Page 32, Line 16(c) The court has removed the guardian.
Page 32, Line 17(6) An order granting a guardianship for a minor must
Page 32, Line 18identify any person in addition to a parent of the minor who is
Page 32, Line 19entitled to notice of the events listed in subsection (5) of this section.
Page 32, Line 20(7) (a) For purposes of this subsection (7) only, "minor"
Page 32, Line 21means an unmarried individual who has not attained twenty-one years of age.
Page 33, Line 1(b) The court may enter an order appointing a guardian of
Page 33, Line 2a minor and a determination of whether the minor shall be
Page 33, Line 3reunified with a parent or parents, of when the requirements of
Page 33, Line 4subsection (2) of this section are met, of whether the order is in the minor's best interests, and:
Page 33, Line 5(I) The minor has not attained twenty-one years of age;
Page 33, Line 6(II) The minor is residing with and dependent upon a caregiver; and
Page 33, Line 7(III) A request is made for findings from the court to
Page 33, Line 8establish the minor's eligibility for classification as a special immigrant juvenile pursuant to 8 U.S.C. sec. 1101 (a)(27)(J).
Page 33, Line 9(c) If a request is made for findings establishing the
Page 33, Line 10minor's eligibility for classification as a special immigrant
Page 33, Line 11juvenile under federal law and the court determines there is
Page 33, Line 12sufficient evidence to support the findings, the court shall
Page 33, Line 13enter an order, including factual findings and conclusions of law, determining that:
Page 33, Line 14(I) The minor has been placed under the custody of an
Page 33, Line 15individual appointed by the court through the appointment of a guardian;
Page 33, Line 16(II) Reunification of the minor with one or both parents is
Page 33, Line 17not viable due to abuse, neglect, abandonment, or a similar basis
Page 33, Line 18found pursuant to state law. For purposes of this subsection
Page 33, Line 19(7)(c)(II), "abandonment" includes, but is not limited to, the death of one or both parents.
Page 33, Line 20(III) It is not in the best interests of the minor to be
Page 34, Line 1returned to the minor's or parents' previous country of nationality or country of last habitual residence.
Page 34, Line 215-14.7-207. Standby guardian for minor. (1) A standby
Page 34, Line 3guardian appointed pursuant to this section may act as
Page 34, Line 4guardian, with all duties and powers of a guardian pursuant to
Page 34, Line 5sections 15-14.7-209 and 15-14.7-210, when no parent of the minor
Page 34, Line 6is willing or able to exercise the duties and powers granted to the guardian.
Page 34, Line 7(2) A parent of a minor, in a signed record, may nominate
Page 34, Line 8a person to be appointed by the court as standby guardian for
Page 34, Line 9the minor. The parent, in the signed record, may state desired
Page 34, Line 10limitations on the powers to be granted to the standby
Page 34, Line 11guardian. The parent, in a signed record, may revoke or amend
Page 34, Line 12the nomination at any time before the court appoints a standby guardian.
Page 34, Line 13(3) The court may appoint a standby guardian for a minor on:
Page 34, Line 14(a) Petition by a parent of the minor or a person nominated pursuant to subsection (2) of this section; and
Page 34, Line 15(b) Finding that no parent of the minor likely will be able
Page 34, Line 16or willing to care for or make decisions with respect to the minor not later than two years after the appointment.
Page 34, Line 17(4) A petition pursuant to subsection (3)(a) of this section
Page 34, Line 18must include the same information required pursuant to section 15-14.7-202 for the appointment of a guardian for a minor.
Page 34, Line 19(5) Upon filing a petition pursuant to subsection (3)(a) of
Page 34, Line 20this section, the petitioner shall:
(a) Serve a copy of the petition personally on:
Page 35, Line 1(I) The minor, if the minor is twelve years of age or older, and the minor's attorney, if any;
Page 35, Line 2(II) Each parent of the minor;
(III) The person nominated as standby guardian; and
Page 35, Line 3(IV) Any other person the court determines; and
Page 35, Line 4(b) Include with the copy of the petition served pursuant
Page 35, Line 5to subsection (5)(a) of this section a statement of the right to
Page 35, Line 6request appointment of an attorney for the minor or to object
Page 35, Line 7to appointment of the standby guardian and a description of the
Page 35, Line 8nature, purpose, and consequences of appointment of a standby guardian.
Page 35, Line 9(6) A person entitled to notice pursuant to subsection (5)
Page 35, Line 10of this section, not later than sixty days after service of the
Page 35, Line 11petition and statement, may object to appointment of the
Page 35, Line 12standby guardian by filing an objection with the court and
Page 35, Line 13giving notice of the objection to each other person entitled to notice pursuant to subsection (5) of this section.
Page 35, Line 14(7) If an objection is filed pursuant to subsection (6) of
Page 35, Line 15this section, the court shall hold a hearing to determine
Page 35, Line 16whether a standby guardian should be appointed and, if so, the
Page 35, Line 17person who should be appointed. If no objection is filed, the court may make the appointment.
Page 35, Line 18(8) The court shall not grant a petition for a standby
Page 35, Line 19guardian of the minor if notice substantially complying with subsection (5) of this section is not served on:
Page 35, Line 20(a) The minor, if the minor is twelve years of age or older; and
Page 36, Line 1(b) Each parent of the minor, unless the court finds by
Page 36, Line 2clear-and-convincing evidence that the parent, in a record,
Page 36, Line 3waived the right to notice or cannot be located and served with due diligence.
Page 36, Line 4(9) If a petitioner is unable to serve notice pursuant to
Page 36, Line 5subsection (5) on a parent of the minor or alleges that a parent
Page 36, Line 6of the minor waived the right to notice pursuant to this section, the court shall appoint a visitor who shall:
Page 36, Line 7(a) Interview the petitioner and the minor;
Page 36, Line 8(b) If the petitioner alleges the parent cannot be located
Page 36, Line 9and served, ascertain whether the parent cannot be located with due diligence; and
Page 36, Line 10(c) Investigate any other matter relating to the petition the court directs.
Page 36, Line 11(10) If the court finds pursuant to subsection (3) of this
Page 36, Line 12section that a standby guardian should be appointed, the following rules apply:
Page 36, Line 13(a) The court shall appoint the person nominated pursuant
Page 36, Line 14to subsection (2) of this section unless the court finds the appointment is contrary to the best interest of the minor; and
Page 36, Line 15(b) If the parents have nominated different persons to
Page 36, Line 16serve as standby guardian, the court shall appoint the nominee
Page 36, Line 17whose appointment is in the best interest of the minor, unless the
Page 36, Line 18court finds that appointment of none of the nominees is in the best interest of the minor.
Page 36, Line 19(11) An order appointing a standby guardian pursuant to
Page 37, Line 1this section must state that each parent of the minor is entitled to notice, and identify any other person entitled to notice, if:
Page 37, Line 2(a) The standby guardian assumes the duties and powers of the guardian;
Page 37, Line 3(b) The guardian delegates custody of the minor;
Page 37, Line 4(c) The court modifies or limits the powers of the guardian; or
Page 37, Line 5(d) The court removes the guardian.
Page 37, Line 6(12) Before assuming the duties and powers of a guardian,
Page 37, Line 7a standby guardian shall file with the court an acceptance of
Page 37, Line 8appointment as guardian and give notice, pursuant to section 15-10-401, of the acceptance to:
Page 37, Line 9(a) Each parent of the minor, unless the parent, in a
Page 37, Line 10record, waived the right to notice or cannot be located and served with due diligence;
Page 37, Line 11(b) The minor, if the minor is twelve years of age or older; and
Page 37, Line 12(c) Any person, other than the parent, having care or custody of the minor.
Page 37, Line 13(13) A person that receives notice pursuant to subsection
Page 37, Line 14(12) of this section or any other person interested in the welfare
Page 37, Line 15of the minor may file with the court an objection to the standby
Page 37, Line 16guardian's assumption of duties and powers of a guardian. The
Page 37, Line 17court shall hold a hearing if the objection supports a
Page 37, Line 18reasonable belief that the conditions for assumption of duties and powers have not been satisfied.
Page 37, Line 1915-14.7-208. Emergency guardian for minor. (1) On its own,
Page 38, Line 1or on petition by a person interested in a minor's welfare, the
Page 38, Line 2court may appoint an emergency guardian for the minor if the court finds:
Page 38, Line 3(a) Appointment of an emergency guardian is likely to
Page 38, Line 4prevent substantial harm to the minor's health, safety, or welfare; and
Page 38, Line 5(b) No other person appears to have authority and willingness to act in the circumstances.
Page 38, Line 6(2) The duration of authority of an emergency guardian
Page 38, Line 7for a minor must not exceed sixty days and the emergency
Page 38, Line 8guardian may exercise only the powers specified in the order of
Page 38, Line 9appointment. The emergency guardian's authority may be
Page 38, Line 10extended once for not more than sixty days if the court finds
Page 38, Line 11that the conditions for appointment of an emergency guardian described in subsection (1) of this section continue.
Page 38, Line 12(3) Except as otherwise provided in subsection (4) of this
Page 38, Line 13section, reasonable notice of the date, time, and place of a
Page 38, Line 14hearing on a petition for appointment of an emergency guardian for a minor must be given to:
Page 38, Line 15(a) The minor, if the minor is twelve years of age or older;
Page 38, Line 16(b) Any attorney appointed pursuant to section 15-14.7-204;
Page 38, Line 17(c) Each parent of the minor;
Page 38, Line 18(d) Any person, other than a parent, who has care or custody of the minor; and
Page 38, Line 19(e) Any other person the court determines.
Page 38, Line 20(4) The court may appoint an emergency guardian for a
Page 39, Line 1minor without notice pursuant to subsection (3) of this section
Page 39, Line 2and without a hearing only if the court finds from an affidavit
Page 39, Line 3or testimony that the minor's health, safety, or welfare will be
Page 39, Line 4substantially harmed before a hearing with notice on the
Page 39, Line 5appointment can be held. If the court appoints an emergency
Page 39, Line 6guardian without notice to an unrepresented minor or the
Page 39, Line 7attorney for a represented minor, notice of the appointment
Page 39, Line 8must be given not later than forty-eight hours after the
Page 39, Line 9appointment to the individuals listed in subsection (3) of this
Page 39, Line 10section. Not later than five days after the appointment, the
Page 39, Line 11court shall hold a hearing on the appropriateness of the appointment.
Page 39, Line 12(5) Appointment of an emergency guardian pursuant to
Page 39, Line 13this section, with or without notice, is not a determination that
Page 39, Line 14a basis exists for appointment of a guardian pursuant to section 15-14.7-201.
Page 39, Line 15(6) The court may remove an emergency guardian
Page 39, Line 16appointed pursuant to this section at any time. The emergency guardian shall make any report the court requires.
Page 39, Line 1715-14.7-209. Duties of guardian for minor. (1) A guardian
Page 39, Line 18for a minor is a fiduciary. Except as otherwise limited by the
Page 39, Line 19court, a guardian for a minor has the duties and responsibilities
Page 39, Line 20of a parent regarding the minor's support, care, education,
Page 39, Line 21health, safety, and welfare. A guardian shall act in the minor's
Page 39, Line 22best interest and exercise reasonable care, diligence, and prudence.
Page 39, Line 23(2) A guardian for a minor shall:
Page 40, Line 1(a) Be personally acquainted with the minor and maintain
Page 40, Line 2sufficient contact with the minor to know the minor's abilities,
Page 40, Line 3limitations, needs, opportunities, and physical and mental health;
Page 40, Line 4(b) Take reasonable care of the minor's personal effects
Page 40, Line 5and bring a proceeding for a conservatorship or protective
Page 40, Line 6arrangement instead of conservatorship if necessary to protect other property of the minor;
Page 40, Line 7(c) Expend funds of the minor that have been received by
Page 40, Line 8the guardian for the minor's current needs for support, care, education, health, safety, and welfare;
Page 40, Line 9(d) Conserve any funds of the minor not expended
Page 40, Line 10pursuant to subsection (2)(c) of this section for the minor's
Page 40, Line 11future needs, but if a conservator is appointed for the minor, pay
Page 40, Line 12the funds at least quarterly to the conservator to be conserved for the minor's future needs;
Page 40, Line 13(e) Report the condition of the minor and account for
Page 40, Line 14funds and other property of the minor in the guardian's
Page 40, Line 15possession or subject to the guardian's control, as required by
Page 40, Line 16court rule or ordered by the court on application of a person interested in the minor's welfare;
Page 40, Line 17(f) Inform the court of any change in the minor's dwelling or address; and
Page 40, Line 18(g) In determining what is in the minor's best interest, take
Page 40, Line 19into account the minor's preferences to the extent actually known or reasonably ascertainable by the guardian.
Page 40, Line 2015-14.7-210. Powers of guardian for minor. (1) Except as
Page 41, Line 1otherwise limited by court order, a guardian of a minor has the
Page 41, Line 2powers a parent otherwise would have regarding the minor's support, care, education, health, safety, and welfare.
Page 41, Line 3(2) Except as otherwise limited by court order, a guardian for a minor may:
Page 41, Line 4(a) Apply for and receive funds and benefits otherwise
Page 41, Line 5payable for the support of the minor to the minor's parent,
Page 41, Line 6guardian, or custodian pursuant to a statutory system of
Page 41, Line 7benefits or insurance or any private contract, devise, trust, conservatorship, or custodianship;
Page 41, Line 8(b) Unless inconsistent with a court order entitled to
Page 41, Line 9recognition in this state, take custody of the minor and
Page 41, Line 10establish the minor's place of dwelling and, on authorization of
Page 41, Line 11the court, establish or move the minor's dwelling outside this state;
Page 41, Line 12(c) If the minor is not subject to conservatorship,
Page 41, Line 13commence a proceeding, including an administrative proceeding,
Page 41, Line 14or take other appropriate action to compel a person to support the minor or make a payment for the benefit of the minor;
Page 41, Line 15(d) Consent to health or other care, treatment, or service for the minor; or
Page 41, Line 16(e) To the extent reasonable, delegate to the minor responsibility for a decision affecting the minor's well-being.
Page 41, Line 17(3) The court may authorize a guardian for a minor to
Page 41, Line 18consent to the adoption of the minor if the minor does not have a parent.
Page 41, Line 19(4) A guardian for a minor may consent to the marriage of the minor if authorized by the court.
Page 42, Line 115-14.7-211. Removal of guardian for minor; termination of
Page 42, Line 2guardianship - appointment of successor. (1) Guardianship pursuant to this article 14.7 for a minor terminates:
Page 42, Line 3(a) Upon the minor's death, adoption, emancipation, or attainment of majority; or
Page 42, Line 4(b) When the court finds that the standard described in
Page 42, Line 5section 15-14.7-201 for appointment of a guardian is not satisfied, unless the court finds that:
Page 42, Line 6(I) Termination of the guardianship would be harmful to the minor; and
Page 42, Line 7(II) The minor's interest in the continuation of the
Page 42, Line 8guardianship outweighs the interest of any parent of the minor
Page 42, Line 9in restoration of the parent's right to make decisions for the minor.
Page 42, Line 10(2) A minor subject to guardianship or a person interested
Page 42, Line 11in the welfare of the minor may petition the court to terminate
Page 42, Line 12the guardianship, modify the guardianship, remove the guardian
Page 42, Line 13and appoint a successor guardian, or remove a standby guardian and appoint a different standby guardian.
Page 42, Line 14(3) A petitioner pursuant to subsection (2) of this section
Page 42, Line 15shall give notice, pursuant to section 15-10-401, of the hearing
Page 42, Line 16on the petition to the minor, if the minor is twelve years of age
Page 42, Line 17or older and is not the petitioner; the guardian; each parent of the minor; and any other person the court determines.
Page 42, Line 18(4) The court shall follow the priorities in section
Page 42, Line 1915-14.7-206 when selecting a successor guardian for a minor.
Page 43, Line 1(5) No later than thirty days after appointment of a
Page 43, Line 2successor guardian for a minor, the court shall give notice,
Page 43, Line 3pursuant to section 15-10-401, of the appointment to the minor
Page 43, Line 4subject to guardianship, if the minor is twelve years of age or
Page 43, Line 5older; each parent of the minor; and any other person the court determines.
Page 43, Line 6(6) When terminating a guardianship for a minor pursuant
Page 43, Line 7to this section, the court may issue an order providing for
Page 43, Line 8transitional arrangements that will assist the minor with a transition of custody and is in the best interest of the minor.
Page 43, Line 9(7) A guardian for a minor who is removed shall
Page 43, Line 10cooperate with a successor guardian to facilitate transition of
Page 43, Line 11the guardian's responsibilities and protect the best interest of the minor.
Page 43, Line 12PART 3
GUARDIANSHIP OF ADULT
Page 43, Line 1315-14.7-301. Basis for appointment of guardian for adult. (1) On petition and after notice and hearing, the court may:
Page 43, Line 14(a) Appoint a guardian for an adult if the court finds by clear and convincing evidence that:
Page 43, Line 15(I) The respondent lacks the ability to meet essential
Page 43, Line 16requirements for health, safety, or welfare because the
Page 43, Line 17respondent is unable to receive and evaluate information or
Page 43, Line 18make or communicate decisions, even with appropriate supportive
Page 43, Line 19services, technological assistance, or supported decision-making; and
Page 43, Line 20(II) The respondent's identified needs cannot be met by a
Page 44, Line 1protective arrangement instead of guardianship or other less restrictive alternative; or
Page 44, Line 2(b) With appropriate findings, treat the petition as one for
Page 44, Line 3a conservatorship pursuant to part 4 of this article 14.7 or
Page 44, Line 4protective arrangement pursuant to part 5 of this article 14.7, issue any appropriate order, or dismiss the proceeding.
Page 44, Line 5(2) The court shall grant a guardian appointed pursuant
Page 44, Line 6to subsection (1) of this section only those powers necessitated
Page 44, Line 7by the demonstra]ted needs and limitations of the respondent
Page 44, Line 8and issue orders that will encourage development of the
Page 44, Line 9respondent's maximum self-determination and independence. The
Page 44, Line 10court may not establish a full guardianship if a limited
Page 44, Line 11guardianship, protective arrangement instead of guardianship,
Page 44, Line 12or other less restrictive alternatives would meet the needs of the respondent.
Page 44, Line 1315-14.7-302. Petition for appointment of guardian for adult.
Page 44, Line 14(1) A person interested in an adult's welfare, including the
Page 44, Line 15adult for whom the order is sought, may petition for appointment of a guardian for the adult.
Page 44, Line 16(2) A petition pursuant to subsection (1) of this section
Page 44, Line 17must state the petitioner's name; principal residence; current
Page 44, Line 18street address, if different; relationship to the respondent;
Page 44, Line 19interest in the appointment; the name and address of any
Page 44, Line 20attorney representing the petitioner; and, to the extent known, the following:
Page 44, Line 21(a) The respondent's name; age; principal residence;
Page 44, Line 22current street address, if different; and, if different, address of
Page 45, Line 1the dwelling in which it is proposed the respondent will reside if the petition is granted;
Page 45, Line 2(b) The name and address of the respondent's:
Page 45, Line 3(I) Spouse or domestic partner or, if the respondent has
Page 45, Line 4none, an adult with whom the respondent has shared household
Page 45, Line 5responsibilities for more than six months in the twelve-month period immediately before the filing of the petition;
Page 45, Line 6(II) Adult children or, if none, each parent and adult sibling of the respondent; and
Page 45, Line 7(III) Adult stepchildren whom the respondent actively
Page 45, Line 8parented during the stepchildren's minor years and with whom
Page 45, Line 9the respondent had an ongoing relationship in the two-year period immediately before the filing of the petition;
Page 45, Line 10(c) The name and current address of each of the following, if applicable:
Page 45, Line 11(I) A person responsible for care of the respondent;
(II) Any attorney currently representing the respondent;
Page 45, Line 12(III) Any representative payee appointed by the social security administration for the respondent;
Page 45, Line 13(IV) A guardian or conservator acting for the respondent in this state or in another jurisdiction;
Page 45, Line 14(V) A trustee or custodian of a trust or custodianship of which the respondent is a beneficiary;
Page 45, Line 15(VI) Any fiduciary for the respondent appointed by the department of veterans affairs;
Page 45, Line 16(VII) An agent designated under a power of attorney for
Page 45, Line 17health care in which the respondent is identified as the principal;
Page 46, Line 1(VIII) An agent designated under a power of attorney for finances in which the respondent is identified as the principal;
Page 46, Line 2(IX) A person nominated as guardian by the respondent;
Page 46, Line 3(X) A person nominated as guardian by the respondent's
Page 46, Line 4parent or spouse or domestic partner in a will or other signed record;
Page 46, Line 5(XI) A proposed guardian and the reason the proposed guardian should be selected; and
Page 46, Line 6(XII) A member of the respondent's supportive community;
Page 46, Line 7(d) The reason a guardianship is necessary, including a brief description of:
Page 46, Line 8(I) The nature and extent of the respondent's alleged need;
Page 46, Line 9(II) Any protective arrangement instead of guardianship
Page 46, Line 10or other less restrictive alternatives for meeting the
Page 46, Line 11respondent's alleged need which have been considered or implemented;
Page 46, Line 12(III) If no protective arrangement instead of guardianship
Page 46, Line 13or other less restrictive alternatives have been considered or
Page 46, Line 14implemented, the reason they have not been considered or implemented; and
Page 46, Line 15(IV) The reason a protective arrangement instead of
Page 46, Line 16guardianship or other less restrictive alternative is insufficient to meet the respondent's alleged need;
Page 46, Line 17(e) Whether the petitioner seeks a limited guardianship or full guardianship;
Page 46, Line 18(f) If the petitioner seeks a full guardianship, the reason
Page 47, Line 1a limited guardianship or protective arrangement instead of guardianship is not appropriate;
Page 47, Line 2(g) If a limited guardianship is requested, the powers to be granted to the guardian;
Page 47, Line 3(h) The name and current address, if known, of any person
Page 47, Line 4with whom the petitioner seeks to limit the respondent's contact;
Page 47, Line 5(i) If the respondent has property other than personal
Page 47, Line 6effects, a general statement of the respondent's property, with
Page 47, Line 7an estimate of its value, including any insurance or pension, and
Page 47, Line 8the source and amount of other anticipated income or receipts; and
Page 47, Line 9(j) Whether the respondent needs an interpreter,
Page 47, Line 10translator, or other form of support to communicate effectively with the court or understand court proceedings.
Page 47, Line 1115-14.7-303. Notice of hearing for appointment of guardian
Page 47, Line 12for adult. (1) On filing of a petition pursuant to section
Page 47, Line 1315-14.7-302 for appointment of a guardian for an adult, the court shall set a date, time, and place for hearing the petition.
Page 47, Line 14(2) A copy of a petition described in section 15-14.7-302 and
Page 47, Line 15notice of a hearing on the petition must be served personally on
Page 47, Line 16the respondent. The notice must inform the respondent of the
Page 47, Line 17respondent's rights at the hearing, including the right to an
Page 47, Line 18attorney and to attend the hearing. The notice must include a
Page 47, Line 19description of the nature, purpose, and consequences of
Page 47, Line 20granting the petition. The court may not grant the petition if
Page 47, Line 21notice substantially complying with this subsection (2) is not served on the respondent.
Page 48, Line 1(3) In a proceeding on a petition described in section
Page 48, Line 215-14.7-302, the notice required pursuant to subsection (2) of this
Page 48, Line 3section must be given to the persons required to be listed in the
Page 48, Line 4petition pursuant to section 15-14.7-302 (2)(a) to (2)(c) and any
Page 48, Line 5other person interested in the respondent's welfare the court
Page 48, Line 6determines. Failure to give notice pursuant to this subsection (3) does not preclude the court from appointing a guardian.
Page 48, Line 7(4) If a petition filed pursuant to section 15-14.7-302 does
Page 48, Line 8not include the name of at least one person described in section
Page 48, Line 915-14.7-302 (2), the petitioner must search with reasonable
Page 48, Line 10diligence for an adult relative of the respondent and, if an
Page 48, Line 11adult relative is found, give the adult relative notice, in
Page 48, Line 12accordance with section 15-10-401, that a petition for
Page 48, Line 13guardianship of the respondent has been filed and give notice of
Page 48, Line 14a hearing on the petition. The notice sent to the adult relative
Page 48, Line 15of the respondent must not include a copy of the petition.
Page 48, Line 16Failure to give notice pursuant to this subsection (4) does not preclude the court from appointing a guardian.
Page 48, Line 17(5) After the appointment of a guardian, notice of a
Page 48, Line 18hearing on a petition for an order pursuant to this part 3, together with a copy of the petition, must be given to:
Page 48, Line 19(a) The adult subject to guardianship;
(b) The guardian; and
Page 48, Line 20(c) Any other person the court determines.
Page 48, Line 2115-14.7-304. Appointment and role of visitor. (1) On receipt
Page 48, Line 22of a petition described in section 15-14.7-302 for appointment of
Page 49, Line 1a guardian for an adult, the court shall appoint a visitor. The
Page 49, Line 2court shall disclose in the order appointing the visitor the
Page 49, Line 3specific training or experience the visitor has with respect to the
Page 49, Line 4types of abilities, limitations, and needs of the respondent
Page 49, Line 5alleged in the petition and the basis for fees to be paid to the visitor.
Page 49, Line 6(2) A visitor appointed pursuant to subsection (1) of this
Page 49, Line 7section shall interview the respondent in person and, in a manner the respondent is best able to understand:
Page 49, Line 8(a) Explain to the respondent the substance of the
Page 49, Line 9petition; the nature, purpose, and effect of the proceeding; the
Page 49, Line 10respondent's rights at the hearing on the petition; and the general powers and duties of a guardian;
Page 49, Line 11(b) Determine the respondent's views about the
Page 49, Line 12appointment sought by the petitioner, including views about a
Page 49, Line 13proposed guardian, the guardian's proposed powers and duties, and the scope and duration of the proposed guardianship;
Page 49, Line 14(c) Inform the respondent of the respondent's right to
Page 49, Line 15employ and consult with an attorney at the respondent's
Page 49, Line 16expense and the right to request a court-appointed attorney; and
Page 49, Line 17(d) Inform the respondent that all costs and expenses of
Page 49, Line 18the proceeding, including respondent's attorney fees, may be paid from the respondent's assets.
Page 49, Line 19(3) The visitor appointed pursuant to subsection (1) of this section shall:
Page 49, Line 20(a) Interview the petitioner and proposed guardian, if any;
Page 50, Line 1(b) Visit the respondent's present dwelling and any
Page 50, Line 2dwelling in which it is reasonably believed the respondent will live if the appointment is made;
Page 50, Line 3(c) Obtain information from any physician or other person
Page 50, Line 4known to have treated, advised, or assessed the respondent's relevant physical or mental condition; and
Page 50, Line 5(d) Investigate the allegations in the petition and any other matter relating to the petition the court directs.
Page 50, Line 6(4) A visitor appointed pursuant to subsection (1) of this
Page 50, Line 7section promptly shall file a report in a record with the court, which must include:
Page 50, Line 8(a) A recommendation whether an attorney should be
Page 50, Line 9appointed to represent the respondent if an attorney has not already been appointed pursuant to section 15-14.7-305;
Page 50, Line 10(b) A summary of self-care and independent-living tasks
Page 50, Line 11the respondent can manage without assistance or with existing
Page 50, Line 12supports; could manage with the assistance of appropriate
Page 50, Line 13supportive services, technological assistance, or supported decision-making; and cannot manage;
Page 50, Line 14(c) A recommendation regarding the appropriateness of
Page 50, Line 15guardianship, including whether a protective arrangement
Page 50, Line 16instead of guardianship or other less restrictive alternative for meeting the respondent's needs is available, and:
Page 50, Line 17(I) If a guardianship is recommended, whether it should be full or limited; and
Page 50, Line 18(II) If a limited guardianship is recommended, the powers
Page 50, Line 19to be granted to the guardian;
Page 51, Line 1(d) A statement of the qualifications of the proposed
Page 51, Line 2guardian and whether the respondent approves or disapproves of the proposed guardian;
Page 51, Line 3(e) A statement whether the proposed dwelling meets the
Page 51, Line 4respondent's needs and whether the respondent has expressed a preference as to residence;
Page 51, Line 5(f) A recommendation whether a professional evaluation pursuant to section 15-14.7-306 is necessary;
Page 51, Line 6(g) A statement whether the respondent is able to attend a hearing at the location court proceedings typically are held;
Page 51, Line 7(h) A statement whether the respondent is able to
Page 51, Line 8participate in a hearing and which identifies any technology or
Page 51, Line 9other form of support that would enhance the respondent's ability to participate; and
Page 51, Line 10(i) Any other matter the court directs.
Page 51, Line 1115-14.7-305. Appointment and role of attorney for adult.
Page 51, Line 12(1) The court shall appoint an attorney to represent the
Page 51, Line 13respondent in a proceeding for appointment of a guardian for an adult if:
Page 51, Line 14(a) The respondent requests an appointment;
(b) The visitor recommends an appointment; or
Page 51, Line 15(c) The court determines the respondent needs representation.
Page 51, Line 16(2) An attorney representing the respondent in a proceeding for appointment of a guardian for an adult shall:
Page 51, Line 17(a) Make reasonable efforts to ascertain the respondent's
Page 51, Line 18wishes;
Page 52, Line 1(b) Advocate for the respondent's wishes to the extent reasonably ascertainable; and
Page 52, Line 2(c) If the respondent's wishes are not reasonably
Page 52, Line 3ascertainable, advocate for the result that is the least
Page 52, Line 4restrictive in type, duration, and scope, consistent with the respondent's interests.
Page 52, Line 515-14.7-306. Professional evaluation. (1) At or before a
Page 52, Line 6hearing on a petition for a guardianship for an adult, the court shall order a professional evaluation of the respondent:
Page 52, Line 7(a) If the respondent requests the evaluation; or
Page 52, Line 8(b) If the court finds that additional information may
Page 52, Line 9assist the court in determining the respondent's needs and abilities.
Page 52, Line 10(2) If the court orders an evaluation pursuant to
Page 52, Line 11subsection (1) of this section, the respondent must be examined
Page 52, Line 12by a licensed physician, psychologist, social worker, or other
Page 52, Line 13individual appointed by the court who is qualified to evaluate
Page 52, Line 14the respondent's alleged cognitive and functional abilities and
Page 52, Line 15limitations and will not be advantaged or disadvantaged by a
Page 52, Line 16decision to grant the petition or otherwise have a conflict of
Page 52, Line 17interest. The individual conducting the evaluation promptly
Page 52, Line 18shall file report in a record with the court. Unless otherwise directed by the court, the report must contain:
Page 52, Line 19(a) A description of the nature, type, and extent of the respondent's cognitive and functional abilities and limitations;
Page 52, Line 20(b) An evaluation of the respondent's mental and physical
Page 52, Line 21condition and, if appropriate, educational potential, adaptive behavior, and social skills;
Page 53, Line 1(c) A prognosis for improvement and recommendation for the appropriate treatment, support, or habilitation plan; and
Page 53, Line 2(d) The date of the examination on which the report is based.
Page 53, Line 3(3) The respondent may decline to participate in an evaluation ordered pursuant to subsection (1) of this section.
Page 53, Line 415-14.7-307. Attendance and rights at hearing. (1) Except as
Page 53, Line 5otherwise provided in subsection (2) of this section, a hearing
Page 53, Line 6pursuant to section 15-14.7-303 may not proceed unless the
Page 53, Line 7respondent attends the hearing. If it is not reasonably feasible
Page 53, Line 8for the respondent to attend a hearing at the location court
Page 53, Line 9proceedings typically are held, the court shall hold a hearing
Page 53, Line 10using real-time audio-visual technology or, at the court's
Page 53, Line 11discretion, hold the hearing at an alternative location where
Page 53, Line 12the respondent can attend using real-time audio-visual technology.
Page 53, Line 13(2) A hearing pursuant to section 15-14.7-303 may proceed
Page 53, Line 14without the respondent in attendance if the court finds by clear and convincing evidence that:
Page 53, Line 15(a) The respondent has refused to attend the hearing
Page 53, Line 16after having been fully informed of the right to attend and the potential consequences of failing to do so; or
Page 53, Line 17(b) There is no practicable way for the respondent to
Page 53, Line 18attend and participate in the hearing even with appropriate supportive services and technological assistance.
Page 53, Line 19(3) The respondent may be assisted in a hearing pursuant
Page 54, Line 1to section 15-14.7-303 by a person or persons of the respondent's
Page 54, Line 2choosing, assistive technology, or an interpreter or translator,
Page 54, Line 3or a combination of these supports. If assistance would
Page 54, Line 4facilitate the respondent's participation in the hearing but is not
Page 54, Line 5otherwise available to the respondent, the court shall make reasonable efforts to provide it.
Page 54, Line 6(4) The respondent has a right to choose an attorney to
Page 54, Line 7represent the respondent at a hearing pursuant to section 15-14.7-303.
Page 54, Line 8(5) At a hearing held pursuant to section 15-14.7.5-303, the respondent may:
Page 54, Line 9(a) Present evidence and subpoena witnesses and documents;
Page 54, Line 10(b) Examine witnesses, including any court-appointed evaluator and the visitor; and
Page 54, Line 11(c) Otherwise participate in the hearing.
Page 54, Line 12(6) Unless excused by the court for good cause, a
Page 54, Line 13proposed guardian shall attend a hearing held pursuant to section 15-14.7-303.
Page 54, Line 14(7) A hearing held pursuant to section 15-14.7-303 must be closed on request of the respondent or a showing of good cause.
Page 54, Line 15(8) Any person may request to participate in a hearing
Page 54, Line 16held pursuant to section 15-14.7-303. The court may grant the
Page 54, Line 17request, with or without a hearing, on determining that the best
Page 54, Line 18interest of the respondent will be served. The court shall
Page 54, Line 19consider the preferences and opinions of the respondent prior to
Page 54, Line 20granting a request to participate in the hearing. The court may impose appropriate conditions on the person's participation.
Page 55, Line 115-14.7-308. Confidentiality of records.The court shall
Page 55, Line 2comply with the administrative rules promulgated by the
Page 55, Line 3judicial department concerning the confidentiality of court records.
Page 55, Line 415-14.7-309. Who may be guardian for adult - order of
Page 55, Line 5priority. (1) Except as otherwise provided in subsection (3) of this
Page 55, Line 6section, the court, in appointing a guardian for an adult, shall
Page 55, Line 7consider persons qualified to be a guardian in the following order of priority:
Page 55, Line 8(a) A guardian, other than a temporary or emergency
Page 55, Line 9guardian, currently acting for the respondent in another jurisdiction;
Page 55, Line 10(b) A person nominated as guardian by the respondent,
Page 55, Line 11including the respondent's most recent nomination made in a power of attorney;
Page 55, Line 12(c) An agent appointed by the respondent under a power of attorney for health care;
Page 55, Line 13(d) A spouse or domestic partner of the respondent; and
Page 55, Line 14(e) A family member or other individual who has shown special care and concern for the respondent.
Page 55, Line 15(2) If two or more persons have equal priority pursuant to
Page 55, Line 16subsection (1) of this section, the court shall select as guardian
Page 55, Line 17the person the court considers best qualified. In determining the
Page 55, Line 18best qualified person, the court shall consider the person's
Page 55, Line 19relationship with the respondent, the person's skills, the
Page 55, Line 20expressed wishes of the respondent, the extent to which the
Page 56, Line 1person and the respondent have similar values and preferences,
Page 56, Line 2and the likelihood the person will be able to perform the duties of a guardian successfully.
Page 56, Line 3(3) The court, acting in the best interest of the
Page 56, Line 4respondent, may decline to appoint as guardian a person having
Page 56, Line 5priority pursuant to subsection (1) of this section and appoint a person having a lower priority or no priority.
Page 56, Line 6(4) Unless the person has priority to serve pursuant to
Page 56, Line 7subsection (1) of this section, a person who provides paid services
Page 56, Line 8to the respondent, or an individual who is employed by a person
Page 56, Line 9who provides paid services to the respondent or is the spouse,
Page 56, Line 10domestic partner, parent, or child of an individual who provides
Page 56, Line 11or is employed to provide paid services to the respondent, may not be appointed as guardian unless:
Page 56, Line 12(a) The individual is related to the respondent by blood, marriage, or adoption; or
Page 56, Line 13(b) The court finds by clear and convincing evidence that
Page 56, Line 14the person is the best qualified person available for appointment and the appointment is in the best interest of the respondent.
Page 56, Line 15(5) An owner, operator, or employee of a long-term care
Page 56, Line 16facility at which the respondent is receiving care may not be
Page 56, Line 17appointed as guardian unless the owner, operator, or employee is related to the respondent by blood, marriage, or adoption.
Page 56, Line 1815-14.7-310. Order of appointment for guardian. (1) A court order appointing a guardian for an adult must:
Page 56, Line 19(a) Include a specific finding that clear and convincing
Page 56, Line 20evidence established that the identified needs of the respondent
Page 57, Line 1cannot be met by a protective arrangement instead of
Page 57, Line 2guardianship or other less restrictive alternative, including
Page 57, Line 3use of appropriate supportive services, technological assistance, or supported decision-making;
Page 57, Line 4(b) Include a specific finding that clear and convincing
Page 57, Line 5evidence established the respondent was given proper notice of the hearing on the petition;
Page 57, Line 6(c) State whether the adult subject to guardianship
Page 57, Line 7retains the right to vote and, if the adult does not retain the
Page 57, Line 8right to vote, include findings that support removing that right,
Page 57, Line 9which must include a finding that the adult cannot
Page 57, Line 10communicate, with or without support, a specific desire to participate in the voting process; and
Page 57, Line 11(d) State whether the adult subject to guardianship
Page 57, Line 12retains the right to marry and, if the adult does not retain the
Page 57, Line 13right to marry, include findings that support removing that right.
Page 57, Line 14(2) An adult subject to guardianship retains the right to
Page 57, Line 15vote unless the order described in subsection (1) of this section
Page 57, Line 16includes the statement required by subsection (1)(c) of this
Page 57, Line 17section. An adult subject to guardianship retains the right to
Page 57, Line 18marry unless the order described in subsection (1) of this section
Page 57, Line 19includes the findings required by subsection (1)(d) of this section.
Page 57, Line 20(3) A court order establishing a full guardianship for an
Page 57, Line 21adult must state the basis for granting a full guardianship and
Page 57, Line 22include specific findings that support the conclusion that a
Page 58, Line 1limited guardianship would not meet the functional needs of the adult subject to guardianship.
Page 58, Line 2(4) A court order establishing a limited guardianship for an adult must state the specific powers granted to the guardian.
Page 58, Line 3(5) The court, as part of an order establishing a
Page 58, Line 4guardianship for an adult, shall identify any person that subsequently is entitled to:
Page 58, Line 5(a) Notice of the rights of the adult pursuant to section 15-14.7-311 (2);
Page 58, Line 6(b) Notice of a change in the primary dwelling of the adult;
Page 58, Line 7(c) Notice that the guardian has delegated:
(I) The power to manage the care of the adult;
Page 58, Line 8(II) The power to make decisions about where the adult lives;
Page 58, Line 9(III) The power to make major medical decisions on behalf of the adult;
Page 58, Line 10(IV) The power that requires court approval pursuant to section 15-14.7-315; or
Page 58, Line 11(V) Substantially all powers of the guardian;
Page 58, Line 12(d) Notice that the guardian will be unavailable to visit
Page 58, Line 13the adult for more than two months or unavailable to perform the guardian's duties for more than one month;
Page 58, Line 14(e) A copy of the guardian's plan described in section
Page 58, Line 1515-14.7-316 and the guardian's report described in section 15-14.7-317;
Page 58, Line 16(f) Access to court records relating to the guardianship;
Page 59, Line 1(g) Notice of the death or significant change in the condition of the adult;
Page 59, Line 2(h) Notice that the court has limited or modified the powers of the guardian; and
Page 59, Line 3(i) Notice of the removal of the guardian.
Page 59, Line 4(6) A spouse, domestic partner, and adult children of an
Page 59, Line 5adult subject to guardianship are entitled to notice pursuant to
Page 59, Line 6subsection (5) of this section unless the court determines notice
Page 59, Line 7would be contrary to the preferences or prior directions of the
Page 59, Line 8adult subject to guardianship or not in the best interest of the adult.
Page 59, Line 915-14.7-311. Notice of order of appointment - rights. (1) A
Page 59, Line 10guardian appointed pursuant to section 15-14.7-309 shall give
Page 59, Line 11the adult subject to guardianship and all other persons given
Page 59, Line 12notice pursuant to section 15-14.7-303 a copy of the order of
Page 59, Line 13appointment, together with notice of the right to request
Page 59, Line 14termination or modification. The order and notice must be given not later than fourteen days after the appointment.
Page 59, Line 15(2) Not later than thirty days after appointment of a
Page 59, Line 16guardian pursuant to section 15-14.7-309, the court shall give to
Page 59, Line 17the adult subject to guardianship, the guardian, and any other
Page 59, Line 18person entitled to notice pursuant to section 15-14.7-310 (5) or
Page 59, Line 19a subsequent order a statement of the rights of the adult
Page 59, Line 20subject to guardianship and procedures to seek relief if the
Page 59, Line 21adult is denied those rights. The statement must be in at least
Page 59, Line 22sixteen-point font, in plain language, and, to the extent feasible,
Page 59, Line 23in a language in which the adult subject to guardianship is
Page 60, Line 1proficient. The statement must notify the adult subject to guardianship of the right to:
Page 60, Line 2(a) Seek termination or modification of the guardianship,
Page 60, Line 3or removal of the guardian, and choose an attorney to represent the adult in these matters;
Page 60, Line 4(b) Be involved in decisions affecting the adult, including
Page 60, Line 5decisions about the adult's care, dwelling, activities, or social interactions, to the extent reasonably feasible;
Page 60, Line 6(c) Be involved in health-care decision-making to the
Page 60, Line 7extent reasonably feasible and supported in understanding the
Page 60, Line 8risks and benefits of health-care options to the extent reasonably feasible;
Page 60, Line 9(d) Be notified at least fourteen days before a change in
Page 60, Line 10the adult's primary dwelling or permanent move to a nursing
Page 60, Line 11home, mental health institution, or other facility that places
Page 60, Line 12restrictions on the individual's ability to leave or have visitors,
Page 60, Line 13unless the change or move is proposed in the guardian's plan
Page 60, Line 14pursuant to section 15-14.7-316 or authorized by the court by specific order;
Page 60, Line 15(e) Object to a change or move described in subsection (2)(d) of this section and the process for objecting;
Page 60, Line 16(f) Communicate, visit, or interact with others, including
Page 60, Line 17receiving visitors and making or receiving telephone calls,
Page 60, Line 18personal mail, or electronic communications, including through social media, unless:
Page 60, Line 19(I) The guardian has been authorized by the court by
Page 60, Line 20specific order to restrict communications, visits, or interactions;
Page 61, Line 1(II) Protective order or protective arrangement instead
Page 61, Line 2of guardianship is in effect that limits contact between the adult and a person; or
Page 61, Line 3(III) The guardian has good cause to believe restriction is
Page 61, Line 4necessary because interaction with a specified person poses a
Page 61, Line 5risk of significant physical, psychological, or financial harm to the adult, and the restriction is:
Page 61, Line 6(A) For a period of not more than seven business days if
Page 61, Line 7the person has a family or pre-existing social relationship with the adult; or
Page 61, Line 8(B) For a period of not more than sixty days if the person
Page 61, Line 9does not have a family or pre-existing social relationship with the adult;
Page 61, Line 10(g) Receive a copy of the guardian's plan described in
Page 61, Line 11section 15-14.7-316 and the guardian's report described in section 15-14.7-317; and
Page 61, Line 12(h) Object to the guardian's plan or report.
Page 61, Line 1315-14.7-312. Emergency guardian for adult. (1) On its own
Page 61, Line 14after a petition has been filed pursuant to section 15-14.7-302, or
Page 61, Line 15on petition by a person interested in an adult's welfare, the
Page 61, Line 16court may appoint an emergency guardian for the adult if the court finds:
Page 61, Line 17(a) Appointment of an emergency guardian is likely to
Page 61, Line 18prevent substantial harm to the adult's health, safety, or welfare;
Page 61, Line 19(b) No other person appears to have authority and willingness to act in the circumstances; and
Page 62, Line 1(c) There is reason to believe that a basis for appointment of a guardian pursuant to section 15-14.7-301 exists.
Page 62, Line 2(2) The duration of authority of an emergency guardian
Page 62, Line 3for an adult may not exceed sixty days, and the emergency
Page 62, Line 4guardian may exercise only the powers specified in the order of
Page 62, Line 5appointment. The emergency guardian's authority may be
Page 62, Line 6extended once for not more than sixty days if the court finds
Page 62, Line 7that the conditions for appointment of an emergency guardian described in subsection (1) of this section continue.
Page 62, Line 8(3) Immediately on filing of a petition for appointment of
Page 62, Line 9an emergency guardian for an adult, the court shall appoint an
Page 62, Line 10attorney to represent the respondent in the proceeding. Except
Page 62, Line 11as otherwise provided in subsection (4) of this section,
Page 62, Line 12reasonable notice of the date, time, and place of a hearing on
Page 62, Line 13the petition must be given to the respondent, the respondent's attorney, and any other person the court determines.
Page 62, Line 14(4) The court may appoint an emergency guardian for an
Page 62, Line 15adult without notice to the adult and any attorney for the
Page 62, Line 16adult only if the court finds from an affidavit or testimony
Page 62, Line 17that the respondent's health, safety, or welfare may be
Page 62, Line 18substantially harmed before a hearing with notice on the
Page 62, Line 19appointment can be held. If the court appoints an emergency
Page 62, Line 20guardian without reasonable notice to the respondent or the
Page 62, Line 21respondent's attorney and the respondent is not present at the hearing, the court must:
Page 62, Line 22(a) Personally serve notice of the appointment not later than forty-eight hours after the appointment to:
Page 63, Line 1(I) The respondent;
(II) The respondent's attorney; and
Page 63, Line 2(III) Any other person the court determines; and
Page 63, Line 3(b) Hold a hearing on the appropriateness of the
Page 63, Line 4appointment not later than seven days after the appointment
Page 63, Line 5upon the request of the respondent, the respondent's attorney,
Page 63, Line 6a member of the respondent's supportive community, or a person
Page 63, Line 7interested in the welfare of an individual subject to guardianship or conservatorship.
Page 63, Line 8(5) Appointment of an emergency guardian pursuant to
Page 63, Line 9this section is not a determination that a basis exists for appointment of a guardian pursuant to section 15-14.7-301.
Page 63, Line 10(6) The court may terminate the appointment of an
Page 63, Line 11emergency guardian appointed pursuant to this section at any
Page 63, Line 12time. The emergency guardian shall make any report the court requires.
Page 63, Line 1315-14.7-313. Duties of guardian for adult. (1) A guardian for
Page 63, Line 14an adult is a fiduciary. Except as otherwise limited by the court,
Page 63, Line 15a guardian for an adult shall make decisions regarding the
Page 63, Line 16support, care, education, health, and welfare of the adult
Page 63, Line 17subject to guardianship to the extent necessitated by the adult's limitations.
Page 63, Line 18(2) A guardian for an adult shall promote the
Page 63, Line 19self-determination of the adult and, to the extent reasonably
Page 63, Line 20feasible, encourage the adult to participate in decisions, act on
Page 63, Line 21the adult's own behalf, and develop or regain the capacity to
Page 64, Line 1manage the adult's personal affairs. In furtherance of this duty, the guardian shall:
Page 64, Line 2(a) Become or remain personally acquainted with the
Page 64, Line 3adult and maintain sufficient contact with the adult, including
Page 64, Line 4through regular visitation, to know the adult's abilities,
Page 64, Line 5limitations, needs, opportunities, and physical and mental health;
Page 64, Line 6(b) To the extent reasonably feasible, identify the values
Page 64, Line 7and preferences of the adult and involve the adult in decisions
Page 64, Line 8affecting the adult, including decisions about the adult's care, dwelling, activities, or social interactions; and
Page 64, Line 9(c) Make reasonable efforts to identify and facilitate supportive relationships and services for the adult.
Page 64, Line 10(3) A guardian for an adult at all times shall exercise
Page 64, Line 11reasonable care, diligence, and prudence when acting on behalf
Page 64, Line 12of or making decisions for the adult. In furtherance of this duty, the guardian shall:
Page 64, Line 13(a) Take reasonable care of the personal effects, pets, and
Page 64, Line 14service or support animals of the adult and bring a proceeding
Page 64, Line 15for a conservatorship or protective arrangement instead of conservatorship if necessary to protect the adult's property;
Page 64, Line 16(b) Expend funds and other property of the adult received
Page 64, Line 17by the guardian for the adult's current needs for support, care, education, health, and welfare;
Page 64, Line 18(c) Conserve any funds and other property of the adult
Page 64, Line 19not expended pursuant to subsection (3)(b) of this section for the
Page 64, Line 20adult's future needs, but if a conservator has been appointed for
Page 65, Line 1the adult, pay the funds and other property at least quarterly
Page 65, Line 2to the conservator to be conserved for the adult's future needs; and
Page 65, Line 3(d) Monitor the quality of services, including long-term care services, provided to the adult.
Page 65, Line 4(4) In making a decision for an adult subject to
Page 65, Line 5guardianship, the guardian shall make the decision the guardian
Page 65, Line 6reasonably believes the adult would make if the adult were
Page 65, Line 7able, unless doing so would unreasonably harm or endanger the
Page 65, Line 8welfare or personal or financial interests of the adult. To
Page 65, Line 9determine the decision the adult subject to guardianship would
Page 65, Line 10make if able, the guardian shall consider the adult's previous or
Page 65, Line 11current directions, preferences, opinions, values, and actions, to
Page 65, Line 12the extent actually known or reasonably ascertainable by the guardian.
Page 65, Line 13(5) If a guardian for an adult cannot make a decision
Page 65, Line 14pursuant to subsection (4) of this section because the guardian
Page 65, Line 15does not know and cannot reasonably determine the decision
Page 65, Line 16the adult probably would make if able, or the guardian
Page 65, Line 17reasonably believes the decision the adult would make would
Page 65, Line 18unreasonably harm or endanger the welfare or personal or
Page 65, Line 19financial interests of the adult, the guardian shall act in
Page 65, Line 20accordance with the best interest of the adult. In determining the best interest of the adult, the guardian shall consider:
Page 65, Line 21(a) Information received from professionals and persons who demonstrate sufficient interest in the welfare of the adult;
Page 65, Line 22(b) Other information the guardian believes the adult would have considered if the adult were able to act; and
Page 66, Line 1(c) Other factors a reasonable person in the
Page 66, Line 2circumstances of the adult would consider, including consequences for others.
Page 66, Line 3(6) A guardian for an adult immediately shall notify the
Page 66, Line 4court if the condition of the adult has changed so that the adult is capable of exercising rights previously removed.
Page 66, Line 515-14.7-314. Powers of guardian for adult. (1) Except as limited by court order, a guardian for an adult may:
Page 66, Line 6(a) Apply for and receive funds and benefits for the
Page 66, Line 7support of the adult, unless a conservator is appointed for the
Page 66, Line 8adult and the application or receipt is within the powers of the conservator;
Page 66, Line 9(b) Unless inconsistent with a court order, establish the adult's place of dwelling;
Page 66, Line 10(c) Consent to health or other care, treatment, or service for the adult;
Page 66, Line 11(d) If a conservator for the adult has not been appointed,
Page 66, Line 12commence a proceeding, including an administrative proceeding,
Page 66, Line 13or take other appropriate action to compel another person to support the adult or pay funds for the adult's benefit;
Page 66, Line 14(e) To the extent reasonable, delegate to the adult
Page 66, Line 15responsibility for a decision affecting the adult's well-being; and
Page 66, Line 16(f) Receive personally identifiable health-care information regarding the adult.
Page 66, Line 17(2) The court by specific order may authorize a guardian for an adult to consent to the adoption of the adult.
Page 67, Line 1(3) The court by specific order may authorize a guardian for an adult to:
Page 67, Line 2(a) Consent or withhold consent to the marriage of the
Page 67, Line 3adult if the adult's right to marry has been removed pursuant to section 15-14.7-310;
Page 67, Line 4(b) Petition for divorce, dissolution, or annulment of
Page 67, Line 5marriage of the adult or a declaration of invalidity of the adult's marriage; or
Page 67, Line 6(c) Support or oppose a petition for divorce, dissolution,
Page 67, Line 7or annulment of marriage of the adult or a declaration of invalidity of the adult's marriage.
Page 67, Line 8(4) In determining whether to authorize a power pursuant
Page 67, Line 9to subsection (2) or (3) of this section, the court shall consider
Page 67, Line 10whether the underlying act would be in accordance with the
Page 67, Line 11adult's preferences, values, and prior or current directions and
Page 67, Line 12whether the underlying act would be in the adult's best interest.
Page 67, Line 13(5) In exercising a guardian's power pursuant to
Page 67, Line 14subsection (1)(b) of this section to establish the adult's place of dwelling, the guardian shall:
Page 67, Line 15(a) Select a residential setting the guardian believes the
Page 67, Line 16adult would select if the adult were able, in accordance with
Page 67, Line 17the decision-making standard described in section 15-14.7-313. If
Page 67, Line 18the guardian does not know and cannot reasonably determine
Page 67, Line 19what setting the adult subject to guardianship probably would
Page 67, Line 20choose if able, or the guardian reasonably believes the decision
Page 68, Line 1the adult would make would unreasonably harm or endanger
Page 68, Line 2the welfare or personal or financial interests of the adult, the
Page 68, Line 3guardian shall choose in accordance with section 15-14.7-313 a
Page 68, Line 4residential setting that is consistent with the adult's best interest.
Page 68, Line 5(b) In selecting among residential settings, give priority
Page 68, Line 6to a residential setting in a location that will allow the adult
Page 68, Line 7to interact with persons important to the adult and meet the adult's needs 15-14.7-313;
Page 68, Line 8(c) Not later than thirty days after a change in the dwelling of the adult:
Page 68, Line 9(I) Give notice, pursuant to section 15-10-401, of the
Page 68, Line 10change to the court, the adult, and any person identified as
Page 68, Line 11entitled to the notice in the court order appointing the guardian or a subsequent order; and
Page 68, Line 12(II) Include in the notice the address and nature of the
Page 68, Line 13new dwelling and state whether the adult received advance
Page 68, Line 14notice of the change and whether the adult objected to the change;
Page 68, Line 15(d) Establish or move the permanent place of dwelling of
Page 68, Line 16the adult to a nursing home, mental health institution, or other
Page 68, Line 17facility that places restrictions on the adult's ability to leave or have visitors only if:
Page 68, Line 18(I) The establishment or move is in the guardian's plan described in section 15-14.7-316;
Page 68, Line 19(II) The court authorizes the establishment or move; or
Page 68, Line 20(III) The guardian gives notice of the establishment or
Page 69, Line 1move at least fourteen days before the establishment or move
Page 69, Line 2to the adult and all persons entitled to notice pursuant to
Page 69, Line 3section 15-14.7-310 (5)(b) or a subsequent order, and no objection is filed; and
Page 69, Line 4(e) Establish or move the place of dwelling of the adult
Page 69, Line 5outside this state only if consistent with the guardian's plan and authorized by the court by specific order.
Page 69, Line 6(6) In exercising a guardian's power pursuant to
Page 69, Line 7subsection (1)(c) of this section to make health-care decisions, the guardian shall:
Page 69, Line 8(a) Involve the adult in decision-making to the extent
Page 69, Line 9reasonably feasible, including, when practicable, by
Page 69, Line 10encouraging and supporting the adult in understanding the risks and benefits of health-care options;
Page 69, Line 11(b) Defer to a decision by an agent acting under a power
Page 69, Line 12of attorney for health care executed by the adult and
Page 69, Line 13cooperate to the extent feasible with the agent making the decision; and
Page 69, Line 14(c) Take into account:
(I) The risks and benefits of treatment options; and
Page 69, Line 15(II) The current and previous wishes and values of the adult, if known or reasonably ascertainable by the guardian.
Page 69, Line 1615-14.7-315. Special limitations on guardian's power.
Page 69, Line 17(1) Unless authorized by the court by specific order, a guardian
Page 69, Line 18for an adult does not have the power to revoke or amend a
Page 69, Line 19power of attorney for health care or power of attorney for
Page 69, Line 20finances executed by the adult prior to the appointment of the
Page 70, Line 1guardian. If a power of attorney for health care is in effect,
Page 70, Line 2unless there is a court order to the contrary, a health-care
Page 70, Line 3decision of an agent takes precedence over that of the guardian
Page 70, Line 4and the guardian shall cooperate with the agent to the extent
Page 70, Line 5feasible. If a power of attorney for finances is in effect, unless
Page 70, Line 6there is a court order to the contrary, a decision by the agent
Page 70, Line 7which the agent is authorized to make under the power of
Page 70, Line 8attorney for finances takes precedence over that of the
Page 70, Line 9guardian and the guardian shall cooperate with the agent to the extent feasible.
Page 70, Line 10(2) A guardian for an adult may not initiate the
Page 70, Line 11commitment of the adult to a mental health institution except
Page 70, Line 12in accordance with the state's procedure for civil commitment pursuant to section 27-65-106.
Page 70, Line 13(3) A guardian for an adult may not restrict the ability
Page 70, Line 14of the adult to communicate, visit, or interact with others,
Page 70, Line 15including receiving visitors and making or receiving telephone
Page 70, Line 16calls, personal mail, or electronic communications, including
Page 70, Line 17through social media, or participating in social activities, unless:
Page 70, Line 18(a) Authorized by the court by specific order;
Page 70, Line 19(b) A protective order or a protective arrangement
Page 70, Line 20instead of guardianship is in effect that limits contact between the adult and a person; or
Page 70, Line 21(c) The guardian has good cause to believe restriction is
Page 70, Line 22necessary because interaction with a specified person poses a
Page 70, Line 23risk of substantial physical, psychological, or financial harm to the adult and the restriction is:
Page 71, Line 1(I) For a period of not more than seven business days if the
Page 71, Line 2person has a family or pre-existing social relationship with the adult; or
Page 71, Line 3(II) For a period of not more than sixty days if the person
Page 71, Line 4does not have a family or pre-existing social relationship with the adult.
Page 71, Line 5(4) A guardian for an adult may not take any action that
Page 71, Line 6would result in the sale or surrender of the lease to the adult's primary dwelling without prior approval from the court.
Page 71, Line 715-14.7-316. Guardian's plan. (1) A guardian for an adult,
Page 71, Line 8not later than sixty days after appointment and when there is
Page 71, Line 9a significant change in circumstances, or the guardian seeks to
Page 71, Line 10deviate significantly from the guardian's plan, shall file with
Page 71, Line 11the court a plan for the care of the adult, together with the
Page 71, Line 12guardian's report as required pursuant to section 15-14.7-317.
Page 71, Line 13The plan must be based on the needs of the adult and take into
Page 71, Line 14account the best interest of the adult as well as the adult's
Page 71, Line 15preferences, values, and prior directions, to the extent known
Page 71, Line 16to or reasonably ascertainable by the guardian. The guardian shall include in the plan:
Page 71, Line 17(a) The living arrangement, services, and supports the
Page 71, Line 18guardian expects to arrange, facilitate, or continue for the adult;
Page 71, Line 19(b) Social and educational activities the guardian expects to facilitate on behalf of the adult;
Page 71, Line 20(c) Any person with whom the adult has a close personal
Page 72, Line 1relationship or relationship involving regular visitation and any plan the guardian has for facilitating visits with the person;
Page 72, Line 2(d) The anticipated nature and frequency of the guardian's visits and communication with the adult;
Page 72, Line 3(e) Goals for the adult, including any goal related to the
Page 72, Line 4restoration of the adult's rights, and how the guardian anticipates achieving the goals;
Page 72, Line 5(f) Whether the adult has an existing plan and, if so,
Page 72, Line 6whether the guardian's plan is consistent with the adult's plan; and
Page 72, Line 7(g) A statement or list of the amount the guardian
Page 72, Line 8proposes to charge for each service the guardian anticipates providing to the adult.
Page 72, Line 9(2) A guardian shall give notice, pursuant to section
Page 72, Line 1015-10-401, of the filing of the guardian's plan pursuant to
Page 72, Line 11subsection (1) of this section, together with a copy of the plan,
Page 72, Line 12to the adult subject to guardianship, a person entitled to notice
Page 72, Line 13pursuant to section 15-14.7-310 or a subsequent order, and any
Page 72, Line 14other person the court determines. The notice must include a
Page 72, Line 15statement of the right to object to the plan and be given not later than fourteen days after the filing.
Page 72, Line 16(3) An adult subject to guardianship and any person
Page 72, Line 17entitled pursuant to subsection (2) of this section to receive notice and a copy of the guardian's plan may object to the plan.
Page 72, Line 18(4) The court shall review the guardian's plan filed
Page 72, Line 19pursuant to subsection (1) of this section and determine whether
Page 72, Line 20to approve the plan or require a new plan. In deciding whether
Page 73, Line 1to approve the plan, the court shall consider an objection
Page 73, Line 2pursuant to subsection (3) of this section and whether the plan
Page 73, Line 3is consistent with the guardian's duties and powers pursuant to
Page 73, Line 4sections 15-14.7-313 and 15-14.7-314. The court may not approve the plan until thirty days after its filing.
Page 73, Line 5(5) After the guardian's plan filed pursuant to this
Page 73, Line 6section is approved by the court, the guardian shall provide a
Page 73, Line 7copy of the plan to the adult subject to guardianship, a person
Page 73, Line 8entitled to notice pursuant to section 15-14.7-310 or a subsequent order, and any other person the court determines.
Page 73, Line 915-14.7-317. Guardian's report - monitoring of guardianship.
Page 73, Line 10(1) A guardian for an adult, not later than sixty days after
Page 73, Line 11appointment and at least annually thereafter, shall file with
Page 73, Line 12the court a report in a record regarding the condition of the
Page 73, Line 13adult and accounting for funds and other property in the
Page 73, Line 14guardian's possession or subject to the guardian's control,
Page 73, Line 15together with the guardian's plan as required pursuant to section 15-14.7-316.
Page 73, Line 16(2) A report pursuant to subsection (1) of this section must state or contain:
Page 73, Line 17(a) The mental, physical, and social condition of the adult;
Page 73, Line 18(b) The living arrangements of the adult during the reporting period;
Page 73, Line 19(c) A summary of the supported decision-making,
Page 73, Line 20technological assistance, medical services, educational and
Page 73, Line 21vocational services, and other supports and services provided
Page 74, Line 1to the adult and the guardian's opinion as to the adequacy of the adult's care;
Page 74, Line 2(d) A summary of the guardian's visits with the adult, including the dates of the visits;
Page 74, Line 3(e) Action taken on behalf of the adult;
Page 74, Line 4(f) The extent to which the adult has participated in decision-making;
Page 74, Line 5(g) If the adult is living in a mental health institution or
Page 74, Line 6living in a facility that provides the adult with health-care or
Page 74, Line 7other personal services, whether the guardian considers the
Page 74, Line 8facility's current plan for support, care, treatment, or
Page 74, Line 9habilitation consistent with the adult's preferences, values, prior directions, and best interest;
Page 74, Line 10(h) Anything of more than de minimis value which the
Page 74, Line 11guardian, any individual who resides with the guardian, or the
Page 74, Line 12spouse, domestic partner, parent, child, or sibling of the
Page 74, Line 13guardian has received from an individual providing goods or services to the adult;
Page 74, Line 14(i) If the guardian delegated a power to an agent, the power delegated and the reason for the delegation;
Page 74, Line 15(j) Any business relation the guardian has with a person
Page 74, Line 16the guardian has paid or who has benefitted from the property of the adult;
Page 74, Line 17(k) A copy of the guardian's most recently approved plan
Page 74, Line 18described in section 15-14.7-316 and a statement whether the
Page 74, Line 19guardian has deviated from the plan and, if so, how the guardian
Page 74, Line 20has deviated and why;
Page 75, Line 1(l) Plans for future care and support of the adult, if not
Page 75, Line 2otherwise provided in the guardian's most recently approved plan pursuant to section 15-14.7-316;
Page 75, Line 3(m) A recommendation as to the need for continued
Page 75, Line 4guardianship and any recommended change in the scope of the guardianship; and
Page 75, Line 5(n) Whether any co-guardian or successor guardian
Page 75, Line 6appointed to serve when a designated event occurs is alive and able to serve.
Page 75, Line 7(3) The court may appoint a visitor to review a report
Page 75, Line 8submitted pursuant to this section or a guardian's plan
Page 75, Line 9submitted pursuant to section 15-14.7-316, interview the
Page 75, Line 10guardian or adult subject to guardianship, or investigate any other matter involving the guardianship.
Page 75, Line 11(4) Notice of the filing pursuant to this section of a
Page 75, Line 12guardian's report, together with a copy of the report, must be
Page 75, Line 13given to the adult subject to guardianship, a person entitled to
Page 75, Line 14notice pursuant to section 15-14.7-310 or a subsequent order,
Page 75, Line 15and any other person the court determines. The notice and
Page 75, Line 16report must be given not later than fourteen days after the filing.
Page 75, Line 17(5) The court shall establish procedures for monitoring
Page 75, Line 18a report submitted pursuant to this section and review each report at least annually to determine whether:
Page 75, Line 19(a) The report provides sufficient information to establish the guardian has complied with the guardian's duties;
Page 75, Line 20(b) The guardianship should continue; and
Page 76, Line 1(c) The guardian's requested fees, if any, are reasonable pursuant to section 15-10-603.
Page 76, Line 2(6) If the court determines there is reason to believe a
Page 76, Line 3guardian for an adult has not complied with the guardian's
Page 76, Line 4duties or the guardianship should be modified or terminated, the court:
Page 76, Line 5(a) Shall notify the adult, the guardian, and any other
Page 76, Line 6person entitled to notice pursuant to section 15-14.7-310 or a subsequent order;
Page 76, Line 7(b) May require additional information from the guardian;
Page 76, Line 8(c) May appoint a visitor to interview the adult or
Page 76, Line 9guardian or investigate any matter involving the guardianship; and
Page 76, Line 10(d) Consistent with sections 15-14.7-318 and 15-14.7-319,
Page 76, Line 11may hold a hearing to consider removal of the guardian,
Page 76, Line 12termination of the guardianship, or a change in the powers granted to the guardian or terms of the guardianship.
Page 76, Line 13(7) If the court has reason to believe fees requested by a
Page 76, Line 14guardian for an adult are not reasonable, the court shall hold
Page 76, Line 15a hearing, pursuant to section 15-10-604, to determine whether to adjust the requested fees.
Page 76, Line 16(8) A guardian for an adult may petition the court for
Page 76, Line 17approval of a report filed pursuant to this section. The court,
Page 76, Line 18after review, may approve the report. If the court approves the
Page 76, Line 19report, there is a rebuttable presumption the report is accurate
Page 76, Line 20as to a matter adequately disclosed in the report.
Page 77, Line 115-14.7-318. Removal of guardian for adult - appointment of
Page 77, Line 2successor. (1) The court may remove a guardian for an adult for
Page 77, Line 3failure to perform the guardian's duties or for other good cause
Page 77, Line 4and appoint a successor guardian to assume the duties of a guardian as described in section 15-14.7-313.
Page 77, Line 5(2) The court shall hold a hearing to determine whether
Page 77, Line 6to remove a guardian for an adult and appoint a successor guardian on:
Page 77, Line 7(a) Petition of the adult, guardian, or person interested
Page 77, Line 8in the welfare of the adult, which contains allegations that, if
Page 77, Line 9true, would support a reasonable belief that removal of the
Page 77, Line 10guardian and appointment of a successor guardian may be
Page 77, Line 11appropriate, but the court may decline to hold a hearing if a
Page 77, Line 12petition based on the same or substantially similar facts was filed during the preceding six months;
Page 77, Line 13(b) Communication, pursuant to section 15-14.7-127, from
Page 77, Line 14the adult, guardian, or person interested in the welfare of the
Page 77, Line 15adult which supports a reasonable belief that removal of the
Page 77, Line 16guardian and appointment of a successor guardian may be appropriate; or
Page 77, Line 17(c) Determination by the court that a hearing would be in the best interest of the adult.
Page 77, Line 18(3) Notice of a hearing pursuant to subsection (2) of this
Page 77, Line 19section must be personally served on the adult subject to
Page 77, Line 20guardianship, and given pursuant to section 15-10-401 to the guardian, and any other person the court determines.
Page 77, Line 21(4) An adult subject to guardianship who seeks to remove
Page 78, Line 1the guardian and have a successor guardian appointed has the
Page 78, Line 2right to choose an attorney to represent the adult in this
Page 78, Line 3matter. If the adult is not represented by an attorney, the court
Page 78, Line 4shall appoint an attorney pursuant to the same conditions as in section 15-14.7-305.
Page 78, Line 5(5) In selecting a successor guardian for an adult, the
Page 78, Line 6court shall follow the priorities described in section 15-14.7-309.
Page 78, Line 7(6) Not later than thirty days after appointing a
Page 78, Line 8successor guardian, the court shall give notice, pursuant to
Page 78, Line 9section 15-10-401, of the appointment to the adult subject to
Page 78, Line 10guardianship and any person entitled to notice pursuant to section 15-14.7-310 (5) or a subsequent order.
Page 78, Line 1115-14.7-319. Termination or modification of guardianship for
Page 78, Line 12adult. (1) An adult subject to guardianship, the guardian for the
Page 78, Line 13adult, or a person interested in the welfare of the adult may petition for:
Page 78, Line 14(a) Termination of the guardianship on the grounds that
Page 78, Line 15a basis for appointment pursuant to section 15-14.7-301 does not
Page 78, Line 16exist or termination would be in the best interest of the adult or for other good cause; or
Page 78, Line 17(b) Modification of the guardianship on the grounds that
Page 78, Line 18the extent of protection or assistance granted is not appropriate or for other good cause.
Page 78, Line 19(2) The court shall hold a hearing to determine whether
Page 78, Line 20termination or modification of a guardianship for an adult is
Page 78, Line 21appropriate on:
Page 79, Line 1(a) Petition pursuant to subsection (1) of this section
Page 79, Line 2which contains allegations that, if true, would support a
Page 79, Line 3reasonable belief that termination or modification of the
Page 79, Line 4guardianship may be appropriate, but the court may decline to
Page 79, Line 5hold a hearing if a petition based on the same or substantially similar facts was filed during the preceding six months;
Page 79, Line 6(b) Communication, pursuant to section 15-14.7-127, from
Page 79, Line 7the adult, guardian, or person interested in the welfare of the
Page 79, Line 8adult which supports a reasonable belief that termination or
Page 79, Line 9modification of the guardianship may be appropriate, including
Page 79, Line 10because the functional needs of the adult or supports or services available to the adult have changed;
Page 79, Line 11(c) A report from a guardian or conservator which
Page 79, Line 12indicates that termination or modification may be appropriate
Page 79, Line 13because the functional needs of the adult or supports or
Page 79, Line 14services available to the adult have changed or a protective
Page 79, Line 15arrangement instead of guardianship or other less restrictive alternative for meeting the adult's needs is available; or
Page 79, Line 16(d) A determination by the court that a hearing would be in the best interest of the adult.
Page 79, Line 17(3) Notice of a petition pursuant to subsection (2)(a) of
Page 79, Line 18this section must be given to the adult subject to guardianship, the guardian, and any other person the court determines.
Page 79, Line 19(4) On presentation of prima facie evidence for
Page 79, Line 20termination of a guardianship for an adult, the court shall
Page 79, Line 21order termination unless it is proven that a basis for
Page 79, Line 22appointment of a guardian pursuant to section 15-14.7-301 exists.
Page 80, Line 1(5) The court shall modify the powers granted to a
Page 80, Line 2guardian for an adult if the powers are excessive or inadequate
Page 80, Line 3due to a change in the abilities or limitations of the adult, the adult's supports, or other circumstances.
Page 80, Line 4(6) Unless the court otherwise orders for good cause,
Page 80, Line 5before terminating or modifying a guardianship for an adult,
Page 80, Line 6the court shall follow the same procedures to safeguard the rights of the adult which apply to a petition for guardianship.
Page 80, Line 7(7) An adult subject to guardianship who seeks to
Page 80, Line 8terminate or modify the terms of the guardianship has the right
Page 80, Line 9to choose an attorney to represent the adult in the matter. If
Page 80, Line 10the adult is not represented by an attorney, the court shall
Page 80, Line 11appoint an attorney pursuant to the same conditions as set forth in section 15-14.7-305.
Page 80, Line 12(8) The following provisions apply in a contested termination proceeding:
Page 80, Line 13(a) The guardian may file a written report to the court
Page 80, Line 14regarding any matter relevant to the termination proceeding,
Page 80, Line 15and the guardian may file a motion for instructions regarding any relevant matter, including, but not limited to:
Page 80, Line 16(I) Whether an attorney, guardian ad litem, or visitor must be appointed for the adult subject to guardianship;
Page 80, Line 17(II) Whether any further investigation or professional
Page 80, Line 18evaluation of the adult subject to guardianship must be
Page 80, Line 19conducted, the scope of the investigation or professional
Page 80, Line 20evaluation, and when the investigation or professional
Page 80, Line 21evaluation must be completed; and
Page 81, Line 1(III) Whether the guardian must be involved in the termination proceedings and, if so, to what extent;
Page 81, Line 2(b) If the guardian elects to file a written report or a
Page 81, Line 3motion for instructions, the guardian must file initial pleadings
Page 81, Line 4within twenty-one days after the petition to terminate is filed.
Page 81, Line 5Any person interested in the welfare of the adult subject to
Page 81, Line 6guardianship has fourteen days after the initial pleadings are
Page 81, Line 7filed to file a response. If a response is filed, the guardian has
Page 81, Line 8seven days after the response is filed to file a reply. If a motion
Page 81, Line 9for instructions is filed by the guardian as the guardian's initial
Page 81, Line 10pleading, the court must rule on the motion before the petition
Page 81, Line 11for termination of the guardianship is set for hearing. Unless a
Page 81, Line 12hearing on the motion for instructions is requested by the
Page 81, Line 13court, the court may rule on the pleadings without a hearing
Page 81, Line 14after the time period for the filing of the last responsive
Page 81, Line 15pleading has expired. After the filing of the guardian's initial
Page 81, Line 16motion for instructions, the guardian may file subsequent motions for instruction, as appropriate.
Page 81, Line 17(c) Except for the actions authorized in subsections (8)(a),
Page 81, Line 18(8)(b), and (9) of this section, or as otherwise ordered by the
Page 81, Line 19court, the guardian shall not take any action to oppose or
Page 81, Line 20interfere in the termination proceeding. The filing of the initial
Page 81, Line 21or subsequent motion for instructions by the guardian must not alone be deemed opposition or interference.
Page 81, Line 22(d) Unless ordered by the court, the guardian does not
Page 81, Line 23have a duty to participate in the termination proceeding, and the
Page 81, Line 24guardian does not incur liability for filing the report or motion
Page 82, Line 1for instruction or for failing to participate in the proceeding; and
Page 82, Line 2(e) Any individual who has been appointed as a guardian,
Page 82, Line 3and is also a person interested in the welfare of the adult
Page 82, Line 4subject to guardianship, and who wants to participate in the
Page 82, Line 5termination proceeding in the individual's individual capacity
Page 82, Line 6and not in the individual's fiduciary capacity may do so without
Page 82, Line 7restriction or limitation. The payment of any fees and costs to
Page 82, Line 8that individual related to the individual's decision to
Page 82, Line 9participate in the termination proceeding is governed by section 15-10-602 (7) and not by section 15-10-602 (1).
Page 82, Line 10(9) Nothing in subsection (8) of this section prevents:
Page 82, Line 11(a) The court, on its own motion, and regardless of
Page 82, Line 12whether the guardian has filed a report or motion for
Page 82, Line 13instructions, from ordering the guardian to take any action
Page 82, Line 14that the court deems appropriate or from appointing an attorney, guardian ad litem, visitor, or professional evaluator;
Page 82, Line 15(b) The court from ordering the guardian to appear at the termination proceeding and give testimony; or
Page 82, Line 16(c) Any person interested in the welfare of the adult
Page 82, Line 17subject to guardianship from calling the guardian as a witness in the termination proceeding.
Page 82, Line 18PART 4
CONSERVATORSHIP
Page 82, Line 1915-14.7-401. Basis for appointment of conservator. (1) On
Page 82, Line 20petition and after notice and hearing, the court may appoint a
Page 82, Line 21conservator for the property or financial affairs of a minor if
Page 83, Line 1the court finds by a preponderance of evidence that appointment of a conservator is in the minor's best interest, and:
Page 83, Line 2(a) If the minor has a parent, the court gives weight to any
Page 83, Line 3recommendation of the parent whether an appointment is in the minor's best interest; and
Page 83, Line 4(b) Either:
Page 83, Line 5(I) The minor owns funds or other property requiring management or protection that otherwise cannot be provided;
Page 83, Line 6(II) The minor has or may have financial affairs that may
Page 83, Line 7be put at unreasonable risk or hindered because of the minor's age; or
Page 83, Line 8(III) Appointment is necessary or desirable to obtain or
Page 83, Line 9provide funds or other property needed for the support, care, education, health, or welfare of the minor.
Page 83, Line 10(2) On petition and after notice and hearing, the court
Page 83, Line 11may appoint a conservator for the property or financial affairs
Page 83, Line 12of an adult if the court finds by clear and convincing evidence that:
Page 83, Line 13(a) The adult is unable to manage property or financial affairs because:
Page 83, Line 14(I) Of a limitation in the adult's ability to receive and
Page 83, Line 15evaluate information or make or communicate decisions, even
Page 83, Line 16with the use of appropriate supportive services, technological assistance, or supported decision making; or
Page 83, Line 17(II) The adult is missing, detained, or unable to return to the United States;
Page 83, Line 18(b) Appointment is necessary to:
Page 84, Line 1(I) Avoid financial harm to the adult or material dissipation of the property of the adult; or
Page 84, Line 2(II) Obtain or provide funds or other property needed for
Page 84, Line 3the support, care, education, health, or welfare of the adult or of an individual entitled to the adult's support; and
Page 84, Line 4(c) The respondent's identified needs cannot be met by a
Page 84, Line 5protective arrangement instead of conservatorship or other less restrictive alternative.
Page 84, Line 6(3) The court shall grant a conservator only those
Page 84, Line 7powers necessitated by demonstrated limitations and needs of
Page 84, Line 8the respondent and issue orders that will encourage
Page 84, Line 9development of the respondent's maximum self-determination
Page 84, Line 10and independence. The court may not establish a full
Page 84, Line 11conservatorship if a limited conservatorship, protective
Page 84, Line 12arrangement instead of conservatorship, or other less restrictive alternative would meet the needs of the respondent.
Page 84, Line 1315-14.7-402. Petition for appointment of conservator. (1) The following may petition for the appointment of a conservator:
Page 84, Line 14(a) The individual for whom the order is sought;
Page 84, Line 15(b) A person interested in the estate, financial affairs, or
Page 84, Line 16welfare of the individual, including a person that would be
Page 84, Line 17adversely affected by lack of effective management of property or financial affairs of the individual; or
Page 84, Line 18(c) The guardian for the individual.
Page 84, Line 19(2) A petition pursuant to subsection (1) of this section
Page 84, Line 20must state the petitioner's name; principal residence; current
Page 84, Line 21street address, if different; relationship to the respondent;
Page 85, Line 1interest in the appointment; the name and address of any
Page 85, Line 2attorney representing the petitioner; and, to the extent known, the following:
Page 85, Line 3(a) The respondent's name; age; principal residence;
Page 85, Line 4current street address, if different; and, if different, address of
Page 85, Line 5the dwelling in which it is proposed the respondent will reside if the petition is granted;
Page 85, Line 6(b) The name and address of the respondent's:
Page 85, Line 7(I) Spouse or domestic partner or, if the respondent has
Page 85, Line 8none, an adult with whom the respondent has shared household
Page 85, Line 9responsibilities for more than six months in the twelve-month period before the filing of the petition;
Page 85, Line 10(II) Adult children or, if none, each parent and adult sibling of the respondent; and
Page 85, Line 11(III) Adult stepchildren whom the respondent actively
Page 85, Line 12parented during the stepchildren's minor years and with whom
Page 85, Line 13the respondent had an ongoing relationship during the two years immediately before the filing of the petition;
Page 85, Line 14(c) The name and current address of each of the following, if applicable:
Page 85, Line 15(I) A person responsible for the care or custody of the respondent;
Page 85, Line 16(II) Any attorney currently representing the respondent;
Page 85, Line 17(III) The representative payee appointed by the social security administration for the respondent;
Page 85, Line 18(IV) A guardian or conservator acting for the respondent
Page 85, Line 19in this state or another jurisdiction;
Page 86, Line 1(V) A trustee or custodian of a trust or custodianship of which the respondent is a beneficiary;
Page 86, Line 2(VI) The fiduciary appointed for the respondent by the department of veterans affairs;
Page 86, Line 3(VII) An agent designated under a power of attorney for health care in which the respondent is identified as the principal;
Page 86, Line 4(VIII) An agent designated under a power of attorney for finances in which the respondent is identified as the principal;
Page 86, Line 5(IX) A member of the respondent's supportive community;
Page 86, Line 6(X) Any proposed conservator, including a person
Page 86, Line 7nominated by the respondent, if the respondent is twelve years of age or older; and
Page 86, Line 8(XI) If the individual for whom a conservator is sought is a minor:
Page 86, Line 9(A) An adult not otherwise listed with whom the minor resides; and
Page 86, Line 10(B) Each person not otherwise listed that had primary
Page 86, Line 11care or custody of the minor for at least sixty days during the
Page 86, Line 12two years immediately before the filing of the petition or for at
Page 86, Line 13least seven hundred and thirty days during the five years immediately before the filing of the petition;
Page 86, Line 14(d) A general statement of the respondent's property with
Page 86, Line 15an estimate of its value, including any insurance or pension, and the source and amount of other anticipated income or receipts;
Page 86, Line 16(e) The reason conservatorship is necessary, including a brief description of:
Page 86, Line 17(I) The nature and extent of the respondent's alleged need;
Page 87, Line 1(II) If the petition alleges the respondent is missing,
Page 87, Line 2detained, or unable to return to the United States, the relevant
Page 87, Line 3circumstances, including the time and nature of the
Page 87, Line 4disappearance or detention and any search or inquiry concerning the respondent's whereabouts;
Page 87, Line 5(III) Any protective arrangement instead of
Page 87, Line 6conservatorship or other less restrictive alternative for
Page 87, Line 7meeting the respondent's alleged need which has been considered or implemented;
Page 87, Line 8(IV) If no protective arrangement or other less
Page 87, Line 9restrictive alternatives have been considered or implemented, the reason it has not been considered or implemented;
Page 87, Line 10(V) The reason a protective arrangement or other less
Page 87, Line 11restrictive alternative is insufficient to meet the respondent's need;
Page 87, Line 12(VI) Whether the petitioner seeks a limited conservatorship or a full conservatorship;
Page 87, Line 13(VII) If the petitioner seeks a full conservatorship, the
Page 87, Line 14reason a limited conservatorship or protective arrangement instead of conservatorship is not appropriate;
Page 87, Line 15(VIII) If the petition includes the name of a proposed
Page 87, Line 16conservator, the reason the proposed conservator should be appointed;
Page 87, Line 17(IX) If the petition is for a limited conservatorship, a
Page 87, Line 18description of the property to be placed under the conservator's
Page 87, Line 19control and any requested limitation on the authority of the conservator;
Page 88, Line 1(X) Whether the respondent needs an interpreter,
Page 88, Line 2translator, or other form of support to communicate
Page 88, Line 3effectively with the court or understand court proceedings; and
Page 88, Line 4(XI) The name and address of an attorney representing the petitioner, if any.
Page 88, Line 515-14.7-403. Notice and hearing for appointment of
Page 88, Line 6conservator. (1) On filing of a petition pursuant to section
Page 88, Line 715-14.7-402 for appointment of a conservator, the court shall set a date, time, and place for a hearing on the petition.
Page 88, Line 8(2) A copy of a petition pursuant to section 15-14.7-402 and
Page 88, Line 9notice of a hearing on the petition must be served personally on
Page 88, Line 10the respondent. If the respondent's whereabouts are unknown or
Page 88, Line 11personal service cannot be made, service on the respondent must
Page 88, Line 12be made by substituted service or publication. The notice must
Page 88, Line 13inform the respondent of the respondent's rights at the hearing,
Page 88, Line 14including the right to an attorney and to attend the hearing.
Page 88, Line 15The notice must include a description of the nature, purpose, and
Page 88, Line 16consequences of granting the petition. The court may not grant
Page 88, Line 17a petition for appointment of a conservator if notice
Page 88, Line 18substantially complying with this subsection (2) is not served on the respondent.
Page 88, Line 19(3) In a proceeding on a petition pursuant to section
Page 88, Line 2015-14.7-402, the notice required pursuant to subsection (2) of this
Page 88, Line 21section must be given, pursuant to section 15-10-401, to the
Page 88, Line 22persons required to be listed in the petition pursuant to section
Page 89, Line 115-14.7-402 (2)(a) to 15-14.7-402 (2)(c) and any other person
Page 89, Line 2interested in the respondent's welfare the court determines.
Page 89, Line 3Failure to give notice, pursuant to section 15-10-401, pursuant
Page 89, Line 4to this subsection (3) does not preclude the court from appointing a conservator.
Page 89, Line 5(4) If a petition filed pursuant to section 15-14.7-402 does
Page 89, Line 6not include the name of at least one person described in section
Page 89, Line 715-14.7-402 (2), the petitioner must search with reasonable
Page 89, Line 8diligence for an adult relative of the respondent and, if an
Page 89, Line 9adult relative is found, the petitioner must give the adult
Page 89, Line 10relative notice, pursuant to section 15-10-401, that a petition
Page 89, Line 11for conservatorship of the respondent and a hearing on the
Page 89, Line 12petition have been filed and give notice of a hearing on the
Page 89, Line 13petition. The notice sent to the adult relative of the respondent
Page 89, Line 14must not include a copy of the petition. Failure to give notice
Page 89, Line 15pursuant to this subsection (4) does not preclude the court from appointing a conservator.
Page 89, Line 16(5) After the appointment of a conservator, notice of a
Page 89, Line 17hearing on a petition for an order pursuant to this part 4, together with a copy of the petition, must be given to:
Page 89, Line 18(a) The individual subject to conservatorship, if the
Page 89, Line 19individual is twelve years of age or older and not missing, detained, or unable to return to the United States;
Page 89, Line 20(b) The conservator; and
(c) Any other person the court determines.
Page 89, Line 2115-14.7-404. Order to preserve or apply property while
Page 89, Line 22proceeding pending.While a petition pursuant to section
Page 90, Line 115-14.7-402 is pending, after preliminary hearing and without
Page 90, Line 2notice to others, the court may issue an order to preserve and
Page 90, Line 3apply property of the respondent as required for the support of
Page 90, Line 4the respondent or an individual who is in fact dependent on the
Page 90, Line 5respondent. The court may appoint a special conservator to assist in implementing the order.
Page 90, Line 615-14.7-405. Appointment and role of visitor. (1) If the
Page 90, Line 7respondent in a proceeding to appoint a conservator is a minor,
Page 90, Line 8the court may appoint a visitor to investigate a matter related
Page 90, Line 9to the petition or inform the minor or a parent of the minor about the petition or a related matter.
Page 90, Line 10(2) If the respondent in a proceeding to appoint a
Page 90, Line 11conservator is an adult, the court shall appoint a visitor unless
Page 90, Line 12the adult is represented by an attorney appointed by the court.
Page 90, Line 13The duties and reporting requirements of the visitor are limited
Page 90, Line 14to the relief requested in the petition. The court shall disclose
Page 90, Line 15in the order appointing the visitor the specific training or
Page 90, Line 16experience the visitor has with respect to the abilities,
Page 90, Line 17limitations, and needs of the respondent as alleged in the petition and the basis for fees to be paid to the visitor.
Page 90, Line 18(3) A visitor appointed pursuant to subsection (2) of this
Page 90, Line 19section for an adult shall interview the respondent in person and in a manner the respondent is best able to understand:
Page 90, Line 20(a) Explain to the respondent the substance of the
Page 90, Line 21petition; the nature, purpose, and effect of the proceeding; the
Page 90, Line 22respondent's rights at the hearing on the petition; and the
Page 90, Line 23general powers and duties of a conservator;
Page 91, Line 1(b) Determine the respondent's views about the
Page 91, Line 2appointment sought by the petitioner, including views about a
Page 91, Line 3proposed conservator, the conservator's proposed powers and
Page 91, Line 4duties, and the scope and duration of the proposed conservatorship;
Page 91, Line 5(c) Inform the respondent of the respondent's right to
Page 91, Line 6employ and consult with an attorney at the respondent's
Page 91, Line 7expense and the right to request a court-appointed attorney; and
Page 91, Line 8(d) Inform the respondent that all costs and expenses of
Page 91, Line 9the proceeding, including the respondent's attorney fees, may be paid from the respondent's assets.
Page 91, Line 10(4) A visitor appointed pursuant to subsection (2) of this section for an adult shall:
Page 91, Line 11(a) Interview the petitioner and proposed conservator, if any;
Page 91, Line 12(b) Review financial records of the respondent, if
Page 91, Line 13relevant to the visitor's recommendation pursuant to subsection (5)(b) of this section;
Page 91, Line 14(c) Investigate whether the respondent's needs could be
Page 91, Line 15met by a protective arrangement instead of conservatorship or
Page 91, Line 16other less restrictive alternative and, if so, identify the arrangement or other less restrictive alternative; and
Page 91, Line 17(d) Investigate the allegations in the petition and any other matter relating to the petition that the court directs.
Page 91, Line 18(5) A visitor appointed pursuant to subsection (2) of this
Page 91, Line 19section for an adult shall promptly file a report in a record with the court, which must include:
Page 92, Line 1(a) A recommendation whether an attorney should be appointed to represent the respondent;
Page 92, Line 2(b) A recommendation:
Page 92, Line 3(I) Regarding the appropriateness of conservatorship, or
Page 92, Line 4whether a protective arrangement instead of conservatorship
Page 92, Line 5or other less restrictive alternative for meeting the respondent's needs is available;
Page 92, Line 6(II) If a conservatorship is recommended, whether it should be full or limited; and
Page 92, Line 7(III) If a limited conservatorship is recommended, the
Page 92, Line 8powers to be granted to the conservator and the property that should be placed under the conservator's control;
Page 92, Line 9(c) A statement of the qualifications of the proposed
Page 92, Line 10conservator and whether the respondent approves or disapproves of the proposed conservator;
Page 92, Line 11(d) A recommendation whether a professional evaluation pursuant to section 15-14.7-407 is necessary;
Page 92, Line 12(e) A statement whether the respondent is able to attend a hearing at the location court proceedings typically are held;
Page 92, Line 13(f) A statement whether the respondent is able to
Page 92, Line 14participate in a hearing and which identifies any technology or
Page 92, Line 15other form of support that would enhance the respondent's ability to participate; and
Page 92, Line 16(g) Any other matter the court directs.
Page 92, Line 1715-14.7-406. Appointment and role of attorney. (1) The court
Page 92, Line 18shall appoint an attorney to represent the respondent in a proceeding to appoint a conservator if:
Page 93, Line 1(a) The respondent requests an appointment;
(b) The visitor recommends an appointment; or
Page 93, Line 2(c) The court determines the respondent needs representation.
Page 93, Line 3(2) An attorney representing the respondent in a proceeding for appointment of a conservator shall:
Page 93, Line 4(a) Make reasonable efforts to ascertain the respondent's wishes;
Page 93, Line 5(b) Advocate for the respondent's wishes to the extent reasonably ascertainable; and
Page 93, Line 6(c) If the respondent's wishes are not reasonably
Page 93, Line 7ascertainable, advocate for the result that is the least
Page 93, Line 8restrictive in type, duration, and scope, consistent with the respondent's interests.
Page 93, Line 915-14.7-407. Professional evaluation. (1) At or before a
Page 93, Line 10hearing on a petition for conservatorship for an adult, the court shall order a professional evaluation of the respondent:
Page 93, Line 11(a) If the respondent requests the evaluation; or
Page 93, Line 12(b) If the court finds that additional information may
Page 93, Line 13assist the court in determining the respondent's needs and abilities.
Page 93, Line 14(2) If the court orders an evaluation pursuant to
Page 93, Line 15subsection (1) of this section, the respondent must be examined
Page 93, Line 16by a licensed physician, psychologist, social worker, or other
Page 93, Line 17individual appointed by the court who is qualified to evaluate
Page 93, Line 18the respondent's alleged cognitive and functional abilities and
Page 94, Line 1limitations and will not be advantaged or disadvantaged by a
Page 94, Line 2decision to grant the petition or otherwise have a conflict of
Page 94, Line 3interest. The individual conducting the evaluation promptly
Page 94, Line 4shall file a report in a record with the court. Unless otherwise directed by the court, the report must contain:
Page 94, Line 5(a) A description of the nature, type, and extent of the
Page 94, Line 6respondent's cognitive and functional abilities and limitations
Page 94, Line 7with regard to the management of the respondent's property and financial affairs;
Page 94, Line 8(b) An evaluation of the respondent's mental and physical
Page 94, Line 9condition and, if appropriate, educational potential, adaptive behavior, and social skills;
Page 94, Line 10(c) A prognosis for improvement with regard to the ability to manage the respondent's property and financial affairs; and
Page 94, Line 11(d) The date of the examination on which the report is based.
Page 94, Line 12(3) A respondent may decline to participate in an evaluation ordered pursuant to subsection (1) of this section.
Page 94, Line 1315-14.7-408. Attendance and rights at hearing. (1) Except as
Page 94, Line 14otherwise provided in subsection (2) of this section, a hearing
Page 94, Line 15pursuant to section 15-14.7-403 may not proceed unless the
Page 94, Line 16respondent attends the hearing. If it is not reasonably feasible
Page 94, Line 17for the respondent to attend a hearing at the location court
Page 94, Line 18proceedings typically are held, the court shall hold a hearing
Page 94, Line 19using real-time audio-visual communication technology or, at
Page 94, Line 20the court's discretion, hold the hearing at an alternative
Page 94, Line 21location where the respondent can attend using real-time audio-visual communication technology.
Page 95, Line 1(2) A hearing pursuant to section 15-14.7-403 may proceed
Page 95, Line 2without the respondent in attendance if the court finds by clear and convincing evidence that:
Page 95, Line 3(a) The respondent has refused to attend the hearing
Page 95, Line 4after having been fully informed of the right to attend and the potential consequences of failing to do so;
Page 95, Line 5(b) There is no practicable way for the respondent to
Page 95, Line 6attend and participate in the hearing even with appropriate supportive services or technological assistance; or
Page 95, Line 7(c) The respondent is a minor who has received proper notice and attendance would be harmful to the minor.
Page 95, Line 8(3) The respondent may be assisted in a hearing pursuant
Page 95, Line 9to section 15-14.7-403 by a person or persons of the respondent's
Page 95, Line 10choosing, assistive technology, or an interpreter or translator,
Page 95, Line 11or a combination of these supports. If assistance would
Page 95, Line 12facilitate the respondent's participation in the hearing, but is
Page 95, Line 13not otherwise available to the respondent, the court shall make reasonable efforts to provide it.
Page 95, Line 14(4) The respondent has a right to choose an attorney to
Page 95, Line 15represent the respondent at a hearing pursuant to section 15-14.7-403.
Page 95, Line 16(5) At a hearing pursuant to section 15-14.7-403, the respondent may:
Page 95, Line 17(a) Present evidence and subpoena witnesses and documents;
Page 95, Line 18(b) Examine witnesses, including any court-appointed evaluator and the visitor; and
Page 96, Line 1(c) Otherwise participate in the hearing.
Page 96, Line 2(6) Unless excused by the court for good cause, a
Page 96, Line 3proposed conservator shall attend a hearing pursuant to section 15-14.7-403.
Page 96, Line 4(7) A hearing pursuant to section 15-14.7-403 must be closed on request of the respondent or a showing of good cause.
Page 96, Line 5(8) Any person may request to participate in a hearing
Page 96, Line 6pursuant to section 15-14.7-403. The court may grant the
Page 96, Line 7request, with or without a hearing, on determining that the best
Page 96, Line 8interest of the respondent will be served. The court shall
Page 96, Line 9consider the preferences and opinions of the respondent prior to
Page 96, Line 10granting a request to participate in the hearing. The court may impose appropriate conditions on the person's participation.
Page 96, Line 1115-14.7-409. Confidentiality of records.The court shall
Page 96, Line 12comply with the administrative rules adopted by the judicial department concerning the confidentiality of court records.
Page 96, Line 1315-14.7-410. Who may be conservator - order of priority.
Page 96, Line 14(1) Except as otherwise provided in subsection (3) of this section,
Page 96, Line 15the court in appointing a conservator shall consider persons qualified to be a conservator in the following order of priority:
Page 96, Line 16(a) A conservator, other than a temporary or emergency
Page 96, Line 17conservator, currently acting for the respondent in another jurisdiction;
Page 96, Line 18(b) A person nominated as conservator by the respondent,
Page 96, Line 19including the respondent's most recent nomination made in a
Page 96, Line 20power of attorney for finances;
Page 97, Line 1(c) An agent appointed by the respondent to manage the respondent's property under a power of attorney for finances;
Page 97, Line 2(d) A spouse or domestic partner of the respondent; and
Page 97, Line 3(e) A family member or other individual who has shown special care and concern for the respondent.
Page 97, Line 4(2) If two or more persons have equal priority pursuant to
Page 97, Line 5subsection (1) of this section, the court shall select as
Page 97, Line 6conservator the person the court considers best qualified. In
Page 97, Line 7determining the best qualified person, the court shall consider
Page 97, Line 8the person's relationship with the respondent, the person's
Page 97, Line 9skills, the expressed wishes of the respondent, the extent to
Page 97, Line 10which the person and the respondent have similar values and
Page 97, Line 11preferences, and the likelihood the person will be able to perform the duties of a conservator successfully.
Page 97, Line 12(3) The court, acting in the best interest of the
Page 97, Line 13respondent, may decline to appoint as conservator a person
Page 97, Line 14having priority pursuant to subsection (1) of this section and appoint a person having a lower priority or no priority.
Page 97, Line 15(4) Unless the person has priority to serve pursuant to
Page 97, Line 16subsection (1) of this section, a person that provides paid
Page 97, Line 17services to the respondent or an individual who is employed by
Page 97, Line 18a person that provides paid services to the respondent or is the
Page 97, Line 19spouse, domestic partner, parent, or child of an individual who
Page 97, Line 20provides or is employed to provide paid services to the respondent, may not be appointed as conservator unless:
Page 97, Line 21(a) The individual is related to the respondent by blood,
Page 97, Line 22marriage, or adoption; or
Page 98, Line 1(b) The court finds by clear and convincing evidence that
Page 98, Line 2the person is the best qualified person available for appointment and the appointment is in the best interest of the respondent.
Page 98, Line 3(5) An owner, operator, or employee of a long-term care
Page 98, Line 4facility at which the respondent is receiving care may not be
Page 98, Line 5appointed as conservator unless the owner, operator, or
Page 98, Line 6employee is related to the respondent by blood, marriage, or adoption.
Page 98, Line 715-14.7-411. Order of appointment of conservator. (1) A
Page 98, Line 8court order appointing a conservator for a minor must include
Page 98, Line 9findings to support appointment of a conservator and, if a full
Page 98, Line 10conservatorship is granted, the reason a limited
Page 98, Line 11conservatorship would not meet the identified needs of the minor.
Page 98, Line 12(2) A court order appointing a conservator for an adult must:
Page 98, Line 13(a) Include a specific finding that clear and convincing
Page 98, Line 14evidence has established that the identified needs of the
Page 98, Line 15respondent cannot be met by a protective arrangement instead
Page 98, Line 16of conservatorship or other less restrictive alternative,
Page 98, Line 17including use of appropriate supportive services, technological assistance, or supported decision making; and
Page 98, Line 18(b) Include a specific finding that clear and convincing
Page 98, Line 19evidence established the respondent was given proper notice of the hearing on the petition.
Page 98, Line 20(3) A court order establishing a full conservatorship for
Page 98, Line 21an adult must state the basis for granting a full
Page 99, Line 1conservatorship and include specific findings to support the
Page 99, Line 2conclusion that a limited conservatorship would not meet the functional needs of the adult.
Page 99, Line 3(4) A court order establishing a limited conservatorship
Page 99, Line 4must state the specific property placed under the control of the conservator and the powers granted to the conservator.
Page 99, Line 5(5) The court, as part of an order establishing a
Page 99, Line 6conservatorship, shall identify any person that subsequently is entitled to:
Page 99, Line 7(a) Notice of the rights of the individual subject to conservatorship pursuant to section 15-14.7-412 (2);
Page 99, Line 8(b) Notice of a sale of or surrender of a lease to the primary dwelling of the individual;
Page 99, Line 9(c) Notice that the conservator has delegated a power
Page 99, Line 10that requires court approval pursuant to section 15-14.7-414 or substantially all powers of the conservator;
Page 99, Line 11(d) Notice that the conservator will be unavailable to perform the conservator's duties for more than one month;
Page 99, Line 12(e) A copy of the conservator's plan pursuant to section
Page 99, Line 1315-14.7-419 and the conservator's report pursuant to section 15-14.7-423;
Page 99, Line 14(f) Access to court records relating to the conservatorship;
Page 99, Line 15(g) Notice of a transaction involving a substantial
Page 99, Line 16conflict between the conservator's fiduciary duties and personal interests;
Page 99, Line 17(h) Notice of the death or significant change in the condition of the individual;
Page 100, Line 1(i) Notice that the court has limited or modified the powers of the conservator; and
Page 100, Line 2(j) Notice of the removal of the conservator.
Page 100, Line 3(6) If an individual subject to conservatorship is an adult,
Page 100, Line 4the spouse, domestic partner, and adult children of the adult
Page 100, Line 5subject to conservatorship are entitled pursuant to subsection
Page 100, Line 6(5) of this section to notice unless the court determines notice
Page 100, Line 7would be contrary to the preferences or prior directions of the
Page 100, Line 8adult subject to conservatorship or not in the best interest of the adult.
Page 100, Line 9(7) If an individual subject to conservatorship is a minor,
Page 100, Line 10each parent and adult sibling of the minor is entitled pursuant
Page 100, Line 11to subsection (5) of this section to notice unless the court determines notice would not be in the best interest of the minor.
Page 100, Line 1215-14.7-412. Notice of order of appointment - rights. (1) A
Page 100, Line 13conservator appointed pursuant to section 15-14.7-411 shall give
Page 100, Line 14to the individual subject to conservatorship and to all other
Page 100, Line 15persons given notice pursuant to section 15-14.7-403 a copy of
Page 100, Line 16the order of appointment, together with notice of the right to
Page 100, Line 17request termination or modification. The order and notice must be given not later than fourteen days after the appointment.
Page 100, Line 18(2) Not later than thirty days after appointment of a
Page 100, Line 19conservator pursuant to section 15-14.7-411, the court shall
Page 100, Line 20give to the individual subject to conservatorship, the
Page 100, Line 21conservator, and any other person entitled to notice pursuant
Page 100, Line 22to section 15-14.7-411 a statement of the rights of the individual
Page 101, Line 1subject to conservatorship and procedures to seek relief if the
Page 101, Line 2individual is denied those rights. The statement must be in plain
Page 101, Line 3language, in at least sixteen-point font, and to the extent
Page 101, Line 4feasible, in a language in which the individual subject to
Page 101, Line 5conservatorship is proficient. The statement must notify the individual subject to conservatorship of the right to:
Page 101, Line 6(a) Seek termination or modification of the
Page 101, Line 7conservatorship, or removal of the conservator, and choose an attorney to represent the individual in these matters;
Page 101, Line 8(b) Participate in decision making to the extent reasonably feasible;
Page 101, Line 9(c) Receive a copy of the conservator's plan pursuant to
Page 101, Line 10section 15-14.7-419, the conservator's inventory pursuant to
Page 101, Line 11section 15-14.7-420, and the conservator's report pursuant to section 15-14.7-423; and
Page 101, Line 12(d) Object to the conservator's inventory, plan, or report.
Page 101, Line 13(3) If a conservator is appointed for the reasons stated in
Page 101, Line 14section 15-14.7-401 (2)(a)(II) and the individual subject to
Page 101, Line 15conservatorship is missing, notice pursuant to this section to the individual is not required.
Page 101, Line 1615-14.7-413. Emergency conservator. (1) On its own or on
Page 101, Line 17petition by a person interested in an individual's welfare after
Page 101, Line 18a petition has been filed pursuant to section 15-14.7-402, the
Page 101, Line 19court may appoint an emergency conservator for the individual if the court finds:
Page 101, Line 20(a) Appointment of an emergency conservator is likely to
Page 101, Line 21prevent substantial and irreparable harm to the individual's property or financial interests;
Page 102, Line 1(b) No other person appears to have authority and willingness to act in the circumstances; and
Page 102, Line 2(c) There is reason to believe that a basis for appointment of a conservator pursuant to section 15-14.7-401 exists.
Page 102, Line 3(2) The duration of authority of an emergency
Page 102, Line 4conservator may not exceed sixty days and the emergency
Page 102, Line 5conservator may exercise only the powers specified in the order
Page 102, Line 6of appointment. The emergency conservator's authority may be
Page 102, Line 7extended once for not more than sixty days if the court finds
Page 102, Line 8that the conditions for appointment of an emergency conservator pursuant to subsection (1) of this section continue.
Page 102, Line 9(3) Immediately on filing of a petition for an emergency
Page 102, Line 10conservator, the court shall appoint an attorney to represent
Page 102, Line 11the respondent in the proceeding. Except as otherwise provided
Page 102, Line 12in subsection (4) of this section, reasonable notice of the date,
Page 102, Line 13time, and place of a hearing on the petition must be given to the
Page 102, Line 14respondent, the respondent's attorney, and any other person the court determines.
Page 102, Line 15(4) The court may appoint an emergency conservator
Page 102, Line 16without notice to the respondent and any attorney for the
Page 102, Line 17respondent only if the court finds from an affidavit or
Page 102, Line 18testimony that the respondent's property or financial interests
Page 102, Line 19will be substantially and irreparably harmed before a hearing
Page 102, Line 20with notice on the appointment can be held. If the court appoints
Page 102, Line 21an emergency conservator without reasonable notice to the
Page 102, Line 22respondent or the respondent's attorney and the respondent is
Page 103, Line 1not present at the hearing, the court must personally serve
Page 103, Line 2notice of the appointment not later than forty-eight hours after the appointment to:
Page 103, Line 3(a) The respondent;
(b) The respondent's attorney; and
Page 103, Line 4(c) Any other person the court determines.
Page 103, Line 5(5) Not later than seven days after the appointment, the
Page 103, Line 6court shall hold a hearing on the appropriateness of the
Page 103, Line 7appointment upon the request of the respondent, the
Page 103, Line 8respondent's attorney, a member of the respondent's supportive
Page 103, Line 9community, or a person interested in the welfare of an individual subject to guardianship or conservatorship.
Page 103, Line 10(6) Appointment of an emergency conservator pursuant
Page 103, Line 11to this section is not a determination that a basis exists for appointment of a conservator pursuant to section 15-14.7-401.
Page 103, Line 12(7) The court may terminate the appointment of an
Page 103, Line 13emergency conservator appointed pursuant to this section at
Page 103, Line 14any time. The emergency conservator shall make any report the court requires.
Page 103, Line 1515-14.7-414. Powers of conservator requiring court approval.
Page 103, Line 16(1) Except as otherwise ordered by the court, a conservator
Page 103, Line 17must give notice, pursuant to section 15-10-401, to persons
Page 103, Line 18entitled to notice pursuant to section 15-14.7-403 and receive
Page 103, Line 19specific authorization by the court before the conservator may exercise with respect to the conservatorship the power to:
Page 103, Line 20(a) Make a gift, except a gift of de minimis value;
Page 103, Line 21(b) Sell, encumber an interest in, or surrender a lease to
Page 104, Line 1the primary dwelling of the individual subject to conservatorship;
Page 104, Line 2(c) Convey, release, or disclaim a contingent or expectant
Page 104, Line 3interest in property, including marital property and any right
Page 104, Line 4of survivorship incident to joint tenancy or tenancy by the entireties;
Page 104, Line 5(d) Exercise or release a power of appointment;
Page 104, Line 6(e) Create a revocable or irrevocable trust of property
Page 104, Line 7of the conservatorship estate, whether or not the trust extends
Page 104, Line 8beyond the duration of the conservatorship, or revoke or amend a trust revocable by the individual subject to conservatorship;
Page 104, Line 9(f) Exercise a right to elect an option or change a
Page 104, Line 10beneficiary under an insurance policy or annuity or surrender the policy or annuity for its cash value;
Page 104, Line 11(g) Exercise a right to an elective share in the estate of a
Page 104, Line 12deceased spouse or domestic partner of the individual subject to conservatorship or renounce or disclaim a property interest;
Page 104, Line 13(h) Grant a creditor priority for payment over creditors
Page 104, Line 14of the same or higher class if the creditor is providing property
Page 104, Line 15or services used to meet the basic living and care needs of the
Page 104, Line 16individual subject to conservatorship and preferential
Page 104, Line 17treatment otherwise would be impermissible pursuant to section 15-14.7-428 (5); and
Page 104, Line 18(i) Make, modify, amend, or revoke the will of the
Page 104, Line 19individual subject to conservatorship in compliance with part 5 of article 11 of title 15.
Page 104, Line 20(2) In approving a conservator's exercise of a power listed
Page 105, Line 1in subsection (1) of this section, the court shall consider
Page 105, Line 2primarily the decision the individual subject to conservatorship
Page 105, Line 3would make if able, to the extent the decision can be ascertained.
Page 105, Line 4(3) To determine pursuant to subsection (2) of this section
Page 105, Line 5the decision the individual subject to conservatorship would
Page 105, Line 6make if able, the court shall consider the individual's prior or
Page 105, Line 7current directions, preferences, opinions, values, and actions, to
Page 105, Line 8the extent actually known or reasonably ascertainable by the conservator. The court also shall consider:
Page 105, Line 9(a) The financial needs of the individual subject to
Page 105, Line 10conservatorship and individuals who are in fact dependent on
Page 105, Line 11the individual subject to conservatorship for support, and the interests of creditors of the individual;
Page 105, Line 12(b) Possible reduction of income, estate, inheritance, or other tax liabilities;
Page 105, Line 13(c) Eligibility for governmental assistance;
Page 105, Line 14(d) The previous pattern of giving or level of support provided by the individual;
Page 105, Line 15(e) Any existing estate plan or lack of estate plan of the individual;
Page 105, Line 16(f) The life expectancy of the individual and the
Page 105, Line 17probability the conservatorship will terminate before the individual's death; and
Page 105, Line 18(g) Any other relevant factor.
Page 105, Line 19(4) A conservator may not revoke or amend a power of
Page 105, Line 20attorney for finances executed by the individual subject to
Page 106, Line 1conservatorship. If a power of attorney for finances is in effect,
Page 106, Line 2a decision of the agent takes precedence over that of the conservator, unless the court orders otherwise.
Page 106, Line 315-14.7-415. Petition for order after appointment. (1) An
Page 106, Line 4individual subject to conservatorship or a person interested in the welfare of the individual may petition for an order:
Page 106, Line 5(a) Requiring the conservator to furnish a bond or
Page 106, Line 6collateral or additional bond or collateral or allowing a reduction in a bond or collateral previously furnished;
Page 106, Line 7(b) Requiring an accounting for the administration of the conservatorship estate;
Page 106, Line 8(c) Directing distribution;
Page 106, Line 9(d) Removing the conservator and appointing a temporary or successor conservator;
Page 106, Line 10(e) Modifying the type of appointment or powers granted
Page 106, Line 11to the conservator, if the extent of protection or management
Page 106, Line 12previously granted is excessive or insufficient to meet the
Page 106, Line 13individual's needs, including because the individual's abilities or supports have changed;
Page 106, Line 14(f) Rejecting or modifying the conservator's plan
Page 106, Line 15pursuant to section 15-14.7-419, the conservator's inventory
Page 106, Line 16pursuant to section 15-14.7-420, or the conservator's report pursuant to section 15-14.7-423; or
Page 106, Line 17(g) Granting other appropriate relief.
Page 106, Line 1815-14.7-416. Bond - alternative asset protection arrangement.
Page 106, Line 19(1) Except as otherwise provided in subsection (3) of this section,
Page 106, Line 20the court shall require a conservator to furnish a bond with a
Page 107, Line 1surety or require an alternative asset-protection arrangement,
Page 107, Line 2conditioned on faithful discharge of all duties of the
Page 107, Line 3conservator. The court may waive the requirement only if the
Page 107, Line 4court finds that a bond or other asset-protection arrangement
Page 107, Line 5is not necessary to protect the interests of the individual
Page 107, Line 6subject to conservatorship. Except as otherwise provided in
Page 107, Line 7subsection (3) of this section, the court may not waive the
Page 107, Line 8requirement if the conservator is in the business of serving as a conservator and is being paid for the conservator's service.
Page 107, Line 9(2) Unless the court directs otherwise, the bond required
Page 107, Line 10pursuant to this section must be in the amount of the aggregate
Page 107, Line 11capital value of the conservatorship estate, plus one year's
Page 107, Line 12estimated income, less the value of property deposited under an
Page 107, Line 13arrangement requiring a court order for its removal and real
Page 107, Line 14property the conservator lacks power to sell or convey
Page 107, Line 15without specific court authorization. The court, in place of
Page 107, Line 16surety on a bond, may accept collateral for the performance of
Page 107, Line 17the bond, including a pledge of securities or a mortgage of real property.
Page 107, Line 18(3) A regulated financial-service institution qualified to
Page 107, Line 19do trust business in this state, a public administrator nominated
Page 107, Line 20as a guardian or conservator, or a state or county agency
Page 107, Line 21nominated as a guardian or conservator pursuant to state law is not required to give a bond pursuant to this section.
Page 107, Line 2215-14.7-417. Terms and requirements of bond. (1) The
Page 107, Line 23following rules apply to the bond required pursuant to section
Page 107, Line 2415-14.7-416:
Page 108, Line 1(a) Except as otherwise provided by the bond, the surety and the conservator are jointly and severally liable.
Page 108, Line 2(b) By executing a bond provided by a conservator, the
Page 108, Line 3surety submits to the personal jurisdiction of the court that
Page 108, Line 4issued letters of office to the conservator in a proceeding
Page 108, Line 5relating to the duties of the conservator in which the surety is
Page 108, Line 6named as a party. Notice of the proceeding must be given to the
Page 108, Line 7surety at the address shown in the records of the court in which
Page 108, Line 8the bond is filed and any other address of the surety then known to the person required to provide the notice.
Page 108, Line 9(c) On petition of a successor conservator or person
Page 108, Line 10affected by a breach of the obligation of the bond, a proceeding
Page 108, Line 11may be brought against the surety for breach of the obligation of the bond.
Page 108, Line 12(d) A proceeding against the bond may be brought until liability under the bond is exhausted.
Page 108, Line 13(2) A proceeding may not be brought pursuant to this
Page 108, Line 14section against a surety of a bond on a matter as to which a proceeding against the conservator is barred.
Page 108, Line 15(3) If a bond pursuant to section 15-14.7-416 is not renewed
Page 108, Line 16by the conservator, the surety or sureties immediately shall
Page 108, Line 17give notice, pursuant to section 15-10-401, to the court and the individual subject to conservatorship.
Page 108, Line 1815-14.7-418. Duties of conservator. (1) A conservator is a
Page 108, Line 19fiduciary and has duties of prudence and loyalty to the individual subject to conservatorship.
Page 108, Line 20(2) A conservator shall promote the self-determination
Page 109, Line 1of the individual subject to conservatorship and, to the extent
Page 109, Line 2feasible, encourage the individual to participate in decisions, act
Page 109, Line 3on the individual's own behalf, and develop or regain the capacity to manage the individual's personal affairs.
Page 109, Line 4(3) In making a decision for an individual subject to
Page 109, Line 5conservatorship, the conservator shall make the decision the
Page 109, Line 6conservator reasonably believes the individual would make if
Page 109, Line 7able, unless doing so would fail to preserve the resources
Page 109, Line 8needed to maintain the individual's well-being and lifestyle or
Page 109, Line 9otherwise unreasonably harm or endanger the welfare or
Page 109, Line 10personal or financial interests of the individual. To determine
Page 109, Line 11the decision the individual would make if able, the conservator
Page 109, Line 12shall consider the individual's prior or current directions,
Page 109, Line 13preferences, opinions, values, and actions, to the extent
Page 109, Line 14actually known or reasonably ascertainable by the conservator.
Page 109, Line 15(4) If a conservator cannot make a decision pursuant to
Page 109, Line 16subsection (3) of this section because the conservator does not
Page 109, Line 17know and cannot reasonably determine the decision the
Page 109, Line 18individual subject to conservatorship probably would make if
Page 109, Line 19able, or the conservator reasonably believes the decision the
Page 109, Line 20individual would make would fail to preserve resources needed
Page 109, Line 21to maintain the individual's well-being and lifestyle or
Page 109, Line 22otherwise unreasonably harm or endanger the welfare or
Page 109, Line 23personal or financial interests of the individual, the
Page 109, Line 24conservator shall act in accordance with the best interest of
Page 109, Line 25the individual. In determining the best interest of the individual, the conservator shall consider:
Page 110, Line 1(a) Information received from professionals and persons
Page 110, Line 2that demonstrate sufficient interest in the welfare of the individual;
Page 110, Line 3(b) Other information the conservator believes the
Page 110, Line 4individual would have considered if the individual were able to act; and
Page 110, Line 5(c) Other factors a reasonable person in the
Page 110, Line 6circumstances of the individual would consider, including consequences for others.
Page 110, Line 7(5) Except when inconsistent with the conservator's
Page 110, Line 8duties pursuant to subsections (1) to (4) of this section, a
Page 110, Line 9conservator shall invest and manage the conservatorship estate as a prudent investor would, by considering:
Page 110, Line 10(a) The circumstances of the individual subject to conservatorship and the conservatorship estate;
Page 110, Line 11(b) General economic conditions;
(c) The possible effect of inflation or deflation;
Page 110, Line 12(d) The expected tax consequences of an investment decision or strategy;
Page 110, Line 13(e) The role of each investment or course of action in relation to the conservatorship estate as a whole;
Page 110, Line 14(f) The expected total return from income and appreciation of capital;
Page 110, Line 15(g) The need for liquidity, regularity of income, and preservation or appreciation of capital; and
Page 110, Line 16(h) The special relationship or value, if any, of specific property to the individual subject to conservatorship.
Page 111, Line 1(6) The propriety of a conservator's investment and
Page 111, Line 2management of the conservatorship estate is determined in light
Page 111, Line 3of the facts and circumstances existing when the conservator decides or acts and not by hindsight.
Page 111, Line 4(7) A conservator shall make a reasonable effort to
Page 111, Line 5verify facts relevant to the investment and management of the conservatorship estate.
Page 111, Line 6(8) A conservator that has special skills or expertise, or
Page 111, Line 7is named conservator in reliance on the conservator's
Page 111, Line 8representation of special skills or expertise, has a duty to use
Page 111, Line 9the special skills or expertise in carrying out the conservator's duties.
Page 111, Line 10(9) In investing, selecting specific property for
Page 111, Line 11distribution, and invoking a power of revocation or withdrawal
Page 111, Line 12for the use or benefit of the individual subject to
Page 111, Line 13conservatorship, a conservator shall consider any estate plan
Page 111, Line 14of the individual known or reasonably ascertainable to the
Page 111, Line 15conservator and may examine the will or other donative, nominative, or appointive instrument of the individual.
Page 111, Line 16(10) A conservator shall maintain insurance on the
Page 111, Line 17insurable real and personal property of the individual subject
Page 111, Line 18to conservatorship, unless the conservatorship estate lacks sufficient funds to pay for insurance or the court finds:
Page 111, Line 19(a) The property lacks sufficient equity; or
Page 111, Line 20(b) Insuring the property would unreasonably dissipate
Page 111, Line 21the conservatorship estate or otherwise not be in the best interest of the individual.
Page 112, Line 1(11) If a power of attorney for finances is in effect, a
Page 112, Line 2conservator shall cooperate with the agent to the extent feasible.
Page 112, Line 3(12) A conservator has access to and authority over a
Page 112, Line 4digital asset of the individual subject to conservatorship to the
Page 112, Line 5extent provided by the "Revised Uniform Fiduciary Access to
Page 112, Line 6Digital Assets Act" in part 15 of article 1 of this title 15 or court order.
Page 112, Line 7(13) A conservator for an adult shall notify the court if
Page 112, Line 8the condition of the adult has changed so that the adult is
Page 112, Line 9capable of exercising rights previously removed. The notice must be given immediately on learning of the change.
Page 112, Line 1015-14.7-419. Conservator's plan. (1) A conservator, not
Page 112, Line 11later than ninety days after appointment and when there is a
Page 112, Line 12significant change in circumstances or the conservator seeks to
Page 112, Line 13deviate significantly from the conservator's plan, shall file
Page 112, Line 14with the court a plan for protecting, managing, expending, and
Page 112, Line 15distributing the assets of the conservatorship estate. The plan
Page 112, Line 16must be based on the needs of the individual subject to
Page 112, Line 17conservatorship and take into account the best interest of the
Page 112, Line 18individual as well as the individual's preferences, values, and
Page 112, Line 19prior directions, to the extent known to or reasonably
Page 112, Line 20ascertainable by the conservator. The conservator shall include in the plan:
Page 112, Line 21(a) A budget containing projected expenses and resources,
Page 112, Line 22including an estimate of the total amount of fees the
Page 113, Line 1conservator anticipates charging per year and a statement or
Page 113, Line 2list of the amount the conservator proposes to charge for each service the conservator anticipates providing to the individual;
Page 113, Line 3(b) How the conservator will involve the individual in decisions about management of the conservatorship estate;
Page 113, Line 4(c) Any step the conservator plans to take to develop or
Page 113, Line 5restore the ability of the individual to manage the conservatorship estate; and
Page 113, Line 6(d) An estimate of the duration of the conservatorship.
Page 113, Line 7(2) A conservator shall give notice, pursuant to section
Page 113, Line 815-10-401, of the filing of the conservator's plan pursuant to
Page 113, Line 9subsection (1) of this section, together with a copy of the plan,
Page 113, Line 10to the individual subject to conservatorship, a person entitled
Page 113, Line 11to notice pursuant to section 15-14.7-411 or a subsequent order,
Page 113, Line 12and any other person the court determines. The notice must
Page 113, Line 13include a statement of the right to object to the plan and be given not later than fourteen days after the filing.
Page 113, Line 14(3) An individual subject to conservatorship and any
Page 113, Line 15person entitled pursuant to subsection (2) of this section to
Page 113, Line 16receive notice and a copy of the conservator's plan may object to the plan.
Page 113, Line 17(4) The court shall review the conservator's plan filed
Page 113, Line 18pursuant to subsection (1) of this section and determine whether
Page 113, Line 19to approve the plan or require a new plan. In deciding whether
Page 113, Line 20to approve the plan, the court shall consider an objection
Page 113, Line 21pursuant to subsection (3) of this section and whether the plan
Page 113, Line 22is consistent with the conservator's duties and powers. The court may not approve the plan until thirty days after its filing.
Page 114, Line 1(5) After a conservator's plan pursuant to this section is
Page 114, Line 2approved by the court, the conservator shall provide a copy of
Page 114, Line 3the plan to the individual subject to conservatorship, a person
Page 114, Line 4entitled to notice pursuant to section 15-14.7-411 or a subsequent order, and any other person the court determines.
Page 114, Line 515-14.7-420. Inventory - records. (1) Not later than
Page 114, Line 6ninety-one days after appointment, a conservator shall prepare
Page 114, Line 7and file with the appointing court a detailed inventory of the
Page 114, Line 8conservatorship estate, together with an oath or affirmation
Page 114, Line 9that the inventory is believed to be complete and accurate as far as information permits.
Page 114, Line 10(2) A conservator shall give notice, pursuant to section
Page 114, Line 1115-10-401, of the filing of an inventory to the individual subject
Page 114, Line 12to conservatorship, a person entitled to notice pursuant to
Page 114, Line 13section 15-14.7-411 or a subsequent order, and any other person
Page 114, Line 14the court determines. The notice must be given not later than fourteen days after the filing.
Page 114, Line 15(3) A conservator shall keep records of the
Page 114, Line 16administration of the conservatorship estate and make them
Page 114, Line 17available for examination on reasonable request of the
Page 114, Line 18individual subject to conservatorship, a guardian for the
Page 114, Line 19individual, or any other person the conservator or the court determines.
Page 114, Line 2015-14.7-421. Administrative powers of conservator not
Page 114, Line 21requiring court approval. (1) Except as otherwise provided in
Page 114, Line 22section 15-14.7-414 or qualified or limited in the court's order of
Page 115, Line 1appointment and stated in the letters of office, a conservator
Page 115, Line 2has all powers granted in this section and any additional power
Page 115, Line 3granted to a trustee by law of this state other than this article 14.7.
Page 115, Line 4(2) A conservator, acting reasonably and consistent with
Page 115, Line 5the fiduciary duties of the conservator to accomplish the
Page 115, Line 6purpose of the conservatorship, without specific court
Page 115, Line 7authorization or confirmation, may with respect to the conservatorship estate:
Page 115, Line 8(a) Collect, hold, and retain property, including property
Page 115, Line 9in which the conservator has a personal interest and real
Page 115, Line 10property in another state, until the conservator determines disposition of the property should be made;
Page 115, Line 11(b) Receive additions to the conservatorship estate;
Page 115, Line 12(c) Continue or participate in the operation of a business or other enterprise;
Page 115, Line 13(d) Acquire an undivided interest in property in which the
Page 115, Line 14conservator, in a fiduciary capacity, holds an undivided interest;
Page 115, Line 15(e) Invest assets;
Page 115, Line 16(f) Deposit funds or other property in a financial institution, including one operated by the conservator;
Page 115, Line 17(g) Acquire or dispose of property, including real
Page 115, Line 18property in another state, for cash or on credit, at public or
Page 115, Line 19private sale, and manage, develop, improve, exchange, partition, change the character of, or abandon property;
Page 115, Line 20(h) Make ordinary or extraordinary repairs or
Page 116, Line 1alterations in a building or other structure, demolish any
Page 116, Line 2improvement, or raze an existing or erect a new party wall or building;
Page 116, Line 3(i) Subdivide or develop land, dedicate land to public use,
Page 116, Line 4make or obtain the vacation of a plat and adjust a boundary,
Page 116, Line 5adjust a difference in valuation of land, exchange or partition
Page 116, Line 6land by giving or receiving consideration, and dedicate an easement to public use without consideration;
Page 116, Line 7(j) Enter for any purpose into a lease of property as lessor
Page 116, Line 8or lessee, with or without an option to purchase or renew, for a
Page 116, Line 9term within or extending beyond the term of the conservatorship;
Page 116, Line 10(k) Enter into a lease or arrangement for exploration
Page 116, Line 11and removal of minerals or other natural resources or a pooling or unitization agreement;
Page 116, Line 12(l) Grant an option involving disposition of property or accept or exercise an option for the acquisition of property;
Page 116, Line 13(m) Vote a security, in person or by general or limited proxy;
Page 116, Line 14(n) Pay a call, assessment, or other sum chargeable or accruing against or on account of a security;
Page 116, Line 15(o) Sell or exercise a stock subscription or conversion right;
Page 116, Line 16(p) Consent, directly or through a committee or agent, to
Page 116, Line 17the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise;
Page 116, Line 18(q) Hold a security in the name of a nominee or in other
Page 117, Line 1form without disclosure of the conservatorship so that title to the security may pass by delivery;
Page 117, Line 2(r) Insure:
Page 117, Line 3(I) The conservatorship estate, in whole or in part,
Page 117, Line 4against damage or loss in accordance with section 15-14.7-418 (10); and
Page 117, Line 5(II) The conservator against liability with respect to a third person;
Page 117, Line 6(s) Borrow funds, with or without security, to be repaid from the conservatorship estate or otherwise;
Page 117, Line 7(t) Advance funds for the protection of the
Page 117, Line 8conservatorship estate or the individual subject to
Page 117, Line 9conservatorship and all expenses, losses, and liability sustained
Page 117, Line 10in the administration of the conservatorship estate or because
Page 117, Line 11of holding any property for which the conservator has a lien on the conservatorship estate;
Page 117, Line 12(u) Pay or contest a claim; settle a claim by or against the
Page 117, Line 13conservatorship estate or the individual subject to
Page 117, Line 14conservatorship by compromise, arbitration, or otherwise; or
Page 117, Line 15release, in whole or in part, a claim belonging to the conservatorship estate to the extent the claim is uncollectible;
Page 117, Line 16(v) Pay a tax, assessment, compensation of the
Page 117, Line 17conservator or any guardian, and other expense incurred in the
Page 117, Line 18collection, care, administration, and protection of the conservatorship estate;
Page 117, Line 19(w) Pay a sum distributable to the individual subject to
Page 117, Line 20conservatorship or an individual who is in fact dependent on the
Page 118, Line 1individual subject to conservatorship by paying the sum to the distributee or for the use of the distributee:
Page 118, Line 2(I) To the guardian for the distributee;
Page 118, Line 3(II) To the custodian of the distributee pursuant to the
Page 118, Line 4"Colorado Uniform Transfers to Minors Act", article 50 of title
Page 118, Line 511, or custodial trustee pursuant to the "Colorado Uniform Custodial Trust Act", article 1.5 of this title 15; or
Page 118, Line 6(III) If there is no guardian, custodian, or custodial
Page 118, Line 7trustee, to a relative or other person having physical custody of the distributee;
Page 118, Line 8(x) Bring or defend an action, claim, or proceeding in any
Page 118, Line 9jurisdiction for the protection of the conservatorship estate or the conservator in the performance of the conservator's duties;
Page 118, Line 10(y) Structure the finances of the individual subject to
Page 118, Line 11conservatorship to establish eligibility for a public benefit,
Page 118, Line 12consistent with the individual's preferences, values, and prior
Page 118, Line 13directions, if the conservator's action does not jeopardize the
Page 118, Line 14individual's welfare and otherwise is consistent with the conservator's duties; and
Page 118, Line 15(z) Execute and deliver any instrument that will
Page 118, Line 16accomplish or facilitate the exercise of a power of the conservator.
Page 118, Line 1715-14.7-422. Distribution from conservatorship estate.
Page 118, Line 18(1) Except as otherwise provided in section 15-14.7-414 or
Page 118, Line 19qualified or limited in the court's order of appointment and
Page 118, Line 20stated in the letters of office, and unless contrary to a
Page 118, Line 21conservator's plan pursuant to section 15-14.7-419, the
Page 119, Line 1conservator may expend or distribute income or principal of the
Page 119, Line 2conservatorship estate without specific court authorization or
Page 119, Line 3confirmation for the support, care, education, health, or
Page 119, Line 4welfare of the individual subject to conservatorship or an
Page 119, Line 5individual who is in fact dependent on the individual subject to
Page 119, Line 6conservatorship, including the payment of child or spousal support, in accordance with the following rules:
Page 119, Line 7(a) The conservator shall consider a recommendation
Page 119, Line 8relating to the appropriate standard of support, care,
Page 119, Line 9education, health, or welfare for the individual subject to
Page 119, Line 10conservatorship or individual who is dependent on the individual
Page 119, Line 11subject to conservatorship, made by a guardian for the
Page 119, Line 12individual subject to conservatorship, if any, and, if the
Page 119, Line 13individual subject to conservatorship is a minor, a recommendation made by a parent of the minor.
Page 119, Line 14(b) The conservator acting in compliance with the
Page 119, Line 15conservator's duties pursuant to section 15-14.7-418 is not liable
Page 119, Line 16for an expenditure or distribution made based on a
Page 119, Line 17recommendation pursuant to subsection (1)(a) of this section
Page 119, Line 18unless the conservator knows the expenditure or distribution
Page 119, Line 19is not in the best interest of the individual subject to conservatorship.
Page 119, Line 20(c) In making an expenditure or distribution pursuant to this section, the conservator shall consider:
Page 119, Line 21(I) The size of the conservatorship estate, the estimated
Page 119, Line 22duration of the conservatorship, and the likelihood the
Page 119, Line 23individual subject to conservatorship, at some future time, may
Page 120, Line 1be fully self-sufficient and able to manage the individual's financial affairs and the conservatorship estate;
Page 120, Line 2(II) The accustomed standard of living of the individual
Page 120, Line 3subject to conservatorship and individual who is dependent on the individual subject to conservatorship;
Page 120, Line 4(III) Other funds or source used for the support of the individual subject to conservatorship; and
Page 120, Line 5(IV) The preferences, values, and prior directions of the individual subject to conservatorship.
Page 120, Line 6(d) Funds expended or distributed pursuant to this section
Page 120, Line 7may be paid by the conservator to any person, including the
Page 120, Line 8individual subject to conservatorship, as reimbursement for
Page 120, Line 9expenditures the conservator might have made, or in advance
Page 120, Line 10for services to be provided to the individual subject to
Page 120, Line 11conservatorship or individual who is dependent on the individual
Page 120, Line 12subject to conservatorship if it is reasonable to expect the
Page 120, Line 13services will be performed and advance payment is customary or reasonably necessary under the circumstances.
Page 120, Line 1415-14.7-423. Conservator's report and accounting -
Page 120, Line 15monitoring. (1) A conservator shall file with the court a report
Page 120, Line 16in a record regarding the administration of the conservatorship
Page 120, Line 17estate annually unless the court otherwise directs, on
Page 120, Line 18resignation or removal, on termination of the conservatorship, and at any other time the court directs.
Page 120, Line 19(2) A report pursuant to subsection (1) of this section must state or contain:
Page 120, Line 20(a) An accounting that lists property included in the
Page 121, Line 1conservatorship estate and the receipts, disbursements,
Page 121, Line 2liabilities, and distributions during the period for which the report is made;
Page 121, Line 3(b) A list of the services provided to the individual subject to conservatorship;
Page 121, Line 4(c) A copy of the conservator's most recently approved
Page 121, Line 5plan and a statement whether the conservator has deviated
Page 121, Line 6from the plan and, if so, how the conservator has deviated and why;
Page 121, Line 7(d) A recommendation as to the need for continued
Page 121, Line 8conservatorship and any recommended change in the scope of the conservatorship;
Page 121, Line 9(e) To the extent feasible, a copy of the most recent
Page 121, Line 10reasonably available financial statements evidencing the
Page 121, Line 11status of bank accounts, investment accounts, and mortgages
Page 121, Line 12or other debts of the individual subject to conservatorship with
Page 121, Line 13all but the last four digits of the account numbers and social security number redacted;
Page 121, Line 14(f) Anything of more than de minimis value which the
Page 121, Line 15conservator, any individual who resides with the conservator,
Page 121, Line 16or the spouse, domestic partner, parent, child, or sibling of the
Page 121, Line 17conservator has received from a person providing goods or services to the individual subject to conservatorship;
Page 121, Line 18(g) Any business relation the conservator has with a
Page 121, Line 19person the conservator has paid or that has benefitted from the property of the individual subject to conservatorship; and
Page 121, Line 20(h) Whether any co-conservator or successor
Page 122, Line 1conservator appointed to serve when a designated event occurs is alive and able to serve.
Page 122, Line 2(3) The court may appoint a visitor to review a report
Page 122, Line 3pursuant to this section or conservator's plan pursuant to
Page 122, Line 4section 15-14.7-419, interview the individual subject to
Page 122, Line 5conservatorship or conservator, or investigate any other
Page 122, Line 6matter involving the conservatorship. In connection with the
Page 122, Line 7report, the court may order the conservator to submit the
Page 122, Line 8conservatorship estate to appropriate examination in a manner the court directs.
Page 122, Line 9(4) Notice of the filing pursuant to this section of a
Page 122, Line 10conservator's report, together with a copy of the report, must
Page 122, Line 11be provided to the individual subject to conservatorship, a
Page 122, Line 12person entitled to notice pursuant to section 15-14.7-411 or a
Page 122, Line 13subsequent order, and other persons the court determines. The
Page 122, Line 14notice and report must be given not later than fourteen days after filing.
Page 122, Line 15(5) The court shall establish procedures for monitoring
Page 122, Line 16a report submitted pursuant to this section and review each report at least annually to determine whether:
Page 122, Line 17(a) The reports provide sufficient information to establish the conservator has complied with the conservator's duties;
Page 122, Line 18(b) The conservatorship should continue; and
Page 122, Line 19(c) The conservator's requested fees, if any, are reasonable pursuant to section 15-10-603.
Page 122, Line 20(6) If the court determines there is reason to believe a
Page 122, Line 21conservator has not complied with the conservator's duties or the conservatorship should not continue, the court:
Page 123, Line 1(a) Shall notify the individual subject to conservatorship,
Page 123, Line 2the conservator, and any other person entitled to notice pursuant to section 15-14.7-411 or a subsequent order;
Page 123, Line 3(b) May require additional information from the conservator;
Page 123, Line 4(c) May appoint a visitor to interview the individual
Page 123, Line 5subject to conservatorship or conservator or investigate any matter involving the conservatorship; and
Page 123, Line 6(d) Consistent with sections 15-14.7-430 and 15-14.7-431,
Page 123, Line 7may hold a hearing to consider removal of the conservator,
Page 123, Line 8termination of the conservatorship, or a change in the powers granted to the conservator or terms of the conservatorship.
Page 123, Line 9(7) If the court has reason to believe fees requested by a
Page 123, Line 10conservator are not reasonable, the court shall hold a hearing
Page 123, Line 11pursuant to section 15-14.7-113 to determine whether to adjust the requested fees.
Page 123, Line 12(8) A conservator may petition the court for approval of
Page 123, Line 13a report filed pursuant to this section. The court after review
Page 123, Line 14may approve the report. If the court approves the report, there
Page 123, Line 15is a rebuttable presumption the report is accurate as to a matter adequately disclosed in the report.
Page 123, Line 16(9) An order, after notice and hearing, approving an
Page 123, Line 17interim report of a conservator filed pursuant to this section
Page 123, Line 18adjudicates liabilities concerning a matter adequately
Page 123, Line 19disclosed in the report, as to a person given notice of the report
Page 123, Line 20or accounting.
Page 124, Line 1(10) An order, after notice and hearing, approving a final
Page 124, Line 2report filed pursuant to this section discharges the
Page 124, Line 3conservator from all liabilities, claims, and causes of action by
Page 124, Line 4a person given notice of the report and the hearing as to a matter adequately disclosed in the report.
Page 124, Line 515-14.7-424. Attempted transfer of property by individual
Page 124, Line 6subject to conservatorship. (1) The interest of an individual
Page 124, Line 7subject to conservatorship in property included in the
Page 124, Line 8conservatorship estate is not transferrable or assignable by
Page 124, Line 9the individual and is not subject to levy, garnishment, or similar
Page 124, Line 10process for claims against the individual unless allowed pursuant to section 15-14.7-428.
Page 124, Line 11(2) If an individual subject to conservatorship enters into
Page 124, Line 12a contract after having the right to enter the contract
Page 124, Line 13removed by the court, the contract is void against the
Page 124, Line 14individual and the individual's property but is enforceable against the person that contracted with the individual.
Page 124, Line 15(3) A person other than the conservator that deals with
Page 124, Line 16an individual subject to conservatorship with respect to
Page 124, Line 17property included in the conservatorship estate is entitled to
Page 124, Line 18protection provided by law of this state other than this article 14.7.
Page 124, Line 1915-14.7-425. Transaction involving conflict of interest.A
Page 124, Line 20transaction involving a conservatorship estate which is
Page 124, Line 21affected by a substantial conflict between the conservator's
Page 124, Line 22fiduciary duties and personal interests is voidable unless the
Page 124, Line 23transaction is authorized by court order after notice to
Page 125, Line 1persons entitled to notice pursuant to section 15-14.7-411 or a
Page 125, Line 2subsequent order. A transaction affected by a substantial
Page 125, Line 3conflict includes a sale, encumbrance, or other transaction
Page 125, Line 4involving the conservatorship estate entered into by the
Page 125, Line 5conservator; an individual with whom the conservator resides;
Page 125, Line 6the spouse, domestic partner, descendant, sibling, agent, or
Page 125, Line 7attorney of the conservator; or a corporation or other
Page 125, Line 8enterprise in which the conservator has a substantial beneficial interest.
Page 125, Line 915-14.7-426. Protection of person dealing with conservator.
Page 125, Line 10(1) A person that assists or deals with a conservator in good
Page 125, Line 11faith and for value in any transaction, other than a
Page 125, Line 12transaction requiring a court order pursuant to section
Page 125, Line 1315-14.7-414, is protected as though the conservator properly
Page 125, Line 14exercised any power in question. Knowledge by a person that the
Page 125, Line 15person is dealing with a conservator alone does not require the
Page 125, Line 16person to inquire into the existence of authority of the
Page 125, Line 17conservator or the propriety of the conservator's exercise of
Page 125, Line 18authority, but restrictions on authority stated in letters of
Page 125, Line 19office, or otherwise provided by law, are effective as to the
Page 125, Line 20person. A person that pays or delivers property to a
Page 125, Line 21conservator is not responsible for proper application of the property.
Page 125, Line 22(2) Protection pursuant to subsection (1) of this section
Page 125, Line 23extends to a procedural irregularity or jurisdictional defect in
Page 125, Line 24the proceeding leading to the issuance of letters of office and
Page 125, Line 25does not substitute for protection for a person that assists or
Page 126, Line 1deals with a conservator provided by comparable provisions in
Page 126, Line 2law of this state other than this article 14.7 relating to a
Page 126, Line 3commercial transaction or simplifying a transfer of securities by a fiduciary.
Page 126, Line 415-14.7-427. Death of individual subject to conservatorship.
Page 126, Line 5(1) If an individual subject to conservatorship dies, the
Page 126, Line 6conservator shall deliver to the court for safekeeping any will
Page 126, Line 7of the individual in the conservator's possession and inform the
Page 126, Line 8personal representative named in the will if feasible, or if not feasible, a beneficiary named in the will, of the delivery.
Page 126, Line 9(2) If forty days after the death of an individual subject
Page 126, Line 10to conservatorship a personal representative has not been
Page 126, Line 11appointed and application or petition for appointment is not
Page 126, Line 12before the court, the conservator may apply to exercise the
Page 126, Line 13powers and duties of a personal representative to administer
Page 126, Line 14and distribute the decedent's estate. The conservator shall give
Page 126, Line 15notice to a person nominated as personal representative by a
Page 126, Line 16will of the decedent of which the conservator is aware. The
Page 126, Line 17court may grant the application if there is no objection and
Page 126, Line 18endorse the letters of office to note that the individual
Page 126, Line 19formerly subject to conservatorship is deceased and the
Page 126, Line 20conservator has acquired the powers and duties of a personal representative.
Page 126, Line 21(3) Issuance of an order pursuant to this section has the
Page 126, Line 22effect of an order of appointment of a personal representative pursuant to section 15-12-414.
Page 126, Line 23(4) On the death of an individual subject to
Page 127, Line 1conservatorship, the conservator shall conclude the
Page 127, Line 2administration of the conservatorship estate as provided in section 15-14.7-431.
Page 127, Line 315-14.7-428. Presentation and allowance of claim. (1) A
Page 127, Line 4conservator may pay, or secure by encumbering property
Page 127, Line 5included in the conservatorship estate, a claim against the
Page 127, Line 6conservatorship estate or the individual subject to
Page 127, Line 7conservatorship arising before or during the conservatorship,
Page 127, Line 8on presentation and allowance in accordance with the priorities
Page 127, Line 9pursuant to subsection (4) of this section. A claimant may present a claim by:
Page 127, Line 10(a) Sending or delivering to the conservator a statement
Page 127, Line 11in a record of the claim, indicating its basis, the name and address of the claimant, and the amount claimed; or
Page 127, Line 12(b) Filing the claim with the court, in a form acceptable to
Page 127, Line 13the court, and sending or delivering a copy of the claim to the conservator.
Page 127, Line 14(2) A claim pursuant to subsection (1) of this section is
Page 127, Line 15presented on receipt by the conservator of the statement of the
Page 127, Line 16claim or the filing with the court of the claim, whichever first
Page 127, Line 17occurs. A presented claim is allowed if it is not disallowed in
Page 127, Line 18whole or in part by the conservator in a record sent or
Page 127, Line 19delivered to the claimant not later than sixty days after its
Page 127, Line 20presentation. Before payment, the conservator may change an
Page 127, Line 21allowance of the claim to a disallowance in whole or in part,
Page 127, Line 22but not after allowance under a court order or order directing
Page 127, Line 23payment of the claim. Presentation of a claim tolls until thirty
Page 128, Line 1days after disallowance of the claim or the running of a
Page 128, Line 2statute of limitations that has not expired relating to the claim.
Page 128, Line 3(3) A claimant whose claim pursuant to subsection (1) of
Page 128, Line 4this section has not been paid may petition the court to
Page 128, Line 5determine the claim at any time before it is barred by a statute
Page 128, Line 6of limitations, and the court may order its allowance, payment,
Page 128, Line 7or security by encumbering property included in the
Page 128, Line 8conservatorship estate. If a proceeding is pending against the
Page 128, Line 9individual subject to conservatorship at the time of appointment
Page 128, Line 10of the conservator or is initiated thereafter, the moving party
Page 128, Line 11shall give the conservator notice of the proceeding if it could result in creating a claim against the conservatorship estate.
Page 128, Line 12(4) If a conservatorship estate is likely to be exhausted
Page 128, Line 13before all existing claims are paid, the conservator shall
Page 128, Line 14distribute the estate in money or in kind in payment of claims in the following order:
Page 128, Line 15(a) Costs and expenses of administration;
Page 128, Line 16(b) A claim of the federal or state government having priority under law other than this article 14.7;
Page 128, Line 17(c) A claim incurred by the conservator for support, care,
Page 128, Line 18education, health, or welfare previously provided to the
Page 128, Line 19individual subject to conservatorship or an individual who is in fact dependent on the individual subject to conservatorship;
Page 128, Line 20(d) A claim arising before the conservatorship; and
(e) All other claims.
Page 128, Line 21(5) Preference may not be given in the payment of a claim
Page 129, Line 1pursuant to subsection (4) of this section over another claim of
Page 129, Line 2the same class. A claim due and payable may not be preferred over a claim not due unless:
Page 129, Line 3(a) Doing so would leave the conservatorship estate
Page 129, Line 4without sufficient funds to pay the basic living and health-care expenses of the individual subject to conservatorship; and
Page 129, Line 5(b) The court authorizes the preference pursuant to section 15-14.7-414.
Page 129, Line 6(6) If assets of a conservatorship estate are adequate to
Page 129, Line 7meet all existing claims, the court, acting in the best interest of
Page 129, Line 8the individual subject to conservatorship, may order the
Page 129, Line 9conservator to grant a security interest in the conservatorship estate for payment of a claim at a future date.
Page 129, Line 1015-14.7-429. Personal liability of conservator. (1) Except as
Page 129, Line 11otherwise agreed by a conservator, the conservator is not
Page 129, Line 12personally liable on a contract properly entered into in a
Page 129, Line 13fiduciary capacity in the course of administration of the
Page 129, Line 14conservatorship estate unless the conservator fails to reveal
Page 129, Line 15the conservator's representative capacity in the contract or before entering into the contract.
Page 129, Line 16(2) A conservator is personally liable for an obligation
Page 129, Line 17arising from control of property of the conservatorship estate
Page 129, Line 18or an act or omission occurring in the course of administration
Page 129, Line 19of the conservatorship estate only if the conservator is personally at fault.
Page 129, Line 20(3) A claim based on a contract entered into by a
Page 129, Line 21conservator in a fiduciary capacity, an obligation arising from
Page 130, Line 1control of property included in the conservatorship estate, or
Page 130, Line 2a tort committed in the course of administration of the
Page 130, Line 3conservatorship estate may be asserted against the
Page 130, Line 4conservatorship estate in a proceeding against the conservator
Page 130, Line 5in a fiduciary capacity, whether or not the conservator is personally liable for the claim.
Page 130, Line 6(4) A question of liability between a conservatorship
Page 130, Line 7estate and the conservator personally may be determined in a
Page 130, Line 8proceeding for accounting, surcharge, or indemnification or another appropriate proceeding or action.
Page 130, Line 915-14.7-430. Removal of conservator - appointment of
Page 130, Line 10successor. (1) The court may remove a conservator for failure
Page 130, Line 11to perform the conservator's duties or other good cause and
Page 130, Line 12appoint a successor conservator to assume the duties of the conservator pursuant to section 15-14.7-418.
Page 130, Line 13(2) The court shall hold a hearing to determine whether to remove a conservator and appoint a successor on:
Page 130, Line 14(a) Petition of the individual subject to conservatorship,
Page 130, Line 15conservator, or person interested in the welfare of the
Page 130, Line 16individual which contains allegations that, if true, would
Page 130, Line 17support a reasonable belief that removal of the conservator
Page 130, Line 18and appointment of a successor may be appropriate, but the
Page 130, Line 19court may decline to hold a hearing if a petition based on the
Page 130, Line 20same or substantially similar facts was filed during the preceding six months;
Page 130, Line 21(b) Communication, pursuant to section 15-14.7-127, from
Page 130, Line 22the individual subject to conservatorship, conservator, or
Page 131, Line 1person interested in the welfare of the individual which supports
Page 131, Line 2a reasonable belief that removal of the conservator and appointment of a successor may be appropriate; or
Page 131, Line 3(c) Determination by the court that a hearing would be in the best interest of the individual subject to conservatorship.
Page 131, Line 4(3) Notice of a hearing pursuant to section 15-14.7-113
Page 131, Line 5must be personally served on the individual subject to
Page 131, Line 6conservatorship and given pursuant to section 15-10-401 to the conservator and any other person the court determines.
Page 131, Line 7(4) An individual subject to conservatorship who seeks to
Page 131, Line 8remove the conservator and have a successor appointed has the
Page 131, Line 9right to choose an attorney to represent the individual in this
Page 131, Line 10matter. If the individual is not represented by an attorney, the
Page 131, Line 11court shall appoint an attorney under the same conditions as set forth in section 15-14.7-406.
Page 131, Line 12(5) In selecting a successor conservator, the court shall follow the priorities pursuant to section 15-14.7-410.
Page 131, Line 13(6) Not later than thirty days after appointing a
Page 131, Line 14successor conservator, the court shall give notice, pursuant to
Page 131, Line 15section 15-10-401, of the appointment to the individual subject to
Page 131, Line 16conservatorship and any person entitled to notice pursuant to section 15-14.7-411 or a subsequent order.
Page 131, Line 1715-14.7-431. Termination or modification of conservatorship. (1) A conservatorship for a minor terminates on the earliest of:
Page 131, Line 18(a) A court order terminating the conservatorship;
Page 131, Line 19(b) The minor becoming an adult or, if the minor consents
Page 131, Line 20or the court finds by clear and convincing evidence that
Page 132, Line 1substantial harm to the minor's interests is otherwise likely, attaining twenty-one years of age;
Page 132, Line 2(c) Emancipation of the minor; or
(d) Death of the minor.
Page 132, Line 3(2) A conservatorship for an adult terminates on order of the court or when the adult dies.
Page 132, Line 4(3) An individual subject to conservatorship, the
Page 132, Line 5conservator, or a person interested in the welfare of the individual may petition for:
Page 132, Line 6(a) Termination of the conservatorship on the ground
Page 132, Line 7that a basis for appointment pursuant to section 15-14.7-401 does
Page 132, Line 8not exist or termination would be in the best interest of the individual or for other good cause; or
Page 132, Line 9(b) Modification of the conservatorship on the ground
Page 132, Line 10that the extent of protection or assistance granted is not appropriate or for other good cause.
Page 132, Line 11(4) The court shall hold a hearing to determine whether
Page 132, Line 12termination or modification of a conservatorship is appropriate on:
Page 132, Line 13(a) Petition pursuant to subsection (3) of this section
Page 132, Line 14which contains allegations that, if true, would support a
Page 132, Line 15reasonable belief that termination or modification of the
Page 132, Line 16conservatorship may be appropriate, but the court may decline
Page 132, Line 17to hold a hearing if a petition based on the same or
Page 132, Line 18substantially similar facts was filed within the preceding six months;
Page 132, Line 19(b) A communication, pursuant to section 15-14.7-127, from
Page 133, Line 1the individual subject to conservatorship, the conservator, or
Page 133, Line 2person interested in the welfare of the individual which supports
Page 133, Line 3a reasonable belief that termination or modification of the
Page 133, Line 4conservatorship may be appropriate, including because the
Page 133, Line 5functional needs of the individual or supports or services available to the individual have changed;
Page 133, Line 6(c) A report from a guardian or conservator which
Page 133, Line 7indicates that termination or modification may be appropriate
Page 133, Line 8because the functional needs or supports or services available
Page 133, Line 9to the individual have changed or a protective arrangement
Page 133, Line 10instead of conservatorship or other less restrictive alternative is available; or
Page 133, Line 11(d) A determination by the court that a hearing would be in the best interest of the individual.
Page 133, Line 12(5) Notice of a petition pursuant to subsection (3) of this
Page 133, Line 13section must be given to the individual subject to
Page 133, Line 14conservatorship, the conservator, and any such other person the court determines.
Page 133, Line 15(6) On presentation of prima facie evidence for
Page 133, Line 16termination of a conservatorship, the court shall order
Page 133, Line 17termination unless it is proven that a basis for appointment of a conservator pursuant to section 15-14.7-401 exists.
Page 133, Line 18(7) The court shall modify the powers granted to a
Page 133, Line 19conservator if the powers are excessive or inadequate due to a
Page 133, Line 20change in the abilities or limitations of the individual subject to
Page 133, Line 21conservatorship, the individual's supports, or other
Page 133, Line 22circumstances.
Page 134, Line 1(8) Unless the court otherwise orders for good cause,
Page 134, Line 2before terminating a conservatorship, the court shall follow
Page 134, Line 3the same procedures to safeguard the rights of the individual
Page 134, Line 4subject to conservatorship which apply to a petition for conservatorship.
Page 134, Line 5(9) An individual subject to conservatorship who seeks to
Page 134, Line 6terminate or modify the terms of the conservatorship has the
Page 134, Line 7right to choose an attorney to represent the individual in this
Page 134, Line 8matter. If the individual is not represented by an attorney, the
Page 134, Line 9court shall appoint an attorney under the same conditions as set forth in section 15-14.7-406.
Page 134, Line 10(10) On termination of a conservatorship other than by
Page 134, Line 11reason of the death of the individual subject to
Page 134, Line 12conservatorship, property of the conservatorship estate passes
Page 134, Line 13to the individual. The order of termination must direct the
Page 134, Line 14conservator to file a final report and petition for discharge on approval by the court of the final report.
Page 134, Line 15(11) On termination of a conservatorship by reason of the
Page 134, Line 16death of the individual subject to conservatorship, the
Page 134, Line 17conservator promptly shall file a final report and petition for
Page 134, Line 18discharge on approval by the court of the final report. On
Page 134, Line 19approval of the final report, the conservator shall proceed
Page 134, Line 20expeditiously to distribute the conservatorship estate to the
Page 134, Line 21individual's estate or as otherwise ordered by the court. The
Page 134, Line 22conservator may take reasonable measures necessary to
Page 134, Line 23preserve the conservatorship estate until distribution can be
Page 134, Line 24made.
Page 135, Line 1(12) The court shall issue a final order of discharge on
Page 135, Line 2the approval by the court of the final report and satisfaction
Page 135, Line 3by the conservator of any other condition the court imposed on the conservator's discharge.
Page 135, Line 4(13) The following provisions apply in a contested termination proceeding concerning a minor:
Page 135, Line 5(a) The conservator may file a written report to the
Page 135, Line 6court regarding any matter relevant to the termination
Page 135, Line 7proceeding, and the conservator may file a motion for
Page 135, Line 8instructions regarding any relevant matter, including, but not limited to:
Page 135, Line 9(I) Whether an attorney, guardian ad litem, or visitor must be appointed for the minor;
Page 135, Line 10(II) Whether any further investigation or professional
Page 135, Line 11evaluation of the minor must be conducted, the scope of the
Page 135, Line 12investigation or professional evaluation, and when the investigation or professional evaluation must be completed; and
Page 135, Line 13(III) Whether the conservator must be involved in the termination proceedings and, if so, to what extent;
Page 135, Line 14(b) If the conservator elects to file a written report or
Page 135, Line 15a motion for instructions, the conservator shall file initial
Page 135, Line 16pleadings within twenty-one days after the petition to
Page 135, Line 17terminate is filed. Any person interested in the welfare of the
Page 135, Line 18minor has fourteen days after the initial pleadings are filed to
Page 135, Line 19file a response. If a response is filed, the conservator has seven
Page 135, Line 20days after the response is filed to file a reply. If a motion for
Page 135, Line 21instructions is filed by the conservator as the conservator's
Page 136, Line 1initial pleading, the court must rule on the motion before the
Page 136, Line 2petition for termination of the conservatorship is set for
Page 136, Line 3hearing. Unless a hearing on the motion for instructions is
Page 136, Line 4requested by the court, the court may rule on the pleadings
Page 136, Line 5without a hearing after the time period for the filing of the last
Page 136, Line 6responsive pleading has expired. After the filing of the
Page 136, Line 7conservator's initial motion for instructions, the conservator may file subsequent motions for instruction, as appropriate.
Page 136, Line 8(c) Except for the actions authorized in subsection (13)(a),
Page 136, Line 9(13)(b), or (13)(e) of this section, or as otherwise ordered by the
Page 136, Line 10court, the conservator shall not take any action to oppose or
Page 136, Line 11interfere in the termination proceeding. The filing of the initial
Page 136, Line 12or subsequent motion for instructions by the conservator must not alone be deemed opposition or interference.
Page 136, Line 13(d) Unless ordered by the court, the conservator does
Page 136, Line 14not have a duty to participate in the termination proceeding,
Page 136, Line 15and the conservator does not incur liability for filing the
Page 136, Line 16report or motion for instruction or for failing to participate in the proceeding;
Page 136, Line 17(e) Nothing in this subsection (13) prevents:
Page 136, Line 18(I) The court, on its own motion, and regardless of
Page 136, Line 19whether the conservator has filed a report or motion for
Page 136, Line 20instructions, from ordering the conservator to take any action
Page 136, Line 21that the court deems appropriate or from appointing an attorney, guardian ad litem, visitor, or professional evaluator;
Page 136, Line 22(II) The court from ordering the conservator to appear at
Page 136, Line 23the termination proceeding and give testimony; or
Page 137, Line 1(III) Any person interested in the welfare of the minor
Page 137, Line 2from calling the conservator as a witness in the termination proceeding; and
Page 137, Line 3(f) Any individual who has been appointed as a
Page 137, Line 4conservator, and is also a person interested in the welfare of
Page 137, Line 5the minor, and who wants to participate in the termination
Page 137, Line 6proceeding in the individual's individual capacity and not in the
Page 137, Line 7individual's fiduciary capacity, may do so without restriction or
Page 137, Line 8limitation. The payment of any fees and costs to that individual
Page 137, Line 9related to the individual's decision to participate in the
Page 137, Line 10termination proceeding is governed by section 15-10-602 (7) and not by section 15-10-602 (1).
Page 137, Line 1115-14.7-432. Transfer for benefit of minor without
Page 137, Line 12appointment of conservator. (1) Unless a person required to
Page 137, Line 13transfer funds or other property to a minor knows that a
Page 137, Line 14conservator for the minor has been appointed or a proceeding is
Page 137, Line 15pending for conservatorship, the person may transfer an amount
Page 137, Line 16or value not exceeding fifteen thousand dollars in a twelve-month period to:
Page 137, Line 17(a) A person that has care or custody of the minor and with whom the minor resides;
Page 137, Line 18(b) A guardian for the minor;
Page 137, Line 19(c) A custodian pursuant to the "Colorado Uniform
Page 137, Line 20Transfers to Minors Act" or "Uniform Gifts to Minors Act", part 1 of article 50 of title 11; or
Page 137, Line 21(d) A financial institution as a deposit in an
Page 137, Line 22interest-bearing account or certificate solely in the name of
Page 138, Line 1the minor and shall give notice, pursuant to section 15-10-401, to the minor of the deposit.
Page 138, Line 2(2) A person that transfers funds or other property
Page 138, Line 3pursuant to this section is not responsible for its proper application.
Page 138, Line 4(3) A person that receives funds or other property for a
Page 138, Line 5minor pursuant to subsection (1)(a) or (1)(b) of this section may
Page 138, Line 6apply it only to the support, care, education, health, or welfare
Page 138, Line 7of the minor, and may not derive a personal financial benefit
Page 138, Line 8from it, except for reimbursement for necessary expenses. Funds
Page 138, Line 9not applied for these purposes must be preserved for the future
Page 138, Line 10support, care, education, health, or welfare of the minor, and
Page 138, Line 11the balance, if any, transferred to the minor when the minor becomes an adult or otherwise is emancipated.
Page 138, Line 1215-14.7-433. Effect of conservator's action on third parties.A
Page 138, Line 13conservator's ratification or invalidation of a contract, trust,
Page 138, Line 14will, or other transaction, including a transaction related to
Page 138, Line 15the property or business affairs of the respondent pursuant to
Page 138, Line 16this article 14.7, is not binding on an interested person, as defined in section 15-10-201, without notice.
Page 138, Line 17PART 5
OTHER PROTECTIVE ARRANGEMENTS
Page 138, Line 1815-14.7-501. Authority for protective arrangement. (1) Pursuant to this part 14.7, a court:
Page 138, Line 19(a) On receiving a petition for a guardianship for an adult
Page 138, Line 20may order a protective arrangement instead of guardianship as
Page 138, Line 21a less restrictive alternative to guardianship; and
Page 139, Line 1(b) On receiving a petition for a conservatorship for an
Page 139, Line 2individual may order a protective arrangement instead of
Page 139, Line 3conservatorship as a less restrictive alternative to conservatorship.
Page 139, Line 4(2) A person interested in an adult's welfare, including
Page 139, Line 5the adult or a conservator for the adult, may petition pursuant
Page 139, Line 6to this part 14.7 for a protective arrangement instead of guardianship.
Page 139, Line 7(3) The following persons may petition pursuant to this
Page 139, Line 8part 14.7 for a protective arrangement instead of conservatorship:
Page 139, Line 9(a) The individual for whom the protective arrangement is sought;
Page 139, Line 10(b) A person interested in the property, financial affairs,
Page 139, Line 11or welfare of the individual, including a person who would be
Page 139, Line 12affected adversely by lack of effective management of property or financial affairs of the individual; and
Page 139, Line 13(c) The guardian for the individual.
Page 139, Line 1415-14.7-502. Basis for protective arrangement instead of
Page 139, Line 15guardianship for adult. (1) After the hearing on a petition held
Page 139, Line 16pursuant to section 15-14.7-302 for a guardianship or held
Page 139, Line 17pursuant to section 15-14.7-501(2) for a protective arrangement
Page 139, Line 18instead of guardianship, the court may issue an order pursuant
Page 139, Line 19to subsection (2) of this section for a protective arrangement
Page 139, Line 20instead of guardianship if the court finds by clear and convincing evidence that:
Page 139, Line 21(a) The respondent lacks the ability to meet essential
Page 140, Line 1requirements for health, safety, or welfare because the
Page 140, Line 2respondent is unable to receive and evaluate information or
Page 140, Line 3make or communicate decisions, even with appropriate supportive
Page 140, Line 4services, technological assistance, or supported decision- making; and
Page 140, Line 5(b) The respondent's identified needs cannot be met by a less restrictive alternative.
Page 140, Line 6(2) If the court makes the findings pursuant to subsection
Page 140, Line 7(1) of this section, the court, instead of appointing a guardian, may:
Page 140, Line 8(a) Authorize or direct a transaction necessary to meet the respondent's need for health, safety, or care, including:
Page 140, Line 9(I) A particular medical treatment or refusal of a particular medical treatment;
Page 140, Line 10(II) A move to a specified place of dwelling; or
Page 140, Line 11(III) Visitation or supervised visitation between the respondent and another person;
Page 140, Line 12(b) Restrict access to the respondent by a specified person
Page 140, Line 13whose access places the respondent at substantial risk of physical, psychological, or financial harm; and
Page 140, Line 14(c) Order other arrangements on a limited basis that are appropriate.
Page 140, Line 15(3) In deciding whether to issue an order pursuant to this
Page 140, Line 16section, the court shall consider the factors described in
Page 140, Line 17sections 15-14.7-313 and 15-14.7-314 which a guardian must
Page 140, Line 18consider when making a decision on behalf of an adult subject to
Page 140, Line 19guardianship.
Page 141, Line 115-14.7-503. Basis for protective arrangement instead of
Page 141, Line 2conservatorship. (1) After the hearing on a petition held
Page 141, Line 3pursuant to section 15-14.7-402 for conservatorship for an adult
Page 141, Line 4or held pursuant to section 15-14.7-501(3) for a protective
Page 141, Line 5arrangement instead of conservatorship for an adult, the court
Page 141, Line 6may issue an order pursuant to subsection (3) of this section for
Page 141, Line 7a protective arrangement instead of conservatorship for the adult if the court finds by clear and convincing evidence that:
Page 141, Line 8(a) The adult is unable to manage property or financial affairs because:
Page 141, Line 9(I) Of a limitation in the ability to receive and evaluate
Page 141, Line 10information or make or communicate decisions, even with
Page 141, Line 11appropriate supportive services, technological assistance, or supported decision-making; or
Page 141, Line 12(II) The adult is missing, detained, or unable to return to the United States;
Page 141, Line 13(b) An order pursuant to subsection (3) of this section is necessary to:
Page 141, Line 14(I) Avoid financial harm to the adult or material dissipation of the property of the adult; or
Page 141, Line 15(II) Obtain or provide funds or other property needed for
Page 141, Line 16the support, care, education, health, or welfare of the adult or an individual entitled to the adult's support; and
Page 141, Line 17(c) The respondent's identified needs cannot be met by a less restrictive alternative.
Page 141, Line 18(2) After the hearing on a petition held pursuant to
Page 141, Line 19section 15-14.7-402 for conservatorship for a minor or held
Page 142, Line 1pursuant to section 15-14.7-501 for a protective arrangement
Page 142, Line 2instead of conservatorship for a minor, the court may issue an
Page 142, Line 3order pursuant to subsection (3) of this section for a protective
Page 142, Line 4arrangement instead of conservatorship for the respondent if
Page 142, Line 5the court finds by a preponderance of the evidence that the arrangement is in the minor's best interest, and:
Page 142, Line 6(a) If the minor has a parent, the court gives weight to any
Page 142, Line 7recommendation of the parent whether an arrangement is in the minor's best interest;
Page 142, Line 8(b) Either:
Page 142, Line 9(I) The minor owns money or property requiring management or protection that otherwise cannot be provided;
Page 142, Line 10(II) The minor has or may have financial affairs that may
Page 142, Line 11be put at unreasonable risk or hindered because of the minor's age; or
Page 142, Line 12(III) The arrangement is necessary or desirable to obtain
Page 142, Line 13or provide funds or other property needed for the support, care, education, health, or welfare of the minor; and
Page 142, Line 14(c) The order pursuant to subsection (3) of this section is
Page 142, Line 15necessary or desirable to obtain or provide money needed for the support, care, education, health, or welfare of the minor.
Page 142, Line 16(3) If the court makes the findings pursuant to subsection
Page 142, Line 17(1) or (2) of this section, the court, instead of appointing a conservator, may:
Page 142, Line 18(a) Authorize or direct a transaction necessary to
Page 142, Line 19protect the financial interest or property of the respondent,
Page 142, Line 20including:
(I) An action to establish eligibility for benefits;
Page 143, Line 1(II) Payment, delivery, deposit, or retention of funds or property;
Page 143, Line 2(III) Sale, mortgage, lease, or other transfer of property;
(IV) Purchase of an annuity;
Page 143, Line 3(V) Entry into a contractual relationship, including a
Page 143, Line 4contract to provide for personal care, supportive services, education, training, or employment;
Page 143, Line 5(VI) Addition to or establishment of a trust;
Page 143, Line 6(VII) Ratification or invalidation of a contract, trust,
Page 143, Line 7will, or other transaction, including a transaction related to the property or business affairs of the respondent; or
Page 143, Line 8(VIII) Settlement of a claim; or
Page 143, Line 9(b) Restrict access to the respondent's property by a
Page 143, Line 10specified person whose access to the property places the respondent at substantial risk of financial harm.
Page 143, Line 11(4) After the hearing on a petition held pursuant to
Page 143, Line 12section 15-14.7-501(1) or 15-14.7-501(3), whether or not the court
Page 143, Line 13makes the findings pursuant to subsection (1) or (2) of this
Page 143, Line 14section, the court may issue an order to restrict access to the
Page 143, Line 15respondent or the respondent's property by a specified person who the court finds by clear and convincing evidence:
Page 143, Line 16(a) Through fraud, coercion, duress, or the use of
Page 143, Line 17deception and control caused or attempted to cause an action
Page 143, Line 18that would have resulted in financial harm to the respondent or the respondent's property; and
Page 143, Line 19(b) Poses a serious risk of substantial financial harm to the respondent or the respondent's property.
Page 144, Line 1(5) Before issuing an order pursuant to subsection (3) or
Page 144, Line 2(4) of this section, the court shall consider the factors
Page 144, Line 3described in section 15-14.7-418 a conservator must consider
Page 144, Line 4when making a decision on behalf of an individual subject to conservatorship.
Page 144, Line 5(6) Before issuing an order pursuant to subsection (3) or
Page 144, Line 6(4) of this section for a respondent who is a minor, the court also
Page 144, Line 7shall consider the best interest of the minor, the preference of
Page 144, Line 8the parents of the minor, and the preference of the minor, if the minor is twelve years of age or older.
Page 144, Line 915-14.7-504. Petition for protective arrangement. (1) A
Page 144, Line 10petition for a protective arrangement instead of guardianship
Page 144, Line 11or conservatorship must state the petitioner's name, principal
Page 144, Line 12residence, current street address, if different, relationship to
Page 144, Line 13the respondent, interest in the protective arrangement, the
Page 144, Line 14name and address of any attorney representing the petitioner, and, to the extent known, the following:
Page 144, Line 15(a) The respondent's name, age, principal residence,
Page 144, Line 16current street address, if different, and, if different, address of
Page 144, Line 17the dwelling in which it is proposed the respondent will reside if the petition is granted;
Page 144, Line 18(b) The name and address of the respondent's:
Page 144, Line 19(I) Spouse or domestic partner or, if the respondent has
Page 144, Line 20none, an adult with whom the respondent has shared household
Page 144, Line 21responsibilities for more than six months in the twelve-month
Page 144, Line 22period before the filing of the petition;
Page 145, Line 1(II) Adult children or, if none, each parent and adult sibling of the respondent; and
Page 145, Line 2(III) Adult stepchildren whom the respondent actively
Page 145, Line 3parented during the stepchildrens' minor years and with whom
Page 145, Line 4the respondent had an ongoing relationship in the two year period immediately before the filing of the petition;
Page 145, Line 5(c) The name and current address of each of the following, if applicable:
Page 145, Line 6(I) A person responsible for the care or custody of the respondent;
Page 145, Line 7(II) Any attorney currently representing the respondent;
Page 145, Line 8(III) The representative payee appointed by the social security administration for the respondent;
Page 145, Line 9(IV) A guardian or conservator acting for the respondent in this state or another jurisdiction;
Page 145, Line 10(V) A trustee or custodian of a trust or custodianship of which the respondent is a beneficiary;
Page 145, Line 11(VI) The fiduciary appointed for the respondent by the department of veterans affairs;
Page 145, Line 12(VII) An agent designated under a power of attorney for health care in which the respondent is identified as the principal;
Page 145, Line 13(VIII) An agent designated under a power of attorney for finances in which the respondent is identified as the principal;
Page 145, Line 14(IX) A person nominated as guardian or conservator by the respondent if the respondent is twelve years of age or older;
Page 145, Line 15(X) A person nominated as guardian by the respondent's
Page 145, Line 16parent, spouse, or domestic partner in a will or other signed record;
Page 146, Line 1(XI) A member of the respondent's supportive community; and
Page 146, Line 2(XII) If the respondent is a minor:
Page 146, Line 3(A) An adult not otherwise listed with whom the respondent resides; and
Page 146, Line 4(B) Each person not otherwise listed that had primary
Page 146, Line 5care or custody of the respondent for at least sixty days during
Page 146, Line 6the two years immediately before the filing of the petition or
Page 146, Line 7for at least seven hundred and thirty days during the five years immediately before the filing of the petition;
Page 146, Line 8(d) The nature of the protective arrangement sought;
Page 146, Line 9(e) The reason the protective arrangement sought is necessary, including a brief description of:
Page 146, Line 10(I) The nature and extent of the respondent's alleged need;
Page 146, Line 11(II) Any less restrictive alternative for meeting the
Page 146, Line 12respondent's alleged need which has been considered or implemented;
Page 146, Line 13(III) If no less restrictive alternative has been considered
Page 146, Line 14or implemented, the reason less restrictive alternatives have not been considered or implemented; and
Page 146, Line 15(IV) The reason other less restrictive alternatives are insufficient to meet the respondent's alleged need;
Page 146, Line 16(f) The name and current address, if known, of any person
Page 146, Line 17with whom the petitioner seeks to limit the respondent's
Page 146, Line 18contact;
Page 147, Line 1(g) Whether the respondent needs an interpreter,
Page 147, Line 2translator, or other form of support to communicate effectively with the court or understand court proceedings;
Page 147, Line 3(h) If a protective arrangement instead of guardianship is
Page 147, Line 4sought and the respondent has property other than personal
Page 147, Line 5effects, a general statement of the respondent's property with
Page 147, Line 6an estimate of its value, including any insurance or pension, and
Page 147, Line 7the source and amount of any other anticipated income or receipts; and
Page 147, Line 8(i) If a protective arrangement instead of
Page 147, Line 9conservatorship is sought, a general statement of the
Page 147, Line 10respondent's property with an estimate of its value, including
Page 147, Line 11any insurance or pension, and the source and amount of other anticipated income or receipts.
Page 147, Line 1215-14.7-505. Notice and hearing. (1) On filing of a petition
Page 147, Line 13pursuant to section 15-14.7-501, the court shall set a date, time, and place for a hearing on the petition.
Page 147, Line 14(2) A copy of a petition described in section 15-14.7-501 and
Page 147, Line 15notice of a hearing on the petition must be served personally on
Page 147, Line 16the respondent. The notice must inform the respondent of the
Page 147, Line 17respondent's rights at the hearing, including the right to an
Page 147, Line 18attorney and to attend the hearing. The notice must include a
Page 147, Line 19description of the nature, purpose, and consequences of
Page 147, Line 20granting the petition. The court shall not grant the petition if
Page 147, Line 21notice substantially complying with this subsection (2) is not served on the respondent.
Page 147, Line 22(3) In a proceeding on a petition held pursuant to section
Page 148, Line 115-14.7-501, the notice required pursuant to subsection (2) of this
Page 148, Line 2section must be given, pursuant to section 15-10-401, to the
Page 148, Line 3persons required to be listed in the petition pursuant to section
Page 148, Line 415-14.7-504 (1) to 15-14.7-504 (3) and any other person interested
Page 148, Line 5in the respondent's welfare the court determines. Failure to give
Page 148, Line 6notice, as described in section 15-10-401, pursuant to this
Page 148, Line 7subsection (3) does not preclude the court from granting the petition.
Page 148, Line 8(4) If a petition filed pursuant to section 15-14.7-504 does
Page 148, Line 9not include the name of at least one person described in section
Page 148, Line 1015-14.7-504 (1)(b), the petitioner must search with reasonable
Page 148, Line 11diligence for an adult relative of the respondent and, if an
Page 148, Line 12adult relative is found, give the adult relative notice, in
Page 148, Line 13accordance with section 15-10-401, that a petition for a
Page 148, Line 14protective arrangement of the respondent has been filed and
Page 148, Line 15give notice of a hearing on the petition. The notice sent to the
Page 148, Line 16adult relative of the respondent must not include a copy of the
Page 148, Line 17petition. Failure to give notice pursuant to this subsection (4)
Page 148, Line 18does not preclude the court from appointing a protective arrangement.
Page 148, Line 19(5) After the court has ordered a protective arrangement
Page 148, Line 20pursuant to this part 5, notice of a hearing on a petition filed
Page 148, Line 21pursuant to this article 14.7, together with a copy of the
Page 148, Line 22petition, must be given to the respondent and any other person the court determines.
Page 148, Line 2315-14.7-506. Appointment and role of visitor. (1) On filing of
Page 148, Line 24a petition pursuant to section 15-14.7-501 for a protective
Page 149, Line 1arrangement instead of guardianship, the court shall appoint a
Page 149, Line 2visitor. The court shall disclose in the order appointing the
Page 149, Line 3visitor the specific training or experience the visitor has with
Page 149, Line 4respect to the type of abilities, limitations, and needs of the
Page 149, Line 5respondent alleged in the petition and the basis for fees to be paid to the visitor.
Page 149, Line 6(2) On filing of a petition pursuant to section 15-14.7-501
Page 149, Line 7for a protective arrangement instead of conservatorship for a
Page 149, Line 8minor, the court may appoint a visitor to investigate a matter
Page 149, Line 9related to the petition or inform the minor or a parent of the minor about the petition or a related matter.
Page 149, Line 10(3) On filing of a petition pursuant to section 15-14.7-501
Page 149, Line 11for a protective arrangement instead of conservatorship for an
Page 149, Line 12adult, the court shall appoint a visitor unless the respondent is
Page 149, Line 13represented by an attorney appointed by the court. The visitor
Page 149, Line 14must be an individual with training or experience in the types of abilities, limitations, and needs alleged in the petition.
Page 149, Line 15(4) A visitor appointed pursuant to subsection (1) or (3) of
Page 149, Line 16this section shall interview the respondent in person and, in a manner the respondent is best able to understand:
Page 149, Line 17(a) Explain to the respondent the substance of the
Page 149, Line 18petition, the nature, purpose, and effect of the proceeding, and the respondent's rights at the hearing on the petition;
Page 149, Line 19(b) Determine the respondent's views with respect to the order sought;
Page 149, Line 20(c) Inform the respondent of the respondent's right to
Page 149, Line 21employ and consult with an attorney at the respondent's expense and the right to request a court-appointed attorney;
Page 150, Line 1(d) Inform the respondent that all costs and expenses of
Page 150, Line 2the proceeding, including respondent's attorney fees, may be paid from the respondent's assets;
Page 150, Line 3(e) If the petitioner seeks an order related to the
Page 150, Line 4dwelling of the respondent, visit the respondent's present
Page 150, Line 5dwelling and any dwelling in which it is reasonably believed the respondent will live if the order is granted;
Page 150, Line 6(f) If a protective arrangement instead of guardianship is
Page 150, Line 7sought, obtain information from any physician or other person
Page 150, Line 8known to have treated, advised, or assessed the respondent's relevant physical or mental condition;
Page 150, Line 9(g) If a protective arrangement instead of
Page 150, Line 10conservatorship is sought, review financial records of the
Page 150, Line 11respondent, if relevant to the visitor's recommendation pursuant to subsection (5)(c) of this section; and
Page 150, Line 12(h) Investigate the allegations in the petition and any other matter relating to the petition the court directs.
Page 150, Line 13(5) A visitor described in this section promptly shall file a report in a record with the court, which must include:
Page 150, Line 14(a) A recommendation whether an attorney should be appointed to represent the respondent;
Page 150, Line 15(b) To the extent relevant to the order sought, a
Page 150, Line 16summary of self-care, independent-living tasks, and financial management tasks the respondent:
Page 150, Line 17(I) Can manage without assistance or with existing
Page 150, Line 18supports;
Page 151, Line 1(II) Could manage with the assistance of appropriate
Page 151, Line 2supportive services, technological assistance, or supported decision making; and
Page 151, Line 3(III) Cannot manage;
Page 151, Line 4(c) A recommendation regarding the appropriateness of
Page 151, Line 5the protective arrangement sought and whether a less
Page 151, Line 6restrictive alternative for meeting the respondent's needs is available;
Page 151, Line 7(d) If the petition seeks to change the physical location of
Page 151, Line 8the dwelling of the respondent, a statement whether the
Page 151, Line 9proposed dwelling meets the respondent's needs and whether the
Page 151, Line 10respondent has expressed a preference as to the respondent's dwelling;
Page 151, Line 11(e) A recommendation whether a professional evaluation pursuant to section 15-14.7-508 is necessary;
Page 151, Line 12(f) A statement whether the respondent is able to attend a hearing at the location court proceedings typically are held;
Page 151, Line 13(g) A statement whether the respondent is able to
Page 151, Line 14participate in a hearing and which identifies any technology or
Page 151, Line 15other form of support that would enhance the respondent's ability to participate; and
Page 151, Line 16(h) Any other matter the court directs.
Page 151, Line 1715-14.7-507. Appointment and role of attorney. (1) The court
Page 151, Line 18shall appoint an attorney to represent the respondent in a proceeding pursuant to this part 5 if:
Page 151, Line 19(a) The respondent requests the appointment;
Page 151, Line 20(b) The visitor recommends the appointment; or
Page 152, Line 1(c) The court determines the respondent needs representation.
Page 152, Line 2(2) An attorney representing the respondent in a proceeding pursuant to this part 5 shall:
Page 152, Line 3(a) Make reasonable efforts to ascertain the respondent's wishes;
Page 152, Line 4(b) Advocate for the respondent's wishes to the extent reasonably ascertainable; and
Page 152, Line 5(c) If the respondent's wishes are not reasonably
Page 152, Line 6ascertainable, advocate for the result that is the least
Page 152, Line 7restrictive alternative in type, duration, and scope, consistent with the respondent's interests.
Page 152, Line 815-14.7-508. Professional evaluation. (1) At or before a
Page 152, Line 9hearing on a petition held pursuant to this part 5 for a
Page 152, Line 10protective arrangement, the court shall order a professional evaluation of the respondent:
Page 152, Line 11(a) If the respondent requests the evaluation; or
Page 152, Line 12(b) In other cases, unless the court finds that it has
Page 152, Line 13sufficient information to determine the respondent's needs and abilities without the evaluation.
Page 152, Line 14(2) If the court orders an evaluation pursuant to
Page 152, Line 15subsection (1) of this section, the respondent must be examined
Page 152, Line 16by a licensed physician, psychologist, social worker, or other
Page 152, Line 17individual appointed by the court who is qualified to evaluate
Page 152, Line 18the respondent's alleged cognitive and functional abilities and
Page 152, Line 19limitations and will not be advantaged or disadvantaged by a
Page 152, Line 20decision to grant the petition or otherwise have a conflict of
Page 153, Line 1interest. The individual conducting the evaluation promptly
Page 153, Line 2shall file a report in a record with the court. Unless otherwise directed by the court, the report must contain:
Page 153, Line 3(a) A description of the nature, type, and extent of the respondent's cognitive and functional abilities and limitations;
Page 153, Line 4(b) An evaluation of the respondent's mental and physical
Page 153, Line 5condition and, if appropriate, educational potential, adaptive behavior, and social skills;
Page 153, Line 6(c) A prognosis for improvement, including with regard to
Page 153, Line 7the ability to manage the respondent's property and financial
Page 153, Line 8affairs if a limitation in that ability is alleged, and
Page 153, Line 9recommendation for the appropriate treatment, support, or habilitation plan; and
Page 153, Line 10(d) The date of the examination on which the report is based.
Page 153, Line 11(3) The respondent may decline to participate in an evaluation ordered pursuant to subsection (1) of this section.
Page 153, Line 1215-14.7-509. Attendance and rights at hearing. (1) Except as
Page 153, Line 13otherwise provided in subsection (2) of this section, a hearing
Page 153, Line 14held pursuant to this part 5 may not proceed unless the
Page 153, Line 15respondent attends the hearing. If it is not reasonably feasible
Page 153, Line 16for the respondent to attend a hearing at the location court
Page 153, Line 17proceedings typically are held, the court shall hold a hearing
Page 153, Line 18using real-time audio-visual technology or, at the court's
Page 153, Line 19discretion, hold the hearing at an alternative location where
Page 153, Line 20the respondent can attend using real-time audio-visual
Page 153, Line 21technology.
Page 154, Line 1(2) A hearing held pursuant to this part 5 may proceed
Page 154, Line 2without the respondent in attendance if the court finds by clear and convincing evidence that:
Page 154, Line 3(a) The respondent has refused to attend the hearing
Page 154, Line 4after having been fully informed of the right to attend and the potential consequences of failing to do so;
Page 154, Line 5(b) There is no practicable way for the respondent to
Page 154, Line 6attend and participate in the hearing even with appropriate supportive services and technological assistance; or
Page 154, Line 7(c) The respondent is a minor who has received proper notice and attendance would be harmful to the minor.
Page 154, Line 8(3) The respondent may be assisted in a hearing held
Page 154, Line 9pursuant to this part 5 by a person or persons of the respondent's
Page 154, Line 10choosing, assistive technology, or an interpreter or translator,
Page 154, Line 11or a combination of these supports. If assistance would
Page 154, Line 12facilitate the respondent's participation in the hearing, but is
Page 154, Line 13not otherwise available to the respondent, the court shall make reasonable efforts to provide it.
Page 154, Line 14(4) The respondent has a right to choose an attorney to
Page 154, Line 15represent the respondent at a hearing held pursuant to this part 5.
Page 154, Line 16(5) At a hearing held pursuant to this part 5, the respondent may:
Page 154, Line 17(a) Present evidence and subpoena witnesses and documents;
Page 154, Line 18(b) Examine witnesses, including any court-appointed
Page 154, Line 19evaluator and the visitor; and
(c) Otherwise participate in the hearing.
Page 155, Line 1(6) A hearing held pursuant to this part 5 must be closed on request of the respondent and a showing of good cause.
Page 155, Line 2(7) Any person may request to participate in a hearing
Page 155, Line 3held pursuant to this part 5. The court may grant the request,
Page 155, Line 4with or without a hearing, on determining that the best interest
Page 155, Line 5of the respondent will be served. The court may impose appropriate conditions on the person's participation.
Page 155, Line 615-14.7-510. Notice of order.The court shall give notice,
Page 155, Line 7pursuant to section 15-10-401, of an order pursuant to this part
Page 155, Line 85 to the individual who is subject to the protective arrangement
Page 155, Line 9instead of guardianship or conservatorship, a person whose
Page 155, Line 10access to the individual is restricted by the order, and any other person the court determines.
Page 155, Line 1115-14.7-511. Confidentiality of records.The court shall
Page 155, Line 12comply with the administrative rules adopted by the judicial department concerning the confidentiality of court records.
Page 155, Line 1315-14.7-512. Appointment of special conservator.The court
Page 155, Line 14may appoint a special conservator to assist in implementing a
Page 155, Line 15protective arrangement pursuant to this part 5. The special
Page 155, Line 16conservator has the authority conferred by the order of appointment and serves until discharged by court order.
Page 155, Line 17PART 6
MISCELLANEOUS PROVISIONS
Page 155, Line 1815-14.7-601. Uniformity of application and construction. In
Page 155, Line 19applying and construing this uniform act, consideration must be
Page 155, Line 20given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Page 156, Line 115-14.7-602. Relation to electronic signatures in global and
Page 156, Line 2national commerce act.This article 14.7 modifies, limits, or
Page 156, Line 3supersedes the "Electronic Signatures in Global and National
Page 156, Line 4Commerce Act", 15 U.S.C. Sec 7001 et seq., but does not modify,
Page 156, Line 5limit, or supersede section 101 (c) of 15 U.S.C. sec 7001(c), or
Page 156, Line 6authorize electronic delivery of any of the notices described in section 103 (b) of 15 U.S.C. sec 7003(b).
Page 156, Line 715-14.7-603. Applicability. (1) This article 14.7 applies to:
Page 156, Line 8(a) A proceeding for appointment of a guardian or
Page 156, Line 9conservator or for a protective arrangement instead of
Page 156, Line 10guardianship or conservatorship commenced after July 1, 2026; and
Page 156, Line 11(b) A guardianship, conservatorship, or protective
Page 156, Line 12arrangement instead of guardianship or conservatorship in
Page 156, Line 13existence on July 1, 2026, unless the court finds application of a
Page 156, Line 14particular provision of this article 14.7 would substantially
Page 156, Line 15interfere with the effective conduct of the proceeding or
Page 156, Line 16prejudice the rights of a party, in which case the particular
Page 156, Line 17provision of this article 14.7 does not apply and the superseded law applies.
Page 156, Line 18(2) A guardian or conservator appointed prior to July 1,
Page 156, Line 192026, is not required to petition a court to review the terms of an
Page 156, Line 20established guardianship or conservatorship in compliance with this article 14.7.
Page 156, Line 2115-14.7-604. Severability.If any provision of this article
Page 156, Line 2214.7 or its application to any person or circumstance is held
Page 157, Line 1invalid, the invalidity does not affect other provisions or
Page 157, Line 2applications of this article 14.7 which can be given effect
Page 157, Line 3without the invalid provision or application, and to this end the provisions of this article 14.7 are severable.
Page 157, Line 415-14.7-605. Acceptance of gifts, grants, or donations.The
Page 157, Line 5judicial department may seek, accept, and expend gifts, grants,
Page 157, Line 6or donations from private or public sources for the purposes of this article 14.7.
Page 157, Line 715-14.7-606. Effective date.This article 14.7 takes effect July 1, 2026.
Page 157, Line 8SECTION 2. In Colorado Revised Statutes, 7-60-132, amend (1) introductory portion and (1)(a) as follows:
Page 157, Line 97-60-132. Dissolution by decree of court. (1)
OnPage 157, Line 10application by or for a partner, the court
shallPage 157, Line 11(a) A partner has been determined by the court to be mentally
Page 157, Line 12incompetent to such a degree that the partner is incapable of performing
Page 157, Line 13the partner's part of the partnership contract or a court of competent
Page 157, Line 14jurisdiction has made such a finding pursuant to
part 3 or part 4 of articlePage 157, Line 15
14 of title 15Page 157, Line 16SECTION 3. In Colorado Revised Statutes, 11-50-102, amend the introductory portion and (5) as follows:
Page 157, Line 1711-50-102. Definitions. As used in this
articlePage 157, Line 18(5) "Court" means the district or probate court
whichPage 157, Line 19have jurisdiction of the minor's estate, if
hePage 158, Line 1than custodial property, as provided in
section 15-14-108 (1), C.R.S.Page 158, Line 2SECTION 4. In Colorado Revised Statutes, 12-215-115, amend (7) as follows:
Page 158, Line 312-215-115. Discipline of licensees - suspension, revocation,
Page 158, Line 4denial, and probation - grounds - definitions. (7) In the event any
Page 158, Line 5person holding a license to practice chiropractic in this state is determined
Page 158, Line 6to be mentally incompetent or insane by a court of competent jurisdiction
Page 158, Line 7and a court enters, pursuant to
part 3 or 4 of article 14 of title 15Page 158, Line 84, or 5 of article 14.7 of title 15 or section 27-65-110 (4) or
Page 158, Line 927-65-127, an order specifically finding that the mental incompetency or
Page 158, Line 10insanity is of such a degree that the person holding a license is incapable
Page 158, Line 11of continuing to practice chiropractic,
the person's license shallPage 158, Line 12
automatically be suspended by the boardPage 158, Line 13automatically suspend the person's license, and, anything in this
Page 158, Line 14article 215 to the contrary notwithstanding, the suspension must continue
Page 158, Line 15until the licensee is found by the court to be competent to practice chiropractic.
Page 158, Line 16SECTION 5. In Colorado Revised Statutes, 12-240-125, amend (7) as follows:
Page 158, Line 1712-240-125. Disciplinary action by board - rules. (7) If any
Page 158, Line 18licensee is determined to be mentally incompetent or insane by a court of
Page 158, Line 19competent jurisdiction and a court enters, pursuant to
part 3 or 4 of articlePage 158, Line 20
14 of title 15Page 158, Line 2127-65-110 (4) or 27-65-127, an order specifically finding that the mental
Page 158, Line 22incompetency or insanity is of such a degree that the licensee is incapable
Page 158, Line 23of continuing to practice medicine, practice as a physician assistant, or
Page 159, Line 1practice as an anesthesiologist assistant, the board
shallPage 159, Line 2automatically suspend the licensee's license, and, anything in this article
Page 159, Line 3240 to the contrary notwithstanding, the suspension must continue until
Page 159, Line 4the licensee is found by the court to be competent to practice medicine,
Page 159, Line 5practice as a physician assistant, or practice as an anesthesiologist assistant.
Page 159, Line 6SECTION 6. In Colorado Revised Statutes, 12-255-119, amend (7) as follows:
Page 159, Line 712-255-119. Disciplinary procedures of the board - inquiry
Page 159, Line 8and hearings panels - mental and physical examinations - definitions
Page 159, Line 9- rules. (7) In case any nurse or certified midwife is determined to be
Page 159, Line 10mentally incompetent or insane by a court of competent jurisdiction and
Page 159, Line 11a court enters, pursuant to
part 3 or 4 of article 14 of title 15Page 159, Line 125 of article 14.7 of title 15 or section 27-65-110 (4) or 27-65-127, an
Page 159, Line 13order specifically finding that the mental incompetency or insanity is of
Page 159, Line 14such a degree that the nurse or certified midwife is incapable of
Page 159, Line 15continuing the practice of nursing or as a certified midwife, the board
Page 159, Line 16
shallPage 159, Line 17license, and, notwithstanding any provision of this part 1 to the contrary,
Page 159, Line 18the suspension must continue until the nurse or certified midwife is found
Page 159, Line 19by the court to be competent to continue the practice of nursing or the practice as a certified midwife, as applicable.
Page 159, Line 20SECTION 7. In Colorado Revised Statutes, 12-290-113, amend (8) as follows:
Page 159, Line 2112-290-113. Disciplinary action by board. (8) If a person
Page 159, Line 22holding a license to practice podiatry in this state is determined to be
Page 159, Line 23mentally incompetent or insane by a court of competent jurisdiction and
Page 160, Line 1a court enters, pursuant to
part 3 or 4 of article 14 of title 15Page 160, Line 25 of article 14.7 of title 15 or section 27-65-110 (4) or 27-65-127, an
Page 160, Line 3order specifically finding that the mental incompetency or insanity is of
Page 160, Line 4such a degree that the person holding a license is incapable of continuing
Page 160, Line 5to practice podiatry, the board
shallPage 160, Line 6license, and, anything in this article 290 to the contrary notwithstanding,
Page 160, Line 7the suspension must continue until the licensee is found by the court to be competent to practice podiatry.
Page 160, Line 8SECTION 8. In Colorado Revised Statutes, 12-315-112, amend (1)(v) as follows:
Page 160, Line 912-315-112. Discipline of licensees. (1) Upon receipt of a signed
Page 160, Line 10complaint by a complainant or upon its own motion, the board may
Page 160, Line 11proceed to a hearing in accordance with section 12-315-113. After a
Page 160, Line 12hearing, and by a concurrence of a majority of members, the board may
Page 160, Line 13take disciplinary or other action as authorized in section 12-20-404
Page 160, Line 14against an applicant for a license or a licensed veterinarian for any of the following reasons:
Page 160, Line 15(v) A determination that the individual is mentally incompetent by
Page 160, Line 16a court of competent jurisdiction and the court has entered, pursuant to
Page 160, Line 17
part 3 or 4 of article 14 of title 15Page 160, Line 18title 15 or section 27-65-110 (4) or 27-65-127, an order specifically
Page 160, Line 19finding that the mental incompetency is of such a degree that the individual is incapable of continuing to practice veterinary medicine;
Page 160, Line 20SECTION 9. In Colorado Revised Statutes, 12-315-207, amend as it exists until January 1, 2026, (1)(l) as follows:
Page 160, Line 2112-315-207. Discipline of a registered veterinary technician -
Page 160, Line 22repeal. (1) Upon receipt of a signed complaint by a complainant or upon
Page 161, Line 1its own motion, the board may proceed to a hearing in accordance with
Page 161, Line 2section 12-315-113. After a hearing, and by a concurrence of a majority
Page 161, Line 3of members, the board may take disciplinary action as authorized in
Page 161, Line 4section 12-20-404 against an applicant for a registration, a registered
Page 161, Line 5veterinary technician, or a veterinary technician specialist for any of the following reasons:
Page 161, Line 6(l) A determination that the individual is mentally incompetent by
Page 161, Line 7a court of competent jurisdiction, and the court has entered, pursuant to
Page 161, Line 8
part 3 or 4 of article 14 of title 15Page 161, Line 9title 15 or section 27-65-110 (4) or 27-65-127, an order specifically
Page 161, Line 10finding that the mental incompetency is of such a degree that the
Page 161, Line 11individual is incapable of continuing to hold a registration as a veterinary technician;
Page 161, Line 12SECTION 10. In Colorado Revised Statutes, 12-315-207, amend as it will become effective January 1, 2026, (1)(l) as follows
Page 161, Line 1312-315-207. Discipline - registered veterinary technician -
Page 161, Line 14veterinary technician specialist - registered veterinary professional
Page 161, Line 15associate - definition - repeal. (1) Upon receipt of a signed complaint
Page 161, Line 16by a complainant or upon its own motion, the board may proceed to a
Page 161, Line 17hearing in accordance with section 12-315-113. After a hearing, and by
Page 161, Line 18a concurrence of a majority of members, the board may take disciplinary
Page 161, Line 19action as authorized in section 12-20-404 against an applicant for a
Page 161, Line 20registration, a registered veterinary technician or veterinary professional
Page 161, Line 21associate, or a veterinary technician specialist for any of the following reasons:
Page 161, Line 22(l) A determination that the individual is mentally incompetent by
Page 161, Line 23a court of competent jurisdiction, and the court has entered, pursuant to
Page 162, Line 1
part 3 or 4 of article 14 of title 15Page 162, Line 2title 15 or section 27-65-110 (4) or 27-65-127, an order specifically
Page 162, Line 3finding that the mental incompetency is of such a degree that the
Page 162, Line 4individual is incapable of continuing to hold a registration as a veterinary professional associate or veterinary technician;
Page 162, Line 5SECTION 11. In Colorado Revised Statutes, 13-5-142, amend (1)(a), (3) introductory portion, and (3)(b)(I) as follows:
Page 162, Line 613-5-142. National instant criminal background check system
Page 162, Line 7- reporting. (1) On and after March 20, 2013, the state court
Page 162, Line 8administrator shall send electronically the following information to the
Page 162, Line 9Colorado bureau of investigation created pursuant to section 24-33.5-401, referred to in this section as the "bureau":
Page 162, Line 10(a) The name of each person who has been found to be
Page 162, Line 11
incapacitatedPage 162, Line 12pursuant to
part 3 of article 14 of title 15, C.R.S.Page 162, Line 13(3) The state court administrator
shallPage 162, Line 14steps to cancel a record made by the state court administrator in the national instant criminal background check system if:
Page 162, Line 15(b) No less than three years before the date of the written request:
Page 162, Line 16(I) The court entered an order pursuant to
section 15-14-318,Page 162, Line 17
C.R.S.,Page 162, Line 18the person is no longer
an incapacitated personPage 162, Line 19guardianship, if the record in the national instant criminal background
Page 162, Line 20check system is based on
a finding of incapacityPage 162, Line 21SECTION 12. In Colorado Revised Statutes, 13-5-142.5, amend (2)(a)(I) as follows:
Page 163, Line 113-5-142.5. National instant criminal background check
Page 163, Line 2system - judicial process for awarding relief from federal
Page 163, Line 3prohibitions - legislative declaration. (2) Eligibility. A person may petition for relief pursuant to this section if:
Page 163, Line 4(a) (I)
He or sheincapacitatedPage 163, Line 5subject to guardianship by order of the court pursuant to
part 3 of article 14 of title 15, C.R.S.Page 163, Line 6SECTION 13. In Colorado Revised Statutes, 13-9-123, amend (1)(a), (3) introductory portion, and (3)(b)(I) as follows:
Page 163, Line 713-9-123. National instant criminal background check system
Page 163, Line 8- reporting. (1) On and after March 20, 2013, the state court
Page 163, Line 9administrator shall send electronically the following information to the
Page 163, Line 10Colorado bureau of investigation created pursuant to section 24-33.5-401, referred to in this section as the "bureau":
Page 163, Line 11(a) The name of each person who has been found to be
Page 163, Line 12
incapacitatedPage 163, Line 13to
part 3 of article 14 of title 15, C.R.S.Page 163, Line 14(3) The state court administrator
shallPage 163, Line 15steps to cancel a record made by the state court administrator in the national instant criminal background check system if:
Page 163, Line 16(b) No less than three years before the date of the written request:
Page 163, Line 17(I) The court entered an order pursuant to
section 15-14-318,Page 163, Line 18
C.R.S.,Page 163, Line 19the person is no longer
an incapacitated personPage 163, Line 20guardianship, if the record in the national instant criminal background
Page 164, Line 1check system is based on
a finding of incapacityPage 164, Line 2SECTION 14. In Colorado Revised Statutes, 13-9-124, amend (2)(a)(I) as follows:
Page 164, Line 313-9-124. National instant criminal background check system
Page 164, Line 4- judicial process for awarding relief from federal prohibitions -
Page 164, Line 5legislative declaration. (2) Eligibility. A person may petition for relief pursuant to this section if:
Page 164, Line 6(a) (I)
He or sheincapacitatedPage 164, Line 7subject to guardianship by order of the court pursuant to
part 3 of article 14 of title 15, C.R.S.Page 164, Line 8SECTION 15. In Colorado Revised Statutes, 13-32-101, amend (3)(b)(I) as follows:
Page 164, Line 913-32-101. Docket fees in civil actions - judicial stabilization
Page 164, Line 10cash fund - justice center cash fund - justice center maintenance fund
Page 164, Line 11- created - report - legislative declaration. (3) (b) (I)
NoPage 164, Line 12
shallunderPage 164, Line 13to article 10 or 10.5 of title 27
C.R.S.;Page 164, Line 14probated for any mental incompetent, the committing court has a claim
Page 164, Line 15against
suchPage 164, Line 16sum of twenty dollars, in addition to any other expense of commitment
Page 164, Line 17allowed and paid by the county, to be paid by the conservator of such
Page 164, Line 18estate as a claim pursuant to
section 15-14-429, C.R.S.Page 164, Line 19SECTION 16. In Colorado Revised Statutes, 13-32-102, amend (1) introductory portion and (1)(a) as follows:
Page 164, Line 2013-32-102. Fees in probate proceedings. (1) On and after July
Page 165, Line 11, 2019, for services rendered by judges and clerks of district or probate
Page 165, Line 2courts in all counties of the state of Colorado in proceedings
hadPage 165, Line 3pursuant to articles 10 to 17 of title 15, the court shall charge the following fees:
Page 165, Line 4(a) Docket fee at the time of filing first papers in any decedent's
Page 165, Line 5estate eligible for summary administrative procedures
underPage 165, Line 6to section 15-12-1203
or in any small estate of a person under disabilityPage 165, Line 7
qualifying under section 15-14-118, which estates involve no real propertyPage 165, Line 8SECTION 17. In Colorado Revised Statutes, 13-64-205, amend (1)(f)(I)(B) as follows:
Page 165, Line 913-64-205. Determination of judgment to be entered. (1) In
Page 165, Line 10order to determine what judgment is to be entered on a verdict requiring
Page 165, Line 11findings of special damages under this part 2, the court shall proceed as follows:
Page 165, Line 12(f) The plaintiff who meets the criteria set forth in this subsection
Page 165, Line 13(1) may elect to receive the immediate payment to the plaintiff of the
Page 165, Line 14present value of the future damage award in a lump-sum amount in lieu
Page 165, Line 15of periodic payments. In order to exercise this right, the plaintiff must either:
Page 165, Line 16(I) (B) Not be
an incapacitated person, as defined in sectionPage 165, Line 17
15-14-102 (5), C.R.S.Page 165, Line 18section 15-14.7-201 or 15-14.7-301 or a person subject to conservatorship pursuant to section 15-14.7-401; and
Page 165, Line 19SECTION 18. In Colorado Revised Statutes, 13-94-103, amend (1) as follows:
Page 165, Line 2013-94-103. Definitions. (1) Except as otherwise indicated in this
Page 166, Line 1section, the definitions set forth in
section 15-14-102Page 166, Line 2SECTION 19. In Colorado Revised Statutes, 13-94-105, amend (1.5)(a)(II) as follows:
Page 166, Line 313-94-105. Office of public guardianship - director - duties -
Page 166, Line 4memorandum of understanding - annual report - repeal. (1.5) In
Page 166, Line 5addition to any other duties or responsibilities set forth in this article 94, the office:
Page 166, Line 6(a) May:
Page 166, Line 7(II) Take any action on behalf of an indigent person and
Page 166, Line 8
incapacitated personPage 166, Line 9section 15-14.7-201 or 15-14.7-301 or a person subject to
Page 166, Line 10conservatorship pursuant to section 15-14.7-401 that a private guardian may take, except as otherwise limited by law or court order; and
Page 166, Line 11SECTION 20. In Colorado Revised Statutes, 14-10-107, amend (3) as follows:
Page 166, Line 1214-10-107. Commencement - pleadings - abolition of existing
Page 166, Line 13defenses - automatic, temporary injunction - enforcement. (3) Either
Page 166, Line 14or both parties to the marriage may initiate the proceeding. In addition, a
Page 166, Line 15legal guardian with court approval or a guardian with court
Page 166, Line 16approval pursuant to
section 15-14-315.5, C.R.S., or a conservator, withPage 166, Line 17
court approval pursuant to section 15-14-425.5, C.R.S.,Page 166, Line 1815-14.7-314 may initiate the proceeding. If a legal guardian
orPage 166, Line 19
conservatoror conservatorPage 166, Line 20
shallPage 166, Line 21SECTION 21. In Colorado Revised Statutes, 15-1-1515, amend (9) as follows:
Page 167, Line 115-1-1515. Fiduciary duty and authority. (9) A foreign
Page 167, Line 2conservator is not required to comply with the provisions of
sectionPage 167, Line 3
15-14-433Page 167, Line 4SECTION 22. In Colorado Revised Statutes, 15-10-201, amend (14), (25), (26), (27), (43), (44), and (58) as follows:
Page 167, Line 515-10-201. General definitions. Subject to additional definitions
Page 167, Line 6contained in this article 10 and the subsequent articles that are applicable
Page 167, Line 7to specific articles, parts, or sections, and unless the context otherwise requires, in this code:
Page 167, Line 8(14) "Disability" means cause for a protective order as described in
section 15-14-401Page 167, Line 9(25) "Incapacitated person" means an individual
described inPage 167, Line 10
section 15-14-102 (5)Page 167, Line 11meet essential requirements for health, safety, or welfare
Page 167, Line 12because the individual is unable to receive and evaluate
Page 167, Line 13information or make or communicate decisions, even with
Page 167, Line 14appropriate supportive services, technological assistance, or
Page 167, Line 15supported decision-making, except as otherwise defined by the
Page 167, Line 16terms of a governing instrument. A determination by a court
Page 167, Line 17under sections 15-14.7-301, 15-14.7-502, and 15-14.7-503 is not a
Page 167, Line 18determination that a person is or is not an incapacitated person
Page 167, Line 19for any other purposes under the laws of this state unless
Page 167, Line 20specifically ordered by the court in those proceedings. A
Page 167, Line 21proceeding to determine whether a person is or is not an
Page 167, Line 22incapacitated person for any other purpose under the laws of
Page 168, Line 1this state may be brought under any applicable provisions or procedures of the laws of this state.
Page 168, Line 2(26) "Informal proceedings" means those conducted without
Page 168, Line 3notice to interested persons by an officer of the court acting as a registrar
Page 168, Line 4for probate of a will, appointment of a personal representative, or
Page 168, Line 5determination of a guardian
under sections 15-14-202 and 15-14-301Page 168, Line 6(27) "Interested person" includes heirs, devisees, children,
Page 168, Line 7spouses, creditors, beneficiaries, trust directors, and any others having a
Page 168, Line 8property right in or claim against a trust estate or the estate of a decedent,
Page 168, Line 9
ward, or protected person, whichPage 168, Line 10pursuant to section 15-14.7-201 or 15-14.7-301, person subject to
Page 168, Line 11conservatorship pursuant to section 15-14.7-401, or person
Page 168, Line 12subject to a protective arrangement pursuant to part 5 of
Page 168, Line 13article 14.7 of this title 15 who may be affected by the proceeding.
Page 168, Line 14It also includes persons having priority for an appointment as a personal
Page 168, Line 15representative and other fiduciaries representing the interested person.
Page 168, Line 16The meaning as it relates to particular persons may vary from time to time
Page 168, Line 17and is determined according to the particular purposes of, and matter involved in, any proceeding.
Page 168, Line 18(43) "Protected person"
has the same meaning as set forth inPage 168, Line 19
section 15-14-102 (11)Page 168, Line 20a conservator has been appointed or other protective order has been made.
Page 168, Line 21(44) "Protective proceeding"
has the same meaning as used inPage 168, Line 22
section 15-14-401Page 168, Line 23pursuant to part 3 of article 14.7 of this title 15, conservator
Page 169, Line 1pursuant to part 4 of article 14.7 of this title 15, or protective arrangement pursuant to part 5 of article 14.7 of this title 15.
Page 169, Line 2(58) "Ward" means an individual
described in section 15-14-102 (15)Page 169, Line 3SECTION 23. In Colorado Revised Statutes, 15-10-601, amend (3)(a)(VI) and (3)(a)(VII) as follows:
Page 169, Line 415-10-601. Definitions. As used in this part 6, unless the context otherwise requires:
Page 169, Line 5(3) (a) "Governing instrument" means a will or a trust or a
Page 169, Line 6donative, appointive, or nominative instrument of any other type, including, but not limited to:
Page 169, Line 7(VI) A court order appointing a guardian as described in
parts 2Page 169, Line 8
and 3 of article 14 of this titlePage 169, Line 9(VII) A court order appointing a conservator as described in
partPage 169, Line 10
4 of article 14 of this titlePage 169, Line 11granting a protective arrangement pursuant to part 5 of article 14.7 of this title 15.
Page 169, Line 12SECTION 24. In Colorado Revised Statutes, 15-10-602, amend (6) and (9) as follows:
Page 169, Line 1315-10-602. Recovery of reasonable compensation and costs.
Page 169, Line 14(6) Except as provided in sections 15-10-605 (2), (3), and (4);
15-14-318Page 169, Line 15
(4); and 15-14-431 (5),Page 169, Line 16or person with priority for appointment as personal representative,
Page 169, Line 17conservator, guardian, agent, custodian, or trustee defends or prosecutes
Page 169, Line 18a proceeding in good faith, whether successful or not, the fiduciary or
Page 169, Line 19person is entitled to receive from the estate reimbursement for reasonable
Page 170, Line 1costs and disbursements, including, but not limited to, reasonable attorney fees.
Page 170, Line 2(9) Every application or petition for appointment of a fiduciary
Page 170, Line 3filed under this code, including without limitation those required
underPage 170, Line 4pursuant to sections 15-12-301, 15-12-402, 15-12-614, 15-12-621,
Page 170, Line 515-12-622,
15-14-202, 15-14-204, 15-14-304, and 15-14-403, shallPage 170, Line 615-14.7-201, 15-14.7-208, 15-14.7-312,15-14.7-402, and 15-14.7-504,
Page 170, Line 7must include a statement by the applicant or petitioner disclosing the
Page 170, Line 8basis upon which any compensation is to be charged to the estate by the
Page 170, Line 9fiduciary and
his or her or itsshallPage 170, Line 10that the basis has not yet been determined. The disclosure statement
shallPage 170, Line 11must specifically describe, as is applicable, the hourly rates to be
Page 170, Line 12charged, any amounts to be charged pursuant to a published fee schedule,
Page 170, Line 13including the rates and basis for charging fees for any extraordinary
Page 170, Line 14services, and any other bases upon which a fee charged to the estate will
Page 170, Line 15be calculated. This disclosure obligation
shallPage 170, Line 16nature so as to require supplemental disclosures if material changes to the basis for charging fees take place.
Page 170, Line 17SECTION 25. In Colorado Revised Statutes, 15-10-603, add (3.5) as follows:
Page 170, Line 1815-10-603. Factors in determining the reasonableness of
Page 170, Line 19compensation and costs. (3.5) The court shall consider all of the
Page 170, Line 20factors described in this subsection (3.5) in determining the
Page 170, Line 21reasonableness of any compensation or costs assessed pursuant
Page 170, Line 22to article 14.7 of this title 15. The court may determine the
Page 170, Line 23weight to be given to each factor and to any other factor the
Page 170, Line 24court considers relevant in reaching its decision:
(a) The necessity and quality of the service provided;
Page 171, Line 1(b) The difficulty of the service provided, including the degree of skill and care required;
Page 171, Line 2(c) The conditions and circumstances under which a
Page 171, Line 3service was performed, including whether the service was
Page 171, Line 4provided outside regular business hours or under dangerous or extraordinary conditions;
Page 171, Line 5(d) The effect of the service on the individual subject to guardianship or conservatorship; and
Page 171, Line 6(e) The extent to which the service provided was or was
Page 171, Line 7not consistent with the guardian's plan pursuant to section
Page 171, Line 815-14.7-316, the conservator's plan pursuant to section
Page 171, Line 915-14.7-419, or the role of a special conservator pursuant to section 15-14.7-512.
Page 171, Line 10SECTION 26. In Colorado Revised Statutes, 15-14-501, amend (1) as follows:
Page 171, Line 1115-14-501. When power of attorney not affected by disability.
Page 171, Line 12(1) Whenever a principal designates another
hisPage 171, Line 13attorney-in-fact or agent by a power of attorney in writing and the writing
Page 171, Line 14contains the words "This power of attorney
shall not bePage 171, Line 15by disability of the principal" or "This power of attorney
shall becomePage 171, Line 16becomes effective upon the disability of the principal" or similar words
Page 171, Line 17showing the intent of the principal that the authority conferred
shall bePage 171, Line 18exercisable notwithstanding
hisPage 171, Line 19of the attorney-in-fact or agent is exercisable by
himPage 171, Line 20attorney-in-fact or agent as provided in the power on behalf of the
Page 171, Line 21principal notwithstanding later disability or incapacity of the principal at
Page 172, Line 1law or later uncertainty as to whether the principal is dead or alive. The
Page 172, Line 2authority of the attorney-in-fact or agent to act on behalf of the principal
Page 172, Line 3
shall bePage 172, Line 4right, or obligation
whichafterPage 172, Line 5relating to the principal or any matter, transaction, or property, real or
Page 172, Line 6personal, tangible or intangible. The authority of the agent with regard to
Page 172, Line 7medical treatment decisions on behalf of a principal is set forth in
Page 172, Line 8sections 15-14-503 to 15-14-509. The attorney-in-fact or agent, however,
Page 172, Line 9is subject to the same limitations imposed upon court-appointed guardians
Page 172, Line 10contained in
section 15-14-312 (1)(a)Page 172, Line 11the principal may expressly empower
hisPage 172, Line 12or agent to renounce and disclaim interests and powers; to make gifts, in
Page 172, Line 13trust or otherwise; and to release and exercise powers of appointment. All
Page 172, Line 14acts done by the attorney-in-fact or agent pursuant to the power during
Page 172, Line 15any period of disability or incompetence or uncertainty as to whether the
Page 172, Line 16principal is dead or alive have the same effect and inure to the benefit of
Page 172, Line 17and bind the principal or
hisPage 172, Line 18representative as if the principal were alive, competent, and not disabled.
Page 172, Line 19If a guardian or conservator thereafter is appointed for the principal, the
Page 172, Line 20attorney-in-fact or agent, during the continuance of the appointment, shall
Page 172, Line 21consult with the guardian on matters concerning the principal's personal
Page 172, Line 22care or account to the conservator on matters concerning the principal's
Page 172, Line 23financial affairs. The conservator has the same power the principal would
Page 172, Line 24have had if
hePage 172, Line 25suspend, or terminate all or any part of the power of attorney or agency
Page 172, Line 26as it relates to financial matters. Subject to any limitation or restriction of
Page 172, Line 27the guardian's powers or duties set forth in the order of appointment and
Page 173, Line 1endorsed on the letters of guardianship, a guardian has the same power to
Page 173, Line 2revoke, suspend, or terminate all or any part of the power of attorney or
Page 173, Line 3agency as it relates to matters concerning the principal's personal care that
Page 173, Line 4the principal would have had if the principal were not disabled or
Page 173, Line 5incompetent, except with respect to medical treatment decisions made by
Page 173, Line 6an agent pursuant to sections 15-14-506 to 15-14-509; however, such
Page 173, Line 7exception
shallPage 173, Line 8event an agent becomes incapacitated or is unwilling or unable to serve as an agent.
Page 173, Line 9SECTION 27. In Colorado Revised Statutes, 15-14-607, amend (2) as follows:
Page 173, Line 1015-14-607. Reliance on an agency instrument. (2) Any person
Page 173, Line 11to whom the agent, operating under a duly notarized agency instrument,
Page 173, Line 12communicates a direction that is in accordance with the terms of the
Page 173, Line 13agency instrument shall comply with such direction. Any person who
Page 173, Line 14arbitrarily or without reasonable cause fails to comply with such direction
Page 173, Line 15
shall bePage 173, Line 16required to appoint a conservator for the principal, to obtain a declaratory
Page 173, Line 17judgment, or to obtain an order pursuant to
section 15-14-412Page 173, Line 1815-14.7-503. This subsection (2)
shallPage 173, Line 19SECTION 28. In Colorado Revised Statutes, 15-14.5-102, amend the introductory portion, (2), and (3) as follows:
Page 173, Line 2015-14.5-102. Definitions. In this
articlePage 173, Line 21(2) "Conservator" means a person appointed by the court to
Page 173, Line 22administer the property of an adult, including a person appointed
underPage 173, Line 23
section 15-14-401Page 174, Line 1(3) "Guardian" means a person appointed by the court to make
Page 174, Line 2decisions regarding
the person ofunder section 15-14-301Page 174, Line 3SECTION 29. In Colorado Revised Statutes, 15-18.5-103, amend (4)(a), (4)(b), and (8) as follows:
Page 174, Line 415-18.5-103. Proxy decision-makers for medical treatment
Page 174, Line 5authorized - definitions. (4) (a) Interested persons who are informed of
Page 174, Line 6the patient's lack of decisional capacity shall make reasonable efforts to
Page 174, Line 7reach a consensus as to who among them shall make medical treatment
Page 174, Line 8decisions on behalf of the patient. The person selected to act as the
Page 174, Line 9patient's proxy decision-maker should be the person who has a close
Page 174, Line 10relationship with the patient and who is most likely to be currently
Page 174, Line 11informed of the patient's wishes regarding medical treatment decisions.
Page 174, Line 12If any of the interested persons disagrees with the selection or the
Page 174, Line 13decision of the proxy decision-maker or, if, after reasonable efforts, the
Page 174, Line 14interested persons are unable to reach a consensus as to who should act
Page 174, Line 15as the proxy decision-maker, then any of the interested persons may seek
Page 174, Line 16guardianship of the patient by initiating guardianship proceedings
Page 174, Line 17pursuant to part 3 of
article 14titlePage 174, Line 18
saidPage 174, Line 19(b) Nothing in this section precludes any interested person from
Page 174, Line 20initiating a guardianship proceeding pursuant to part 3 of
article 14Page 174, Line 21article 14.7 of this
titlesaidPage 174, Line 22persons have conformed with
paragraph (a) of this subsection (4)Page 174, Line 23(8) Except for a court acting on its own motion, a governmental
Page 175, Line 1entity, including the state department of human services and the county
Page 175, Line 2departments of human or social services, may not petition the court as an
Page 175, Line 3interested person pursuant to
part 3 of article 14Page 175, Line 4of this title 15. In addition, nothing in this article 18.5 authorizes the
Page 175, Line 5county director of any county department of human or social services, or
Page 175, Line 6designee of such director, to petition the court pursuant to section
Page 175, Line 726-3.1-104 in regard to any patient subject to the provisions of this article 18.5.
Page 175, Line 8SECTION 30. In Colorado Revised Statutes, 15-23-103, amend (13) as follows:
Page 175, Line 915-23-103. Definitions. As used in this article 23, unless the context otherwise requires:
Page 175, Line 10(13) "Original estate planning document" and "original document"
Page 175, Line 11mean an original instrument in writing that is any will document,
Page 175, Line 12including, but not limited to, wills, as defined in section 15-10-201 (59);
Page 175, Line 13codicils; holographic wills; documents purporting to be wills; instruments
Page 175, Line 14that revoke or revise a testamentary instrument; testamentary instruments
Page 175, Line 15that merely appoint a personal representative; and other testamentary
Page 175, Line 16instruments, such as memoranda distributing tangible personal property,
Page 175, Line 17as described in section 15-11-513.
and testamentary appointments of guardian as described in section 15-14-202 (1).Page 175, Line 18SECTION 31. In Colorado Revised Statutes, 19-1-103, amend (49)(a) as follows:
Page 175, Line 1919-1-103. Definitions. As used in this title 19 or in the specified portion of this title 19, unless the context otherwise requires:
Page 175, Line 20(49) "Custodial adoption", as used in part 2 of article 5 of this title
Page 175, Line 2119, means an adoption of a child by any person and the person's spouse, as required pursuant to section 19-5-202 (3), who:
Page 176, Line 1(a) Has been awarded custody or allocated parental
Page 176, Line 2responsibilities by a court of law in a dissolution of marriage, custody or
Page 176, Line 3allocation of parental responsibilities proceeding, or has been awarded
Page 176, Line 4guardianship of the child by a court of law in a probate action, such as
Page 176, Line 5pursuant to
part 2 of article 14 of title 15Page 176, Line 6SECTION 32. In Colorado Revised Statutes, 19-1-104, amend (1)(c) as follows:
Page 176, Line 719-1-104. Jurisdiction. (1) Except as otherwise provided by law, the juvenile court has exclusive original jurisdiction in proceedings:
Page 176, Line 8(c) To determine the legal custody of any child or to appoint a
Page 176, Line 9guardian of the person or legal custodian of any child who comes within
Page 176, Line 10the juvenile court's jurisdiction
under provisions ofPage 176, Line 11section, and the juvenile court may also enter findings and orders as
Page 176, Line 12described in
sectionand section 15-14-204 (2.5)Page 176, Line 13SECTION 33. In Colorado Revised Statutes, 19-3-205, amend (1) introductory portion and (1)(a) as follows:
Page 176, Line 1419-3-205. Continuing jurisdiction. (1) Except as otherwise
Page 176, Line 15provided in this article 3, the jurisdiction of the court over any child or
Page 176, Line 16youth adjudicated as neglected or dependent
shall continuePage 176, Line 17until the child or youth becomes eighteen and one-half years of age, unless earlier terminated by court order; except that:
Page 176, Line 18(a) If a determination is pending or the youth has been determined
Page 176, Line 19to be
an incapacitated person pursuant to section 15-14-102Page 176, Line 20subject to guardianship pursuant to section 15-14.7-201 or a
Page 177, Line 1minor subject to conservatorship pursuant to section
Page 177, Line 215-14.7-401, then jurisdiction continues until either the youth has made
Page 177, Line 3a complete transition into adult disability services and it is in the youth's
Page 177, Line 4best interests for the juvenile court to terminate jurisdiction or the youth
Page 177, Line 5reaches twenty-one years of age or such greater age of foster care eligibility as required by federal law, whichever comes first;
Page 177, Line 6SECTION 34. In Colorado Revised Statutes, amend 19-3-704 as follows:
Page 177, Line 719-3-704. Youth with disabilities - minors subject to
Page 177, Line 8guardianship or conservatorship. (1) A party may request the court to
Page 177, Line 9determine whether a youth is
an incapacitated person, as defined inPage 177, Line 10
section 15-14-102Page 177, Line 11section 15-14.7-201 or a minor subject to conservatorship
Page 177, Line 12pursuant to section 15-14.7-401. The motion must be filed with the court prior to the youth's eighteenth birthday.
Page 177, Line 13(2) If there has been a determination, or if a determination is
Page 177, Line 14pending, that a youth is
an incapacitated person, as defined in sectionPage 177, Line 15
15-14-102Page 177, Line 1615-14.7-201 or a minor subject to conservatorship pursuant to
Page 177, Line 17section 15-14.7-401, then jurisdiction continues as provided in section 19-3-205.
Page 177, Line 18SECTION 35. In Colorado Revised Statutes, 19-5-105.5, amend (5)(b) as follows:
Page 177, Line 1919-5-105.5. Termination of parent-child legal relationship
Page 177, Line 20upon a finding that the child was conceived as a result of sexual
Page 177, Line 21assault - legislative declaration - definitions. (5) (b) The court
willPage 177, Line 22shall work to ensure that a petitioner or a respondent who has a
Page 178, Line 1disability has equal access to participate in the proceeding. If the
Page 178, Line 2petitioner or respondent has a disability,
he or shePage 178, Line 3respondent has the right to request reasonable accommodations in order
Page 178, Line 4to participate in the proceeding; except that the disability of the petitioner,
Page 178, Line 5the respondent, or the child must not be the cause for the unnecessary
Page 178, Line 6delay of the process. The court shall presume that a petitioner or a
Page 178, Line 7respondent with a disability is legally competent and able to understand
Page 178, Line 8and participate in the proceeding unless the petitioner or respondent is
Page 178, Line 9determined to be
an incapacitated person, as defined in section 15-14-102Page 178, Line 10
(5), C.R.S.Page 178, Line 1115-14.7-301 or a person subject to conservatorship pursuant to section 15-14.7-401.
Page 178, Line 12SECTION 36. In Colorado Revised Statutes, 19-5-105.7, amend (5)(b) as follows:
Page 178, Line 1319-5-105.7. Termination of parent-child legal relationship in
Page 178, Line 14a case of an allegation that a child was conceived as a result of sexual
Page 178, Line 15assault but in which no conviction occurred - legislative declaration
Page 178, Line 16- definitions. (5) (b) The court
willPage 178, Line 17petitioner or a respondent who has a disability has equal access to
Page 178, Line 18participate in the proceeding. If the petitioner or respondent has a
Page 178, Line 19disability,
he or shePage 178, Line 20request reasonable accommodations in order to participate in the
Page 178, Line 21proceeding; except that the disability of the petitioner, the respondent, or
Page 178, Line 22the child must not be the cause for the unnecessary delay of the process.
Page 178, Line 23The court shall presume that a petitioner or a respondent with a disability
Page 178, Line 24is legally competent and able to understand and participate in the
Page 178, Line 25proceeding unless the petitioner or respondent is determined to be
anPage 179, Line 1
incapacitated person, as defined in section 15-14-102 (5), C.R.S.Page 179, Line 2person subject to guardianship pursuant to section 15-14.7-301
Page 179, Line 3or a person subject to conservatorship pursuant to section 15-14.7-401.
Page 179, Line 4SECTION 37. In Colorado Revised Statutes, 22-31-129, amend (1) introductory portion and (1)(g) as follows:
Page 179, Line 522-31-129. Vacancies. (1) A school director office
shall bePage 179, Line 6deemed to be vacant upon the occurrence of any one of the following events prior to the expiration of the term of office:
Page 179, Line 7(g) If a court of competent jurisdiction determines that the person
Page 179, Line 8duly elected or appointed is insane or otherwise mentally incompetent,
Page 179, Line 9but only after the right to appeal has been waived or otherwise exhausted,
Page 179, Line 10and a court enters, pursuant to
part 3 or part 4 of article 14 of title 15 orPage 179, Line 11
section 27-65-109 (4)Page 179, Line 12section 27-65-110 (4) or 27-65-127
C.R.S.,Page 179, Line 13that the insanity or mental incompetency is of such a degree that the person is incapable of serving as a school director;
Page 179, Line 14SECTION 38. In Colorado Revised Statutes, 22-60.5-107, amend (2)(a) as follows:
Page 179, Line 1522-60.5-107. Grounds for denying, annulling, suspending, or
Page 179, Line 16revoking license, certificate, endorsement, or authorization -
Page 179, Line 17definitions. (2) Any license, certificate, endorsement, or authorization
Page 179, Line 18may be denied, annulled, suspended, or revoked in the manner prescribed
Page 179, Line 19in section 22-60.5-108, notwithstanding the provisions of subsection (1) of this section:
Page 179, Line 20(a) When the holder has been determined to be mentally
Page 179, Line 21incompetent by a court of competent jurisdiction and a court has entered,
Page 180, Line 1pursuant to
part 3 or part 4 of article 14 of title 15Page 180, Line 2article 14.7 of title 15 or
section 27-65-109 (4)Page 180, Line 3or 27-65-127,
C.R.S.,Page 180, Line 4incompetency is of such a degree that the holder is incapable of
Page 180, Line 5continuing to perform
his or herPage 180, Line 6license, certificate, endorsement, or authorization held by a person who
Page 180, Line 7has been determined to be mentally incompetent and for whom such an
Page 180, Line 8order has been entered
shallPage 180, Line 9of law without a hearing, notwithstanding the provisions of section 22-60.5-108;
Page 180, Line 10SECTION 39. In Colorado Revised Statutes, 26-3.1-104, amend (2) as follows:
Page 180, Line 1126-3.1-104. Provision of protective services for at-risk adults
Page 180, Line 12- consent - nonconsent - least restrictive intervention. (2) If a county
Page 180, Line 13director or
his or herPage 180, Line 14an at-risk adult is being or has been mistreated or self-neglected, or is at
Page 180, Line 15risk thereof, and if the at-risk adult appears to lack capacity to make
Page 180, Line 16decisions and does not consent to the receipt of protective services, the
Page 180, Line 17county director is urged, if no other appropriate person is able or willing,
Page 180, Line 18to petition the court, pursuant to
part 3 of article 14 of title 15, C.R.S.Page 180, Line 19part 3 of article 14.7 of title 15, for an order authorizing the
Page 180, Line 20provision of specific protective services and for the appointment of a
Page 180, Line 21guardian, for an order authorizing the appointment of a conservator
Page 180, Line 22pursuant to
part 4 of article 14 of title 15, C.R.S.Page 180, Line 23of title 15, for an order authorizing a protective arrangement
Page 180, Line 24pursuant to part 5 of article 14.7 of title 15, or for a court order
Page 180, Line 25providing for any combination of these actions.
Page 181, Line 1SECTION 40. In Colorado Revised Statutes, 26-3.1-111, amend (8.5)(e) as follows:
Page 181, Line 226-3.1-111. Access to CAPS - employment checks -
Page 181, Line 3conservatorship and guardianship checks - confidentiality - fees -
Page 181, Line 4rules - legislative declaration - definitions. (8.5) (e) Nothing in this
Page 181, Line 5subsection (8.5) delays or precludes the court's appointment of an
Page 181, Line 6emergency guardian or conservator of an at-risk adult pursuant to
sectionPage 181, Line 7
15-14-312 or 15-14-412Page 181, Line 815-14.7-503, regardless of the timing of the state department's notification of the CAPS check results.
Page 181, Line 9SECTION 41. In Colorado Revised Statutes, amend 26-6-702 as follows:
Page 181, Line 1026-6-702. Definitions. As used in this part 7, unless the context otherwise requires:
Page 181, Line 11(1) "Approved temporary caregiver" means a person approved by
Page 181, Line 12a temporary care assistance program pursuant to this part 7 who is
Page 181, Line 13delegated temporary care responsibility of a minor by a parent or guardian through a power of attorney.
as described in section 15-14-105.Page 181, Line 14(2) "Temporary care assistance program" means a program
Page 181, Line 15operated by a child placement agency that assists a parent or guardian
Page 181, Line 16with recruiting and identifying an appropriate and safe approved
Page 181, Line 17temporary caregiver to whom the parent or guardian can choose to
Page 181, Line 18delegate temporary care responsibility of a minor through a power of attorney.
pursuant to section 15-14-105.Page 181, Line 19SECTION 42. In Colorado Revised Statutes, 26-6-704, amend (1)(a)(I) as follows:
Page 181, Line 2026-6-704. Temporary care assistance program - limitations on
Page 182, Line 1duration of delegation - approved temporary caregiver. (1) (a) (I) A
Page 182, Line 2parent or guardian of a minor may use the assistance of a temporary care
Page 182, Line 3assistance program to identify an approved temporary caregiver to
Page 182, Line 4delegate any power regarding care, custody, or property of the minor,
Page 182, Line 5except the power to consent to marriage or adoption, by a power of attorney.
as described in section 15-14-105.Page 182, Line 6SECTION 43. In Colorado Revised Statutes, 26-6-905, amend (10) as follows:
Page 182, Line 726-6-905. Licenses - out-of-state notices and consent -
Page 182, Line 8demonstration pilot program - report - rules - definition. (10) The
Page 182, Line 9state department shall not issue a license to operate a residential or day
Page 182, Line 10treatment child care facility, foster care home, or child placement agency
Page 182, Line 11if the person applying for the license or an affiliate of the applicant, a
Page 182, Line 12person employed by the applicant, or a person who resides with the
Page 182, Line 13applicant at the facility has been determined to be insane or mentally
Page 182, Line 14incompetent by a court of competent jurisdiction and, if the court enters,
Page 182, Line 15pursuant to
part 3 or part 4 of article 14 of title 15Page 182, Line 16article 14.7 of title 15, or section 27-65-110 (4) or 27-65-127, an order
Page 182, Line 17specifically finding that the mental incompetency or insanity is of such a
Page 182, Line 18degree that the applicant is incapable of operating a residential or day
Page 182, Line 19treatment child care facility, foster care home, or child placement agency.
Page 182, Line 20The record of
suchsuchbeingthereofPage 182, Line 21SECTION 44. In Colorado Revised Statutes, 26-6-914, amend (2)(c) and (6)(a)(I)(C) as follows:
Page 182, Line 2226-6-914. Denial of license - suspension - revocation -
Page 182, Line 23probation - refusal to renew license - fines - definitions. (2) The
Page 183, Line 1department may deny an application, or suspend, revoke, or make
Page 183, Line 2probationary the license, of any facility or agency regulated and licensed
Page 183, Line 3pursuant to this part 9 or assess a fine against the licensee pursuant to
Page 183, Line 4section 26-6-921 if the licensee, an affiliate of the licensee, a person
Page 183, Line 5employed by the licensee, or a person who resides with the licensee at the facility or agency:
Page 183, Line 6(c) Is determined to be insane or mentally incompetent by a court
Page 183, Line 7of competent jurisdiction;
and,part 3 orPage 183, Line 8
part 4 of article 14 of title 15Page 183, Line 9or section 27-65-110 (4) or 27-65-127, an order specifically finding that
Page 183, Line 10the mental incompetency or insanity is of such a degree that the licensee
Page 183, Line 11is incapable of operating a facility or agency; and the record of
suchPage 183, Line 12determination and entry of
suchbeingthereofPage 183, Line 13(6) (a) (I) The state department shall deny an application for a
Page 183, Line 14license under the circumstances described in section 26-6-905 (8). The state department shall revoke or suspend a license previously issued if:
Page 183, Line 15(C) The licensee, an affiliate of the licensee, a person employed
Page 183, Line 16by the licensee, or a person who resides with the licensee at the facility or
Page 183, Line 17agency has been determined to be insane or mentally incompetent by a
Page 183, Line 18court of competent jurisdiction and a court has entered, pursuant to
partPage 183, Line 19
3 or part 4 of article 14 of title 15Page 183, Line 20title 15, or section 27-65-110 (4) or 27-65-127, an order specifically
Page 183, Line 21finding that the mental incompetency or insanity is of such a degree that
Page 183, Line 22the licensee is incapable of operating a facility or agency. The record of
Page 183, Line 23
suchsuchbeingPage 183, Line 24evidence
thereofPage 184, Line 1SECTION 45. In Colorado Revised Statutes, 26.5-4-112, amend (2) as follows:
Page 184, Line 226.5-4-112. Exemptions - requirements. (2) As a prerequisite
Page 184, Line 3to entering into a valid CCCAP contract with a county office or to being
Page 184, Line 4a party to any other payment agreement for the provision of care for a
Page 184, Line 5child whose care is funded in whole or in part with money received on the
Page 184, Line 6child's behalf from publicly funded state child care assistance programs,
Page 184, Line 7an exempt family child care home provider shall sign an attestation that
Page 184, Line 8affirms the provider, and any qualified adult residing in the exempt family
Page 184, Line 9child care home, has not been determined to be insane or mentally
Page 184, Line 10incompetent by a court of competent jurisdiction and a court has not
Page 184, Line 11entered, pursuant to
part 3 or 4 of article 14 of title 15Page 184, Line 12article 14.7 of title 15, or section 27-65-110 (4) or 27-65-127, an order
Page 184, Line 13specifically finding that the mental incompetency or insanity is of such a
Page 184, Line 14degree that the provider cannot safely operate an exempt family child care home.
Page 184, Line 15SECTION 46. In Colorado Revised Statutes, 26.5-5-309, amend (5) as follows:
Page 184, Line 1626.5-5-309. Licenses - rules - definition. (5) The department
Page 184, Line 17shall not issue a license to operate an agency or facility defined in this
Page 184, Line 18part 3 if the person applying for the license or an affiliate of the applicant,
Page 184, Line 19a person employed by the applicant, or a person who resides with the
Page 184, Line 20applicant at the facility has been determined to be insane or mentally
Page 184, Line 21incompetent by a court of competent jurisdiction and a court has entered,
Page 184, Line 22pursuant to
part 3 or part 4 of article 14 of title 15Page 184, Line 23article 14.7 of title 15, or section 27-65-110 (4) or 27-65-127, an order
Page 184, Line 24specifically finding that the mental incompetency or insanity is of such a
Page 185, Line 1degree that the applicant is incapable of operating a family child care
Page 185, Line 2home or child care center. The record of the determination and entry of the order are conclusive evidence of the determination.
Page 185, Line 3SECTION 47. In Colorado Revised Statutes, 26.5-5-317, amend (2)(c), (5)(a)(I) introductory portion, and (5)(a)(I)(C) as follows:
Page 185, Line 426.5-5-317. Denial of license - suspension - revocation -
Page 185, Line 5probation - refusal to renew license - fines. (2) The department may
Page 185, Line 6deny an application, or suspend, revoke, or make probationary the license
Page 185, Line 7of any facility regulated and licensed pursuant to this part 3 or assess a
Page 185, Line 8fine against the licensee pursuant to section 26.5-5-323 if the licensee, an
Page 185, Line 9affiliate of the licensee, a person employed by the licensee, or a person who resides with the licensee at the facility:
Page 185, Line 10(c) Is determined to be insane or mentally incompetent by a court
Page 185, Line 11of competent jurisdiction;
and, ifpart 3 or partPage 185, Line 12
4 of article 14 of title 15Page 185, Line 13section 27-65-110 (4) or 27-65-127, an order specifically finding that the
Page 185, Line 14mental incompetency or insanity is of such a degree that the licensee is
Page 185, Line 15incapable of operating a family child care home or child care center; and
Page 185, Line 16the record of
suchsuchbeingthereofPage 185, Line 17(5) (a) (I) The department shall deny an application for a license
Page 185, Line 18under the circumstances described in section 26.5-5-309 (4). The department
shallPage 185, Line 19(C) The licensee, an affiliate of the licensee, a person employed
Page 185, Line 20by the licensee, or a person who resides with the licensee at the facility
Page 185, Line 21has been determined to be insane or mentally incompetent by a court of
Page 185, Line 22competent jurisdiction;
andpart 3 or partPage 186, Line 1
4 of article 14 of title 15Page 186, Line 2section 27-65-110 (4) or 27-65-127, an order specifically finding that the
Page 186, Line 3mental incompetency or insanity is of such a degree that the licensee is
Page 186, Line 4incapable of operating a family child care home or child care center; and
Page 186, Line 5the record of the determination and entry of the order
beingthereofPage 186, Line 6SECTION 48. In Colorado Revised Statutes, 26.5-5-326, amend (4)(b) as follows:
Page 186, Line 726.5-5-326. Exempt family child care home providers -
Page 186, Line 8fingerprint-based criminal history record check - child care
Page 186, Line 9assistance program money - temporary care - rules - definitions.
Page 186, Line 10(4) The department or a county department shall not issue or renew a
Page 186, Line 11contract to provide money pursuant to the Colorado child care assistance
Page 186, Line 12program pursuant to part 1 of article 4 of this title 26.5 to a qualified provider if the qualified provider or a qualified adult:
Page 186, Line 13(b) Has been determined to be insane or mentally incompetent by
Page 186, Line 14a court of competent jurisdiction and a court has entered, pursuant to
partPage 186, Line 15
3 or 4 of article 14 of title 15Page 186, Line 16or section 27-65-110 (4) or 27-65-127, an order specifically finding that
Page 186, Line 17the mental incompetency or insanity is of such a degree that the qualified
Page 186, Line 18provider cannot safely operate a child care home. The record of the
Page 186, Line 19determination and entry of the order are conclusive evidence
thereofPage 186, Line 20the determination. A qualified provider shall sign an attestation
Page 186, Line 21affirming the lack of such a finding prior to entering into or renewing a
Page 186, Line 22contract for money under the Colorado child care assistance program, pursuant to section 26.5-4-112 (2).
Page 186, Line 23SECTION 49. In Colorado Revised Statutes, 27-65-103, amend (1) as follows:
Page 187, Line 127-65-103. Voluntary applications for mental health services.
Page 187, Line 2(1) Nothing in this article 65 in any way limits the right of any person to
Page 187, Line 3make a voluntary application at any time to any public or private agency
Page 187, Line 4or professional person for mental health services, either by direct
Page 187, Line 5application in person or by referral from any other public or private
Page 187, Line 6agency or professional person. Subject to
section 15-14-316 (4), a ward,Page 187, Line 7
as defined in section 15-14-102 (15)Page 187, Line 8individual who is appointed a guardian may be admitted to a hospital
Page 187, Line 9or institutional care and treatment for a mental health disorder with the
Page 187, Line 10guardian's consent for as long as the
wardsuchPage 187, Line 11care and treatment. The guardian shall immediately notify in writing the court that appointed the guardian of the admission.
Page 187, Line 12SECTION 50. In Colorado Revised Statutes, 27-65-127, amend (1)(a) as follows:
Page 187, Line 1327-65-127. Imposition of legal disability - deprivation of legal
Page 187, Line 14right - restoration - repeal. (1) (a) When an interested person wishes to
Page 187, Line 15obtain a determination as to the imposition of a legal disability or the
Page 187, Line 16deprivation of a legal right for a person who has a mental health disorder
Page 187, Line 17and who is a danger to the person's self or others, is gravely disabled, or
Page 187, Line 18is insane, as defined in section 16-8-101, and who is not then subject to
Page 187, Line 19proceedings pursuant to this article 65 or
part 3 or part 4 of article 14 ofPage 187, Line 20
title 15Page 187, Line 21may petition the court for a specific finding as to the legal disability or
Page 187, Line 22deprivation of a legal right. Actions commenced pursuant to this
Page 187, Line 23subsection (1) may include, but are not limited to, actions to determine
Page 187, Line 24contractual rights and rights with regard to the operation of motor vehicles.
Page 188, Line 1SECTION 51. In Colorado Revised Statutes, 30-10-105, amend (4)(a) as follows:
Page 188, Line 230-10-105. When office becomes vacant. (4) (a) Any county
Page 188, Line 3officer shall be declared incapacitated when there is a judicial
Page 188, Line 4determination that
hePage 188, Line 5fully carry out the responsibilities of
hisPage 188, Line 6physical illness or disability and
hesoPage 188, Line 7unable to do so for a continuous period of not less than six months
Page 188, Line 8immediately preceding the finding of incapacity. The quantum of proof
Page 188, Line 9required, the procedures to be followed, and the rights reserved to the
Page 188, Line 10subject of any determination of incapacity
underPage 188, Line 11subsection (4)
shall bePage 188, Line 12guardians in
part 3 of article 14 of title 15, C.R.S.Page 188, Line 13SECTION 52. In Colorado Revised Statutes, 42-2-116, amend (5) as follows:
Page 188, Line 1442-2-116. Restricted license. (5) The department is authorized
Page 188, Line 15after examination to issue a restricted license to a person with a
Page 188, Line 16behavioral or mental health disorder or an intellectual and developmental
Page 188, Line 17disability, containing such restrictions as may be imposed upon
saidPage 188, Line 18person by a court pursuant to
part 3 or part 4 of article 14 of title 15Page 188, Line 193, 4, or 5 of article 14.7 of title 15 or section 27-65-110 (4) or 27-65-127.
Page 188, Line 20SECTION 53. In Colorado Revised Statutes, 42-2-125, amend (1)(h) as follows:
Page 188, Line 2142-2-125. Mandatory revocation of license and permit. (1) The
Page 189, Line 1department shall immediately revoke the license or permit of any driver or minor driver upon receiving a record showing that the driver has:
Page 189, Line 2(h) Been determined to be mentally incompetent by a court of
Page 189, Line 3competent jurisdiction and for whom a court has entered, pursuant to
partPage 189, Line 4
3 or part 4 of article 14 of title 15Page 189, Line 5title 15 or section 27-65-110 (4) or 27-65-127, an order specifically
Page 189, Line 6finding that the mental incompetency is of such a degree that the person is incapable of safely operating a motor vehicle;
Page 189, Line 7SECTION 54. In Colorado Revised Statutes, repeal parts 1, 2,
Page 189, Line 8and 3 of article 14 of title 15, 15-14-401, 15-14-402, 15-14-403,
Page 189, Line 915-14-404, 15-14-405, 15-14-406, 15-14-406.5, 15-14-407, 15-14-408,
Page 189, Line 1015-14-409, 15-14-410, 15-14-411, 15-14-412, 15-14-413, 15-14-414,
Page 189, Line 1115-14-415, 15-14-416, 15-14-417, 15-14-418, 15-14-419, 15-14-420,
Page 189, Line 1215-14-421, 15-14-422, 15-14-423, 15-14-424, 15-14-425, 15-14-425.5,
Page 189, Line 1315-14-426, 15-14-427, 15-14-428, 15-14-429, 15-14-430, 15-14-431, 15-14-432, 15-14-433, and 15-14-434.
Page 189, Line 14SECTION 55. Act subject to petition - effective date. This act
Page 189, Line 15takes effect at 12:01 a.m. on the day following the expiration of the
Page 189, Line 16ninety-day period after final adjournment of the general assembly; except
Page 189, Line 17that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 189, Line 18of the state constitution against this act or an item, section, or part of this
Page 189, Line 19act within such period, then the act, item, section, or part will not take
Page 189, Line 20effect unless approved by the people at the general election to be held in
Page 189, Line 21November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.