House Committee of Reference Report
Committee on Judiciary
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April 1, 2026
After consideration on the merits, the Committee recommends the following:
HB26-1100 be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:
Page 1, Line 1Amend printed bill, strike everything below the enacting clause and
Page 1, Line 2substitute:
Page 1, Line 3"SECTION 1. In Colorado Revised Statutes, 15-14-102, amend
Page 1, Line 4(1), (4), (7.5), and (10.5); and add (1.3), (1.5), (3.5), (4.5), (6.5), (7.3),
Page 1, Line 5(10.3), and (11.5) as follows:
Page 1, Line 615-14-102. Definitions.
Page 1, Line 7In parts 1 to 4 of this article 14:
Page 1, Line 8(1) "Claim", with respect to a protected person, includes a claim
Page 1, Line 9against an individual, whether arising in contract, tort, or otherwise, and
Page 1, Line 10a claim against an estate which arises at or after the appointment of a
Page 1, Line 11conservator, including expenses of administration "Adult" means an
Page 1, Line 12individual at least eighteen years old or an emancipated
Page 1, Line 13individual under eighteen years old.
Page 1, Line 14(1.3) "Adult subject to guardianship" means an adult for
Page 1, Line 15whom a guardian has been appointed pursuant to this article 14.
Page 1, Line 16(1.5) "Claim", with respect to a protected person, includes
Page 1, Line 17a claim against an individual, whether arising in contract, tort,
Page 1, Line 18or otherwise, and a claim against an estate which arises at or
Page 1, Line 19after the appointment of a conservator, including expenses of
Page 1, Line 20administration.
Page 1, Line 21(3.5) "Full guardianship" means a guardianship that
Page 1, Line 22grants the guardian all powers available pursuant to this
Page 1, Line 23article 14.
Page 1, Line 24(4) "Guardian" means an individual at least twenty-one years of
Page 1, Line 25age old, resident or non-resident, who has qualified as a guardian of a
Page 1, Line 26minor or incapacitated person pursuant to appointment by a parent or by
Page 1, Line 27the court. The term includes a limited, emergency, and temporary
Page 1, Line 28substitute guardian but not a guardian ad litem.
Page 2, Line 1(4.5) "Guardian ad litem" means a person appointed to
Page 2, Line 2inform the court about, and to represent, the needs and best
Page 2, Line 3interest of an individual.
Page 2, Line 4(6.5) "Less restrictive alternative" means an approach to
Page 2, Line 5meeting an individual's needs that restricts fewer rights of the
Page 2, Line 6individual than would the appointment of a guardian or
Page 2, Line 7conservator. The term includes protective arrangement or
Page 2, Line 8services, supported decision-making, appropriate technological
Page 2, Line 9assistance, appointment of a representative payee, and
Page 2, Line 10appointment of an agent by the individual, including appointment
Page 2, Line 11under a power of attorney for health care or power of attorney
Page 2, Line 12for finances.
Page 2, Line 13(7.3) "Limited guardianship" means a guardianship that
Page 2, Line 14grants the guardian less than all powers available pursuant to
Page 2, Line 15this article 14 or otherwise restricts the powers of the
Page 2, Line 16guardian.
Page 2, Line 17(7.5) "Member of the supportive community" means a person
Page 2, Line 18whom the respondent, ward, or protected person has trusted for the
Page 2, Line 19one-year period immediately preceding the filing of a petition pursuant to
Page 2, Line 20section 15-14-304 section 15-14-302 or 15-14-403 to engage in
Page 2, Line 21supported decision-making and who may have relevant information about
Page 2, Line 22the respondent's, ward's, or protected person's desires and personal values.
Page 2, Line 23(10.3) "Person interested in the welfare of" means an
Page 2, Line 24interested person with regard to the well-being of an individual
Page 2, Line 25subject to guardianship or conservatorship, who, with respect to
Page 2, Line 26the matter under consideration, has relevant concern that the
Page 2, Line 27relief requested in the matter or outcome of the matter is
Page 2, Line 28required for the protection of the individual's health, safety,
Page 2, Line 29welfare, or estate, or may have a harmful effect on the
Page 2, Line 30individual's health, safety, welfare, or estate.
Page 2, Line 31(10.5) "Post-adjudication" means after appointment of a
Page 2, Line 32permanent guardian or special or permanent conservator after a hearing
Page 2, Line 33for which a respondent was provided notice pursuant to section
Page 2, Line 3415-14-309 section 15-14-303 or section 15-14-404, or both, and at which
Page 2, Line 35the respondent had an opportunity to present evidence and be heard.
Page 2, Line 36(11.5) "Protective arrangement" means a court-ordered
Page 2, Line 37alternative to guardianship designed to protect the
Page 2, Line 38respondent's personal interests and authorize actions necessary
Page 2, Line 39to meet the respondent's need for health, safety, or care.
Page 2, Line 40SECTION 2. In Colorado Revised Statutes, add 15-14-103 as
Page 2, Line 41follows:
Page 2, Line 4215-14-103. Guardianship bill of rights.
Page 2, Line 43(1) An adult subject to guardianship has the right to:
Page 3, Line 1(a) Be treated with dignity and respect;
Page 3, Line 2(b) Be free from abuse, neglect, exploitation, and
Page 3, Line 3discrimination;
Page 3, Line 4(c) Remain as independent as possible;
Page 3, Line 5(d) Express and practice their own religious preferences;
Page 3, Line 6(e) Personal privacy;
Page 3, Line 7(f) Humane, safe, and sanitary living, learning, and
Page 3, Line 8working environments;
Page 3, Line 9(g) Sexual expression and to have their gender identity
Page 3, Line 10respected;
Page 3, Line 11(h) A competent guardian who advocates for their goals,
Page 3, Line 12needs, and preferences and respects their desires, including
Page 3, Line 13medical treatment preferences, cultural practices, and
Page 3, Line 14religious beliefs;
Page 3, Line 15(i) A competent guardian who maintains frequent contact
Page 3, Line 16with the adult subject to guardianship. For the purposes of this
Page 3, Line 17section, a guardian is competent if the guardian obtains
Page 3, Line 18necessary training and education, upholds appropriate
Page 3, Line 19standards of practice, and is in compliance with relevant law
Page 3, Line 20and court orders.
Page 3, Line 21(j) Fully participate, to the extent possible, in all
Page 3, Line 22decisions, especially those affecting their care, where they live,
Page 3, Line 23their activities, and their social interactions, to the extent they
Page 3, Line 24wish to be involved and are able to be involved;
Page 3, Line 25(k) Receive necessary services and rehabilitation, within
Page 3, Line 26available resources, that protect their personal liberty and
Page 3, Line 27are provided within the least restrictive conditions;
Page 3, Line 28(l) Have the guardian prudently manage their resources;
Page 3, Line 29(m) Fully participate, to the extent possible, in decisions
Page 3, Line 30about how their property is managed, to the extent they wish to
Page 3, Line 31be involved and are able to be involved;
Page 3, Line 32(n) Keep confidential those matters that they wish to keep
Page 3, Line 33confidential unless the information is necessary to obtain
Page 3, Line 34services; to prevent abuse, neglect, or exploitation; or to modify
Page 3, Line 35the guardianship order or other orders entered into pursuant
Page 3, Line 36to article 14 or 14.5 of this title 15;
Page 3, Line 37(o) Keep all rights that the court has not granted to
Page 3, Line 38guardian or conservator;
Page 3, Line 39(p) A lawyer who advocates for the outcome the adult
Page 3, Line 40subject to guardianship wants;
Page 3, Line 41(q) Be present and participate in all court hearings;
Page 3, Line 42(r) Let the court know concerns or complaints about their
Page 3, Line 43guardianship;
Page 4, Line 1(s) Ask the court to review the need for their
Page 4, Line 2guardianship to change, continue, or end and whether their
Page 4, Line 3guardian is an appropriate fit;
Page 4, Line 4(t) If a question arises about their capacity to exercise a
Page 4, Line 5specific right, have a qualified person evaluate what they can
Page 4, Line 6do and whether to have some or all of their rights restored;
Page 4, Line 7(u) The support and accommodations they need to be able
Page 4, Line 8to effectively communicate with the court and to understand
Page 4, Line 9the court proceedings; and
Page 4, Line 10(v) Have their rights explained to them in their preferred
Page 4, Line 11method of communication and in the language they choose.
Page 4, Line 12(2) The court may authorize a guardian or conservator
Page 4, Line 13to make decisions for the following rights on behalf of the
Page 4, Line 14adult subject to guardianship if the authorization is consistent
Page 4, Line 15with the adult subject to guardianship's preferences and values:
Page 4, Line 16(a) To determine the adult subject to guardianship's social
Page 4, Line 17environment and social aspects of their personal life;
Page 4, Line 18(b) To file and defend lawsuits;
Page 4, Line 19(c) To make contracts;
Page 4, Line 20(d) To make gifts of the adult subject to guardianship's
Page 4, Line 21money; and
Page 4, Line 22(e) To manage the adult subject to guardianship's money
Page 4, Line 23and property.
Page 4, Line 24(3) The adult subject to guardianship retains the right to
Page 4, Line 25vote, to maintain their reproductive health and ability to
Page 4, Line 26procreate, and to change the adult subject to guardianship's
Page 4, Line 27marital status, unless the court restricts those rights by
Page 4, Line 28stating the restrictions and the relevant findings to support the
Page 4, Line 29restriction in the order appointing the guardian.
Page 4, Line 30SECTION 3. In Colorado Revised Statutes, repeal and reenact,
Page 4, Line 31with amendments, part 3 of article 14 of title 15 as follows:
Page 4, Line 32PART 3
Page 4, Line 33GUARDIANSHIP OF ADULT
Page 4, Line 3415-14-301. Basis for appointment of guardian for adult.
Page 4, Line 35(1) On petition and after notice and hearing, the court
Page 4, Line 36may:
Page 4, Line 37(a) Appoint a guardian for an adult if the court finds by
Page 4, Line 38clear and convincing evidence that:
Page 4, Line 39(I) The respondent lacks the ability to meet essential
Page 4, Line 40requirements for health, safety, or welfare because the
Page 4, Line 41respondent is unable to receive and evaluate information or
Page 4, Line 42make or communicate decisions, even with appropriate supportive
Page 4, Line 43services, technological assistance, or supported
Page 5, Line 1decision-making; and
Page 5, Line 2(II) The respondent's identified needs cannot be met by a
Page 5, Line 3protective arrangement or other less restrictive alternative;
Page 5, Line 4or
Page 5, Line 5(b) With appropriate findings, treat the petition as one for
Page 5, Line 6a protective arrangement or other less restrictive alternative.
Page 5, Line 7(2) The court shall grant a guardian appointed pursuant
Page 5, Line 8to subsection (1) of this section only those powers necessitated
Page 5, Line 9by the demonstrated needs and limitations of the respondent
Page 5, Line 10and issue orders that will encourage development of the
Page 5, Line 11respondent's maximum self-determination and independence. The
Page 5, Line 12court shall not establish a full guardianship if a limited
Page 5, Line 13guardianship, protective arrangement, or other less restrictive
Page 5, Line 14alternative would meet the needs of the respondent.
Page 5, Line 1515-14-302. Petition for appointment of guardian for adult.
Page 5, Line 16(1) A person interested in the welfare of an adult,
Page 5, Line 17including the adult for whom the order is sought, may petition
Page 5, Line 18for appointment of a guardian for the adult.
Page 5, Line 19(2) A petition filed pursuant to subsection (1) of this
Page 5, Line 20section must state the petitioner's name; principal residence;
Page 5, Line 21current street address, if different; relationship to the
Page 5, Line 22respondent; interest in the appointment; the name and address of
Page 5, Line 23any attorney representing the petitioner; the reason
Page 5, Line 24guardianship is necessary; and, to the extent known, the
Page 5, Line 25following:
Page 5, Line 26(a) The respondent's name; age; principal residence;
Page 5, Line 27current street address, if different; and, if different, the
Page 5, Line 28address of the dwelling where the respondent is proposed to
Page 5, Line 29reside if the petition is granted;
Page 5, Line 30(b) The name and address of the respondent's:
Page 5, Line 31(I) Spouse or domestic partner or, if the respondent has
Page 5, Line 32none, any adult with whom the respondent has shared
Page 5, Line 33household responsibilities for more than six months in the
Page 5, Line 34twelve-month period immediately before the filing of the
Page 5, Line 35petition;
Page 5, Line 36(II) Adult children or, if none, each parent and adult
Page 5, Line 37sibling of the respondent; and
Page 5, Line 38(III) Adult stepchildren whom the respondent actively
Page 5, Line 39parented during the stepchildren's minor years and with whom
Page 5, Line 40the respondent had an ongoing relationship in the two-year
Page 5, Line 41period immediately before the filing of the petition;
Page 5, Line 42(c) The name and current address of each of the
Page 5, Line 43following, if applicable:
Page 6, Line 1(I) A person responsible for care of the respondent;
Page 6, Line 2(II) Any attorney currently representing the respondent;
Page 6, Line 3(III) Any representative payee appointed by the social
Page 6, Line 4security administration for the respondent;
Page 6, Line 5(IV) A guardian or conservator acting for the respondent
Page 6, Line 6in this state or in another jurisdiction;
Page 6, Line 7(V) A trustee or custodian of a trust or custodianship of
Page 6, Line 8which the respondent is a beneficiary;
Page 6, Line 9(VI) Any fiduciary for the respondent appointed by the
Page 6, Line 10department of veterans affairs;
Page 6, Line 11(VII) An agent designated under a power of attorney for
Page 6, Line 12health care in which the respondent is identified as the principal;
Page 6, Line 13(VIII) An agent designated under a power of attorney for
Page 6, Line 14finances in which the respondent is identified as the principal;
Page 6, Line 15(IX) A person nominated as guardian by the respondent;
Page 6, Line 16(X) A person nominated as guardian by the respondent's
Page 6, Line 17parent or spouse or domestic partner in a will or other signed
Page 6, Line 18record;
Page 6, Line 19(XI) A proposed guardian and the reason for selecting the
Page 6, Line 20proposed guardian; and
Page 6, Line 21(XII) A member of the respondent's supportive community;
Page 6, Line 22(d) Whether the petitioner seeks a limited guardianship or
Page 6, Line 23full guardianship;
Page 6, Line 24(e) If the petitioner seeks a full guardianship, the reason
Page 6, Line 25a limited guardianship or protective arrangement instead of
Page 6, Line 26guardianship is not appropriate;
Page 6, Line 27(f) If a limited guardianship is requested, the powers to be
Page 6, Line 28granted to the guardian;
Page 6, Line 29(g) The name and current address, if known, of any person
Page 6, Line 30with whom the petitioner seeks to limit the respondent's
Page 6, Line 31contact;
Page 6, Line 32(h) If the respondent has property other than personal
Page 6, Line 33effects, a general statement of the respondent's property with
Page 6, Line 34an estimate of its value, including any insurance or pension, and
Page 6, Line 35the source and amount of other anticipated income or receipts;
Page 6, Line 36and
Page 6, Line 37(i) Whether the respondent needs an interpreter,
Page 6, Line 38translator, or other form of support to communicate
Page 6, Line 39effectively with the court or to understand court proceedings.
Page 6, Line 40(3) The reason for why guardianship is necessary that is
Page 6, Line 41included in the petition pursuant to subsection (2) of this section
Page 6, Line 42must include a brief description of:
Page 6, Line 43(a) The nature and extent of the respondent's alleged
Page 7, Line 1need;
Page 7, Line 2(b) Any protective arrangement or other less restrictive
Page 7, Line 3alternatives for meeting the respondent's alleged need that
Page 7, Line 4have been considered or implemented;
Page 7, Line 5(c) If no protective arrangement or other less restrictive
Page 7, Line 6alternatives have been considered or implemented, the reason
Page 7, Line 7they have not been considered or implemented; and
Page 7, Line 8(d) The reason a protective arrangement or other less
Page 7, Line 9restrictive alternative is insufficient to meet the respondent's
Page 7, Line 10alleged need.
Page 7, Line 1115-14-303. Notice of hearing for appointment of guardian for
Page 7, Line 12adult.
Page 7, Line 13(1) On filing of a petition pursuant to section 15-14-302 for
Page 7, Line 14appointment of a guardian for an adult, the court shall set a
Page 7, Line 15date, time, and place for hearing the petition.
Page 7, Line 16(2) (a) A copy of a petition described in section 15-14-302
Page 7, Line 17and notice of a hearing on the petition must be served
Page 7, Line 18personally on the respondent. The notice must inform the
Page 7, Line 19respondent of the respondent's rights at the hearing, including
Page 7, Line 20the right to an attorney and to attend the hearing. The notice
Page 7, Line 21must include a description of the nature, purpose, and
Page 7, Line 22consequences of granting the petition. The court shall not
Page 7, Line 23grant the petition if notice substantially complying with this
Page 7, Line 24subsection (2)(a) is not served on the respondent.
Page 7, Line 25(b) After a copy of the petition and notice of a hearing on
Page 7, Line 26the petition is served on the respondent in compliance with
Page 7, Line 27subsection (2)(a) of this section, the court shall appoint an
Page 7, Line 28attorney to represent the respondent at the hearing. The
Page 7, Line 29appointment is at the state's expense, pending a determination of
Page 7, Line 30indigence. If the respondent is determined not to be indigent, the
Page 7, Line 31respondent must be given the option to either retain the
Page 7, Line 32attorney appointed at the respondent's expense or retain an
Page 7, Line 33attorney of their choosing at the respondent's expense. If the
Page 7, Line 34respondent waives their right to counsel, the court must hear
Page 7, Line 35the request on the record and document the justification for
Page 7, Line 36the respondent waiving their right to counsel.
Page 7, Line 37(3) In a proceeding on a petition described in section
Page 7, Line 3815-14-302, the notice required pursuant to subsection (2) of this
Page 7, Line 39section must be given to the persons required to be listed in the
Page 7, Line 40petition pursuant to section 15-14-302 (2)(a) to (2)(c), if known,
Page 7, Line 41and any other person interested in the welfare of the
Page 7, Line 42respondent that the court determines. Failure to give notice
Page 7, Line 43pursuant to this subsection (3) does not preclude the court from
Page 8, Line 1appointing a guardian or ordering a protective arrangement.
Page 8, Line 2(4) If a petition filed pursuant to section 15-14-302 does
Page 8, Line 3not include the name of at least one person described in section
Page 8, Line 415-14-302 (2), the petitioner must search with reasonable
Page 8, Line 5diligence for an adult relative of the respondent and, if an
Page 8, Line 6adult relative is found, give the adult relative notice in
Page 8, Line 7accordance with section 15-10-401 that a petition for
Page 8, Line 8guardianship of the respondent has been filed and give notice of
Page 8, Line 9a hearing on the petition. The notice sent to the adult relative
Page 8, Line 10of the respondent must not include a copy of the petition.
Page 8, Line 11Failure to give notice pursuant to this subsection (4) does not
Page 8, Line 12preclude the court from appointing a guardian.
Page 8, Line 13(5) After the appointment of a guardian, notice of a
Page 8, Line 14hearing on a petition for an order issued pursuant to this part 3,
Page 8, Line 15together with a copy of the petition, must be given to:
Page 8, Line 16(a) The adult subject to guardianship;
Page 8, Line 17(b) The guardian; and
Page 8, Line 18(c) Any other person the court determines.
Page 8, Line 1915-14-304. Appointment and role of visitor.
Page 8, Line 20(1) On receipt of a petition described in section 15-14-302
Page 8, Line 21for appointment of a guardian for an adult, the court shall
Page 8, Line 22appoint a visitor. The court shall disclose in the order
Page 8, Line 23appointing the visitor the specific training or experience the
Page 8, Line 24visitor has with respect to the types of abilities, limitations, and
Page 8, Line 25needs of the respondent alleged in the petition and the basis for
Page 8, Line 26fees to be paid to the visitor.
Page 8, Line 27(2) A visitor appointed pursuant to subsection (1) of this
Page 8, Line 28section shall interview the respondent in person and, in a
Page 8, Line 29manner the respondent is best able to understand:
Page 8, Line 30(a) Explain to the respondent the substance of the
Page 8, Line 31petition; the nature, purpose, and effect of the proceeding; the
Page 8, Line 32respondent's rights at the hearing on the petition; and the
Page 8, Line 33general powers and duties of a guardian;
Page 8, Line 34(b) Determine the respondent's views about the
Page 8, Line 35appointment sought by the petitioner, including views about a
Page 8, Line 36proposed guardian, the guardian's proposed powers and duties,
Page 8, Line 37and the scope and duration of the proposed guardianship;
Page 8, Line 38(c) Explain to the respondent the respondent's right to
Page 8, Line 39employ and consult with an attorney at the respondent's
Page 8, Line 40expense and the right to request representation by a
Page 8, Line 41court-appointed attorney at the respondent's own expense if the
Page 8, Line 42respondent is not indigent; and
Page 8, Line 43(d) Inform the respondent that all costs and expenses of
Page 9, Line 1the proceeding, including the respondent's attorney fees, may be
Page 9, Line 2paid from the respondent's assets unless the respondent is
Page 9, Line 3determined to be indigent by the court.
Page 9, Line 4(3) A visitor appointed pursuant to subsection (1) of this
Page 9, Line 5section shall:
Page 9, Line 6(a) Interview the petitioner and proposed guardian, if any;
Page 9, Line 7(b) Visit the respondent's present dwelling and any
Page 9, Line 8dwelling where the respondent is proposed to reside if the
Page 9, Line 9appointment is made;
Page 9, Line 10(c) Attempt to obtain information from a physician or
Page 9, Line 11other person known to have treated, advised, or assessed the
Page 9, Line 12respondent's relevant physical or mental condition; and
Page 9, Line 13(d) Investigate the allegations in the petition and any
Page 9, Line 14other matter relating to the petition that the court directs the
Page 9, Line 15visitor must investigate.
Page 9, Line 16(4) A visitor appointed pursuant to subsection (1) of this
Page 9, Line 17section promptly shall file a report in a record with the court,
Page 9, Line 18which must include:
Page 9, Line 19(a) A recommendation whether to appoint an attorney to
Page 9, Line 20represent the respondent if an attorney has not already been
Page 9, Line 21appointed pursuant to section 15-14-305;
Page 9, Line 22(b) A recommendation whether to appoint a guardian ad
Page 9, Line 23litem to represent the respondent's interests;
Page 9, Line 24(c) A summary of self-care and independent-living tasks
Page 9, Line 25the respondent can manage without assistance or with existing
Page 9, Line 26supports; could manage with the assistance of appropriate
Page 9, Line 27supportive services, technological assistance, or supported
Page 9, Line 28decision-making; and cannot manage;
Page 9, Line 29(d) A recommendation regarding the appropriateness of
Page 9, Line 30guardianship, including whether a protective arrangement or
Page 9, Line 31other less restrictive alternative for meeting the respondent's
Page 9, Line 32needs is available, and:
Page 9, Line 33(I) If a guardianship is recommended, whether it should be
Page 9, Line 34full or limited; and
Page 9, Line 35(II) If a limited guardianship is recommended, the powers
Page 9, Line 36to be granted to the guardian;
Page 9, Line 37(e) A statement of the qualifications of the proposed
Page 9, Line 38guardian and whether the respondent approves or disapproves
Page 9, Line 39of the proposed guardian;
Page 9, Line 40(f) A statement whether the proposed dwelling meets the
Page 9, Line 41respondent's needs and whether the respondent has expressed a
Page 9, Line 42preference as to residence;
Page 9, Line 43(g) A recommendation whether a professional evaluation
Page 10, Line 1ordered pursuant to section 15-14-306 is necessary;
Page 10, Line 2(h) A statement whether the respondent is able to attend
Page 10, Line 3a hearing at the location court proceedings typically are held;
Page 10, Line 4(i) A statement whether the respondent is able to
Page 10, Line 5participate in a hearing and a statement that identifies any
Page 10, Line 6technology or other form of support that would enhance the
Page 10, Line 7respondent's ability to participate; and
Page 10, Line 8(j) Any other matter the court determines.
Page 10, Line 915-14-305. Appointment and role of attorney for adult.
Page 10, Line 10(1) The court shall appoint an attorney to represent the
Page 10, Line 11respondent in a proceeding for appointment of a guardian for an
Page 10, Line 12adult. The appointment must be at the state's expense, pending a
Page 10, Line 13determination of indigence. If the respondent is determined not
Page 10, Line 14to be indigent, the respondent must be given the option to either
Page 10, Line 15retain the attorney appointed at the respondent's expense or
Page 10, Line 16retain an attorney of their choosing at the respondent's
Page 10, Line 17expense. If the respondent waives their right to counsel, the
Page 10, Line 18court must hear the request on the record and document the
Page 10, Line 19justification for the respondent waiving their right to counsel.
Page 10, Line 20(2) If at any point the respondent's attorney expresses
Page 10, Line 21concern to the court about the respondent's capacity to form an
Page 10, Line 22attorney-client relationship, the court must hold a hearing to
Page 10, Line 23determine whether the respondent has the capacity to form an
Page 10, Line 24attorney-client relationship. If the court determines that the
Page 10, Line 25respondent lacks the capacity to form an attorney-client
Page 10, Line 26relationship, the court shall appoint a guardian ad litem to
Page 10, Line 27represent the respondent.
Page 10, Line 28(3) An attorney representing the respondent in a
Page 10, Line 29proceeding for appointment of a guardian for an adult shall:
Page 10, Line 30(a) Make reasonable efforts to ascertain the respondent's
Page 10, Line 31wishes;
Page 10, Line 32(b) Advocate for the respondent's wishes to the extent
Page 10, Line 33reasonably ascertainable; and
Page 10, Line 34(c) If the respondent's wishes are not reasonably
Page 10, Line 35ascertainable, advocate for the result that is the least
Page 10, Line 36restrictive in type, duration, and scope, consistent with the
Page 10, Line 37respondent's interests.
Page 10, Line 3815-14-306. Professional evaluation.
Page 10, Line 39(1) At or before a hearing on a petition for a guardianship
Page 10, Line 40for an adult, the court shall order a professional evaluation
Page 10, Line 41of the respondent if:
Page 10, Line 42(a) The respondent requests the evaluation; or
Page 10, Line 43(b) The court finds that additional information may assist
Page 11, Line 1the court in determining the respondent's needs and abilities.
Page 11, Line 2(2) The court shall issue an order for an evaluation as
Page 11, Line 3soon as practicable after receiving a request from the
Page 11, Line 4respondent or upon finding that an evaluation is necessary to
Page 11, Line 5determine the respondent's needs and abilities. If the evaluation
Page 11, Line 6cannot be completed prior to the date of the hearing held
Page 11, Line 7pursuant to section 15-14-303, the respondent may request an
Page 11, Line 8extension to allow time to complete the evaluation.
Page 11, Line 9(3) If the court orders an evaluation pursuant to
Page 11, Line 10subsection (1) of this section, the respondent must be examined
Page 11, Line 11by a licensed physician, psychologist, social worker, or other
Page 11, Line 12individual appointed by the court who is qualified to evaluate
Page 11, Line 13the respondent's alleged cognitive and functional abilities and
Page 11, Line 14limitations and is not advantaged or disadvantaged by a
Page 11, Line 15decision to grant the petition or otherwise does not have a
Page 11, Line 16conflict of interest. The individual conducting the evaluation
Page 11, Line 17promptly shall file a report in a record with the court. Unless
Page 11, Line 18otherwise directed by the court, the report must contain:
Page 11, Line 19(a) A description of the nature, type, and extent of the
Page 11, Line 20respondent's cognitive and functional abilities and limitations;
Page 11, Line 21(b) An evaluation of the respondent's mental and physical
Page 11, Line 22condition and, if appropriate, educational potential, adaptive
Page 11, Line 23behavior, and social skills;
Page 11, Line 24(c) A prognosis for improvement and a recommendation
Page 11, Line 25for the appropriate treatment, support, or habilitation plan; and
Page 11, Line 26(d) The date of the examination on which the report is
Page 11, Line 27based.
Page 11, Line 28(4) The respondent may decline to participate in an
Page 11, Line 29evaluation ordered pursuant to this section.
Page 11, Line 3015-14-307. Attendance and rights at hearing.
Page 11, Line 31(1) Except as otherwise provided in subsection (2) of this
Page 11, Line 32section, a hearing held pursuant to section 15-14-303 must not
Page 11, Line 33proceed unless the respondent attends the hearing. If it is not
Page 11, Line 34reasonably feasible for the respondent to attend a hearing at
Page 11, Line 35the location court proceedings typically are held, the court
Page 11, Line 36shall hold a hearing using real-time audio-visual technology
Page 11, Line 37or, at the court's discretion, hold the hearing at an alternative
Page 11, Line 38location where the respondent can attend using real-time
Page 11, Line 39audio-visual technology.
Page 11, Line 40(2) A hearing held pursuant to section 15-14-303 may
Page 11, Line 41proceed without the respondent in attendance if the court finds
Page 11, Line 42by clear and convincing evidence that:
Page 11, Line 43(a) The respondent has refused to attend the hearing
Page 12, Line 1after having been fully informed of the right to attend and the
Page 12, Line 2potential consequences of failing to do so; or
Page 12, Line 3(b) There is no practicable way for the respondent to
Page 12, Line 4attend and participate in the hearing even with appropriate
Page 12, Line 5supportive services and technological assistance.
Page 12, Line 6(3) The respondent may be assisted in a hearing held
Page 12, Line 7pursuant to section 15-14-303 by a person or persons of the
Page 12, Line 8respondent's choosing, assistive technology, or an interpreter
Page 12, Line 9or translator, or a combination of these supports. If assistance
Page 12, Line 10would facilitate the respondent's participation in the hearing
Page 12, Line 11held pursuant to section 15-14-303 but is not otherwise
Page 12, Line 12available to the respondent, the court shall make reasonable
Page 12, Line 13efforts to provide the assistance.
Page 12, Line 14(4) The respondent has a right to be represented by an
Page 12, Line 15attorney at a hearing held pursuant to section 15-14-303, which
Page 12, Line 16may be a court-appointed attorney or an attorney of the
Page 12, Line 17respondent's choice.
Page 12, Line 18(5) At a hearing held pursuant to section 15-14-303, the
Page 12, Line 19respondent may:
Page 12, Line 20(a) Present evidence and subpoena witnesses and
Page 12, Line 21documents;
Page 12, Line 22(b) Examine witnesses, including any court-appointed
Page 12, Line 23evaluator and the visitor; and
Page 12, Line 24(c) Otherwise participate in the hearing.
Page 12, Line 25(6) Unless excused by the court for good cause, a
Page 12, Line 26proposed guardian, or the proposed guardian's attorney, shall
Page 12, Line 27attend a hearing held pursuant to section 15-14-303.
Page 12, Line 28(7) A hearing held pursuant to section 15-14-303 must be
Page 12, Line 29closed on request of the respondent or on a showing of good
Page 12, Line 30cause. If the hearing held pursuant to section 15-14-303 is not
Page 12, Line 31closed, all records of the hearing must be available for
Page 12, Line 32nonparties to access with a signed release of information.
Page 12, Line 33(8) Any person may request to participate in a hearing
Page 12, Line 34held pursuant to section 15-14-303. The court may grant the
Page 12, Line 35request, with or without a hearing, on determining that the best
Page 12, Line 36interest of the respondent will be served. The court shall
Page 12, Line 37consider the preferences and opinions of the respondent prior to
Page 12, Line 38granting a request to participate in the hearing. The court may
Page 12, Line 39impose appropriate conditions on the person's participation.
Page 12, Line 4015-14-308. Confidentiality of records.
Page 12, Line 41The court shall comply with the administrative rules
Page 12, Line 42adopted by the judicial department concerning the
Page 12, Line 43confidentiality of court records.
Page 13, Line 115-14-309. Who may be guardian for adult - order of priority.
Page 13, Line 2(1) Except as otherwise provided in subsection (3) of this
Page 13, Line 3section, the court, in appointing a guardian for an adult, shall
Page 13, Line 4consider persons qualified to be a guardian in the following
Page 13, Line 5order of priority:
Page 13, Line 6(a) A guardian currently acting for the respondent in
Page 13, Line 7another jurisdiction;
Page 13, Line 8(b) A person nominated as guardian by the respondent, in
Page 13, Line 9writing or orally at the hearing, including the respondent's
Page 13, Line 10most recent nomination made in a power of attorney;
Page 13, Line 11(c) An agent appointed by the respondent under a power of
Page 13, Line 12attorney for health care;
Page 13, Line 13(d) A spouse or domestic partner of the respondent; and
Page 13, Line 14(e) A family member or other individual who has shown
Page 13, Line 15special care and concern for the respondent.
Page 13, Line 16(2) If two or more persons have equal priority pursuant to
Page 13, Line 17subsection (1) of this section, the court shall select as guardian
Page 13, Line 18the person the court considers best qualified. In determining the
Page 13, Line 19best qualified person, the court shall consider the person's
Page 13, Line 20relationship with the respondent, the person's skills, the
Page 13, Line 21expressed wishes of the respondent, the extent to which the
Page 13, Line 22person and the respondent have similar values and preferences,
Page 13, Line 23and the likelihood the person is able to perform the duties of a
Page 13, Line 24guardian successfully.
Page 13, Line 25(3) The court, acting in the best interest of the
Page 13, Line 26respondent, may decline to appoint as guardian a person having
Page 13, Line 27priority pursuant to subsection (1) of this section and appoint a
Page 13, Line 28person having a lower priority or no priority.
Page 13, Line 29(4) Unless the person has priority to serve pursuant to
Page 13, Line 30subsection (1) of this section, a person who provides paid services
Page 13, Line 31to the respondent, or an individual who is employed by a person
Page 13, Line 32who provides paid services to the respondent or is the spouse,
Page 13, Line 33domestic partner, parent, or child of an individual who provides
Page 13, Line 34or is employed to provide paid services to the respondent, must
Page 13, Line 35not be appointed as guardian unless:
Page 13, Line 36(a) The individual is related to the respondent by blood,
Page 13, Line 37marriage, or adoption; or
Page 13, Line 38(b) The court finds by clear and convincing evidence that
Page 13, Line 39the person is the best qualified person available for appointment
Page 13, Line 40and the appointment is in the best interest of the respondent.
Page 13, Line 41(5) The court shall not appoint an owner, operator, or
Page 13, Line 42employee of a long-term care facility at which the respondent
Page 13, Line 43is receiving care as a guardian unless the owner, operator, or
Page 14, Line 1employee is related to the respondent by blood, marriage, or
Page 14, Line 2adoption.
Page 14, Line 3(6) An individual who has a financial or property interest
Page 14, Line 4in the respondent's estate must not be appointed as a guardian
Page 14, Line 5unless the financial or property interest is the result of an
Page 14, Line 6expected inheritance.
Page 14, Line 715-14-310. Order of appointment for guardian.
Page 14, Line 8(1) A court order appointing a guardian for an adult
Page 14, Line 9shall:
Page 14, Line 10(a) Include a specific finding that clear and convincing
Page 14, Line 11evidence established that the identified needs of the respondent
Page 14, Line 12cannot be met by a less restrictive alternative, including use of
Page 14, Line 13appropriate supportive services, technological assistance, or
Page 14, Line 14supported decision-making; and
Page 14, Line 15(b) Include a specific finding that clear and convincing
Page 14, Line 16evidence established the respondent was given proper notice of
Page 14, Line 17the hearing on the petition.
Page 14, Line 18(2) A court order establishing a full guardianship for an
Page 14, Line 19adult must state the basis for granting a full guardianship and
Page 14, Line 20include specific findings that support the conclusion that a
Page 14, Line 21limited guardianship would not meet the functional needs of the
Page 14, Line 22adult subject to guardianship.
Page 14, Line 23(3) A court order establishing a limited guardianship for
Page 14, Line 24an adult must state the specific powers granted to the guardian.
Page 14, Line 25(4) The court, as part of an order establishing a
Page 14, Line 26guardianship for an adult, shall identify any person that
Page 14, Line 27subsequently is entitled to:
Page 14, Line 28(a) Notice of the rights of the adult given pursuant to
Page 14, Line 29section 15-14-311 (2);
Page 14, Line 30(b) Notice of a change in the primary dwelling of the
Page 14, Line 31adult;
Page 14, Line 32(c) Notice that the guardian has delegated:
Page 14, Line 33(I) The power to manage the care of the adult;
Page 14, Line 34(II) The power to make decisions about where the adult
Page 14, Line 35lives;
Page 14, Line 36(III) The power to make major medical decisions on behalf
Page 14, Line 37of the adult;
Page 14, Line 38(IV) The power that requires court approval pursuant to
Page 14, Line 39section 15-14-315; or
Page 14, Line 40(V) Substantially all powers of the guardian;
Page 14, Line 41(d) Notice when the guardian is unavailable to visit the
Page 14, Line 42adult for more than three months or unavailable to perform
Page 14, Line 43the guardian's duties for more than one month;
Page 15, Line 1(e) A copy of the guardian's plan described in section
Page 15, Line 215-14-316 and the guardian's report described in section
Page 15, Line 315-14-317;
Page 15, Line 4(f) Access to court records relating to the guardianship;
Page 15, Line 5(g) Notice of the death or significant change in the
Page 15, Line 6condition of the adult;
Page 15, Line 7(h) Notice that the court has limited or modified the
Page 15, Line 8powers of the guardian; and
Page 15, Line 9(i) Notice of the removal of the guardian.
Page 15, Line 10(5) A spouse, domestic partner, and adult child of an
Page 15, Line 11adult subject to guardianship are entitled to notice pursuant to
Page 15, Line 12subsection (4) of this section unless the court determines notice
Page 15, Line 13is contrary to the preferences or prior directions of the adult
Page 15, Line 14subject to guardianship or not in the best interest of the adult.
Page 15, Line 15(6) (a) For an adult subject to guardianship who is under
Page 15, Line 16twenty-six years old or was under twenty-six years old when
Page 15, Line 17the guardianship began, the court shall review the order for
Page 15, Line 18guardianship at least once every six months to determine
Page 15, Line 19whether the guardianship remains necessary and whether a less
Page 15, Line 20restrictive alternative would adequately protect the adult
Page 15, Line 21subject to guardianship.
Page 15, Line 22(b) The six-month review requirement detailed in this
Page 15, Line 23subsection (6) does not apply to the guardianship of an adult
Page 15, Line 24subject to guardianship who is under twenty-six years old if the
Page 15, Line 25court finds, based on clear and convincing evidence, that:
Page 15, Line 26(I) The adult subject to guardianship has a permanent or
Page 15, Line 27irreversible medical or developmental condition; and
Page 15, Line 28(II) The condition is not reasonably expected to
Page 15, Line 29materially change in a manner that would increase the adult
Page 15, Line 30subject to guardianship's decision-making capacity.
Page 15, Line 31(c) A court's findings made pursuant to subsection (6)(b)
Page 15, Line 32of this section must be supported by medical or psychological
Page 15, Line 33evidence and specific findings of the court.
Page 15, Line 3415-14-311. Notice of order of appointment - rights.
Page 15, Line 35(1) A guardian appointed pursuant to section 15-14-309
Page 15, Line 36shall give the adult subject to guardianship and all other
Page 15, Line 37persons given notice pursuant to section 15-14-303 a copy of the
Page 15, Line 38order of appointment, together with notice of the right to
Page 15, Line 39request termination or modification. The order and notice must
Page 15, Line 40be given not later than fourteen days after the appointment.
Page 15, Line 41(2) Not later than thirty days after appointing a
Page 15, Line 42guardian pursuant to section 15-14-309, the court shall give to
Page 15, Line 43the adult subject to guardianship, the guardian, and any other
Page 16, Line 1person entitled to notice pursuant to section 15-14-310 (4) or a
Page 16, Line 2subsequent order a statement of the rights of the adult subject
Page 16, Line 3to guardianship and procedures to seek relief if the adult is
Page 16, Line 4denied those rights. The statement must be in at least
Page 16, Line 5sixteen-point font, in plain language, and, to the extent feasible,
Page 16, Line 6in a language in which the adult subject to guardianship is
Page 16, Line 7proficient. The statement must notify the adult subject to
Page 16, Line 8guardianship of the right to:
Page 16, Line 9(a) Seek termination or modification of the guardianship,
Page 16, Line 10or removal of the guardian, and choose an attorney to
Page 16, Line 11represent the adult in these matters or use an attorney
Page 16, Line 12appointed by the court;
Page 16, Line 13(b) Be involved in decisions affecting the adult, including
Page 16, Line 14decisions about the adult's care, dwelling, activities, or social
Page 16, Line 15interactions, to the extent reasonably feasible;
Page 16, Line 16(c) Be involved in health-care decision-making to the
Page 16, Line 17extent reasonably feasible and be supported in understanding
Page 16, Line 18the risks and benefits of health-care options to the extent
Page 16, Line 19reasonably feasible;
Page 16, Line 20(d) Be notified at least thirty days before a change in the
Page 16, Line 21adult's primary dwelling or permanent move to a nursing home,
Page 16, Line 22mental health institution, or other facility that places
Page 16, Line 23restrictions on the individual's ability to leave or have visitors,
Page 16, Line 24to the extent reasonably feasible, unless the change or move is
Page 16, Line 25proposed in the guardian's plan pursuant to section 15-14-316 or
Page 16, Line 26authorized by the court by specific order;
Page 16, Line 27(e) Object to a change or move described in subsection
Page 16, Line 28(2)(d) of this section and the process for objecting;
Page 16, Line 29(f) Communicate, visit, or interact with others, including
Page 16, Line 30receiving or refusing visitors; having private conversations with
Page 16, Line 31others; and making, receiving, or declining telephone calls,
Page 16, Line 32personal mail, or electronic communications, including through
Page 16, Line 33social media, unless:
Page 16, Line 34(I) The guardian has been authorized by the court by
Page 16, Line 35specific order to restrict communications, visits, or
Page 16, Line 36interactions;
Page 16, Line 37(II) A protective order or protective arrangement is in
Page 16, Line 38effect that limits contact between the adult and a person; or
Page 16, Line 39(III) The guardian has good cause to believe the
Page 16, Line 40restriction or compulsion is necessary because interaction with
Page 16, Line 41a specified person poses a risk of significant physical,
Page 16, Line 42psychological, or financial harm to the adult, and the
Page 16, Line 43restriction or compulsion is:
Page 17, Line 1(A) For a period of not more than seven business days if
Page 17, Line 2the person has a family or pre-existing social relationship with
Page 17, Line 3the adult; or
Page 17, Line 4(B) For a period of not more than sixty days if the person
Page 17, Line 5does not have a family or pre-existing social relationship with
Page 17, Line 6the adult;
Page 17, Line 7(g) Receive a copy of the guardian's plan described in
Page 17, Line 8section 15-14-316 and the guardian's report described in section
Page 17, Line 915-14-317; and
Page 17, Line 10(h) Object to the guardian's plan or report.
Page 17, Line 11(3) If a restriction is imposed pursuant to subsection
Page 17, Line 12(2)(f)(III) of this section, the guardian must submit notice of the
Page 17, Line 13restriction to the court.
Page 17, Line 1415-14-312. Emergency guardian for adult.
Page 17, Line 15(1) On its own after a petition has been filed pursuant to
Page 17, Line 16section 15-14-302, or on petition by a person interested in the
Page 17, Line 17welfare of an adult, the court may appoint an emergency
Page 17, Line 18guardian for the adult if the court finds:
Page 17, Line 19(a) Appointment of an emergency guardian is likely to
Page 17, Line 20prevent substantial harm to the adult's health, safety, welfare,
Page 17, Line 21or civil liberties;
Page 17, Line 22(b) No other person appears to have authority and
Page 17, Line 23willingness to act in the circumstances; and
Page 17, Line 24(c) There is reason to believe that a basis for appointing
Page 17, Line 25a guardian pursuant to section 15-14-301 exists.
Page 17, Line 26(2) The duration of authority of an emergency guardian
Page 17, Line 27for an adult may not exceed sixty days, and the emergency
Page 17, Line 28guardian may exercise only the powers specified in the order of
Page 17, Line 29appointment. The emergency guardian's authority may be
Page 17, Line 30extended once for not more than sixty days if the court finds
Page 17, Line 31that the conditions for appointment of an emergency guardian
Page 17, Line 32described in subsection (1) of this section continue.
Page 17, Line 33(3) Immediately on filing of a petition for appointment of
Page 17, Line 34an emergency guardian for an adult, the court shall appoint an
Page 17, Line 35attorney to represent the respondent in the proceeding. Except
Page 17, Line 36as otherwise provided in subsection (4) of this section,
Page 17, Line 37reasonable notice of the date, time, and place of a hearing on
Page 17, Line 38the petition must be given to the respondent, the respondent's
Page 17, Line 39attorney, and any other person the court determines.
Page 17, Line 40(4) The court may appoint an emergency guardian for an
Page 17, Line 41adult without notice to the adult and an attorney for the
Page 17, Line 42adult only if the court finds from an affidavit or testimony
Page 17, Line 43that the respondent's health, safety, welfare, or civil liberties
Page 18, Line 1may be substantially harmed before a hearing with notice on the
Page 18, Line 2appointment can be held. If the court appoints an emergency
Page 18, Line 3guardian without reasonable notice to the respondent or the
Page 18, Line 4respondent's attorney and the respondent is not present at the
Page 18, Line 5hearing, the court must:
Page 18, Line 6(a) Personally serve notice of the appointment not later
Page 18, Line 7than forty-eight business hours after the appointment to:
Page 18, Line 8(I) The respondent;
Page 18, Line 9(II) The respondent's attorney, if appointed; and
Page 18, Line 10(III) Any other person the court determines; and
Page 18, Line 11(b) Hold a hearing on the appropriateness of the
Page 18, Line 12appointment not later than seven days after the appointment
Page 18, Line 13upon the request of the respondent, the respondent's attorney,
Page 18, Line 14a member of the respondent's supportive community, or a person
Page 18, Line 15interested in the welfare of an adult subject to guardianship.
Page 18, Line 16(5) Appointing of an emergency guardian pursuant to this
Page 18, Line 17section is not a determination that a basis exists for appointment
Page 18, Line 18of a guardian pursuant to section 15-14-301.
Page 18, Line 19(6) The court may terminate the appointment of an
Page 18, Line 20emergency guardian appointed pursuant to this section at any
Page 18, Line 21time. The emergency guardian shall make any report the court
Page 18, Line 22requires.
Page 18, Line 2315-14-313. Duties of guardian for adult.
Page 18, Line 24(1) Unless a conservator is specifically appointed for the
Page 18, Line 25adult to manage the adult's finances, a guardian for an adult
Page 18, Line 26is a fiduciary. Except as otherwise limited by the court, a
Page 18, Line 27guardian for an adult shall make decisions regarding the
Page 18, Line 28support, care, education, health, and welfare of the adult
Page 18, Line 29subject to guardianship to the extent necessitated by the
Page 18, Line 30adult's limitations.
Page 18, Line 31(2) A guardian for an adult shall promote the
Page 18, Line 32self-determination of the adult and, to the extent reasonably
Page 18, Line 33feasible, encourage the adult to participate in decisions, act on
Page 18, Line 34the adult's own behalf, and develop or regain the capacity to
Page 18, Line 35manage the adult's personal affairs. In furtherance of this duty,
Page 18, Line 36the guardian shall:
Page 18, Line 37(a) Become or remain personally acquainted with the
Page 18, Line 38adult and maintain sufficient contact with the adult, including
Page 18, Line 39through regular visitation on at least a quarterly basis, to
Page 18, Line 40know the adult's abilities, limitations, needs, opportunities, and
Page 18, Line 41physical and mental health;
Page 18, Line 42(b) To the extent reasonably feasible, identify the values
Page 18, Line 43and preferences of the adult and involve the adult in decisions
Page 19, Line 1affecting the adult, including decisions about the adult's care,
Page 19, Line 2dwelling, activities, or social interactions; and
Page 19, Line 3(c) Make reasonable efforts to identify and facilitate
Page 19, Line 4supportive relationships and services for the adult.
Page 19, Line 5(3) A guardian for an adult shall, at all times, exercise
Page 19, Line 6reasonable care, diligence, and prudence when acting on behalf
Page 19, Line 7of or making decisions for the adult. In furtherance of this duty,
Page 19, Line 8the guardian shall:
Page 19, Line 9(a) Ensure reasonable care of the personal effects, pets,
Page 19, Line 10and service or support animals of the adult and bring a
Page 19, Line 11proceeding for conservatorship or a protective arrangement if
Page 19, Line 12necessary to protect the adult's property;
Page 19, Line 13(b) Expend funds and other property of the adult received
Page 19, Line 14by the guardian for the adult's current needs for support, care,
Page 19, Line 15education, health, and welfare;
Page 19, Line 16(c) Conserve any funds and other property of the adult
Page 19, Line 17not expended pursuant to subsection (3)(b) of this section for the
Page 19, Line 18adult's future needs, but if a conservator has been appointed for
Page 19, Line 19the adult, pay the funds and other property at least quarterly
Page 19, Line 20to the conservator to be conserved for the adult's future
Page 19, Line 21needs;
Page 19, Line 22(d) Account for any expenditures of the adult's funds
Page 19, Line 23made by the guardian on behalf of the adult and provide the
Page 19, Line 24accounting to the adult on a quarterly basis;
Page 19, Line 25(e) Monitor the quality of services, including long-term
Page 19, Line 26care services, provided to the adult; and
Page 19, Line 27(f) Notify the court if the guardian is unable to develop
Page 19, Line 28or maintain a supportive working relationship with the adult.
Page 19, Line 29(4) In making a decision for an adult subject to
Page 19, Line 30guardianship, the guardian shall make the decision the guardian
Page 19, Line 31reasonably believes the adult would make if the adult were
Page 19, Line 32able, unless doing so would unreasonably harm or endanger the
Page 19, Line 33welfare or personal or financial interests of the adult. To
Page 19, Line 34determine the decision the adult subject to guardianship would
Page 19, Line 35make if able, the guardian shall consider the adult's previous or
Page 19, Line 36current directions, preferences, opinions, values, and actions, to
Page 19, Line 37the extent actually known or reasonably ascertainable by the
Page 19, Line 38guardian.
Page 19, Line 39(5) If a guardian for an adult cannot make a decision
Page 19, Line 40pursuant to subsection (4) of this section because the guardian
Page 19, Line 41does not know and cannot reasonably determine the decision
Page 19, Line 42the adult probably would make if able, or the guardian
Page 19, Line 43reasonably believes the decision the adult would make would
Page 20, Line 1unreasonably harm or endanger the welfare or personal or
Page 20, Line 2financial interests of the adult, the guardian shall act in
Page 20, Line 3accordance with the best interest of the adult. In determining
Page 20, Line 4the best interest of the adult, the guardian shall consider:
Page 20, Line 5(a) Information received from professionals and persons
Page 20, Line 6who demonstrate sufficient interest in the welfare of the adult;
Page 20, Line 7(b) Other information the guardian believes the adult
Page 20, Line 8would have considered if the adult were able to act; and
Page 20, Line 9(c) Other factors a reasonable person in the
Page 20, Line 10circumstances of the adult would consider, including
Page 20, Line 11consequences for others.
Page 20, Line 12(6) A guardian for an adult immediately shall notify the
Page 20, Line 13court if the condition of the adult has changed so that the
Page 20, Line 14adult is capable of exercising rights previously removed.
Page 20, Line 15(7) A guardian for an adult shall immediately notify the
Page 20, Line 16court in writing of the adult's death and the termination of the
Page 20, Line 17guardianship pursuant to section 15-14-319.
Page 20, Line 1815-14-314. Powers of guardian for adult.
Page 20, Line 19(1) Except as limited by court order, a guardian for an
Page 20, Line 20adult may:
Page 20, Line 21(a) Apply for and receive funds and benefits for the
Page 20, Line 22support of the adult, unless a conservator is appointed for the
Page 20, Line 23adult and the application or receipt is within the powers of the
Page 20, Line 24conservator;
Page 20, Line 25(b) Unless inconsistent with a court order, establish the
Page 20, Line 26adult's place of dwelling that is consistent with the
Page 20, Line 27requirements set forth in subsection (5) of this section;
Page 20, Line 28(c) Consent to health or other care, treatment, or service
Page 20, Line 29for the adult;
Page 20, Line 30(d) If a conservator for the adult has not been appointed,
Page 20, Line 31commence a proceeding, including an administrative proceeding,
Page 20, Line 32or take other appropriate action to compel another person to
Page 20, Line 33support the adult or pay funds for the adult's benefit;
Page 20, Line 34(e) To the extent reasonable, delegate to the adult
Page 20, Line 35responsibility for a decision affecting the adult's well-being;
Page 20, Line 36and
Page 20, Line 37(f) Receive personally identifiable health-care
Page 20, Line 38information regarding the adult.
Page 20, Line 39(2) The court by specific order may authorize a guardian
Page 20, Line 40for an adult to consent to the adoption of the adult.
Page 20, Line 41(3) The court by specific order may authorize a guardian
Page 20, Line 42for an adult to:
Page 20, Line 43(a) Consent or withhold consent to the marriage of the
Page 21, Line 1adult if the adult's right to marry has been removed pursuant
Page 21, Line 2to section 15-14-310;
Page 21, Line 3(b) Petition for divorce, dissolution, or annulment of
Page 21, Line 4marriage of the adult or a declaration of invalidity of the
Page 21, Line 5adult's marriage; or
Page 21, Line 6(c) Support or oppose a petition for divorce, dissolution,
Page 21, Line 7or annulment of marriage of the adult or a declaration of
Page 21, Line 8invalidity of the adult's marriage.
Page 21, Line 9(4) In determining whether to authorize a power pursuant
Page 21, Line 10to subsection (2) or (3) of this section, the court shall consider
Page 21, Line 11whether the underlying act would be in accordance with the
Page 21, Line 12adult's preferences, values, and prior or current directions and
Page 21, Line 13whether the underlying act would be in the adult's best
Page 21, Line 14interest.
Page 21, Line 15(5) In exercising a guardian's power pursuant to
Page 21, Line 16subsection (1)(b) of this section to establish the adult's place of
Page 21, Line 17dwelling, the guardian shall:
Page 21, Line 18(a) Select a residential setting the guardian believes the
Page 21, Line 19adult would select if the adult were able, in accordance with
Page 21, Line 20the decision-making standard described in section 15-14-313. If
Page 21, Line 21the guardian does not know and cannot reasonably determine
Page 21, Line 22what setting the adult subject to guardianship probably would
Page 21, Line 23choose if able, or the guardian reasonably believes the decision
Page 21, Line 24the adult would make would unreasonably harm or endanger
Page 21, Line 25the welfare or personal or financial interests of the adult, the
Page 21, Line 26guardian shall choose in accordance with section 15-14-313 a
Page 21, Line 27residential setting that is consistent with the adult's best
Page 21, Line 28interest and is the least restrictive residential environment
Page 21, Line 29necessary to meet the adult's needs.
Page 21, Line 30(b) In selecting among residential settings, give priority
Page 21, Line 31to a residential setting in a location that allows the adult to
Page 21, Line 32interact with persons important to the adult and meets the
Page 21, Line 33adult's needs;
Page 21, Line 34(c) Not later than thirty days after a change in the
Page 21, Line 35dwelling of the adult:
Page 21, Line 36(I) Give notice of the change to the court and, in the
Page 21, Line 37manner described in section 15-10-401, to the adult and any
Page 21, Line 38person identified as entitled to the notice in the court order
Page 21, Line 39appointing the guardian or a subsequent order; and
Page 21, Line 40(II) Include in the notice the address and nature of the
Page 21, Line 41new dwelling and state whether the adult received advance
Page 21, Line 42notice of the change and whether the adult objected to the
Page 21, Line 43change;
Page 22, Line 1(d) Establish or move the permanent place of dwelling of
Page 22, Line 2the adult to a nursing home, mental health institution, or other
Page 22, Line 3facility that places restrictions on the adult's ability to leave
Page 22, Line 4or have visitors only if:
Page 22, Line 5(I) The establishment or move is in the guardian's plan
Page 22, Line 6described in section 15-14-316;
Page 22, Line 7(II) The court authorizes the establishment or move; or
Page 22, Line 8(III) The guardian gives notice of the establishment or
Page 22, Line 9move at least fourteen days before the establishment or move
Page 22, Line 10to the adult and all persons entitled to notice pursuant to
Page 22, Line 11section 15-14-310 (4)(b) or a subsequent order, and no objection
Page 22, Line 12is filed; and
Page 22, Line 13(e) Establish or move the place of dwelling of the adult
Page 22, Line 14outside this state only if consistent with the guardian's plan and
Page 22, Line 15authorized by the court by specific order.
Page 22, Line 16(6) In exercising a guardian's power pursuant to
Page 22, Line 17subsection (1)(b) of this section to establish the adult's place of
Page 22, Line 18dwelling, if the guardian selects a more restrictive out-of-home
Page 22, Line 19placement, such as a nursing facility, group home, or other
Page 22, Line 20out-of-home placement, the court must hold a hearing at which
Page 22, Line 21the adult subject to guardianship must attend. In order for the
Page 22, Line 22guardian to proceed with placement arrangements for an
Page 22, Line 23out-out-home placement, the court must find by clear and
Page 22, Line 24convincing evidence that the placement is necessary for the
Page 22, Line 25adult's safety, health, and welfare and that no less restrictive
Page 22, Line 26alternative or in-home placement would provide the same
Page 22, Line 27safeguards for the adult.
Page 22, Line 28(7) In exercising a guardian's power pursuant to
Page 22, Line 29subsection (1)(c) of this section to make health-care decisions,
Page 22, Line 30the guardian shall:
Page 22, Line 31(a) Involve the adult in decision-making to the extent
Page 22, Line 32reasonably feasible, including, when practicable, by
Page 22, Line 33encouraging and supporting the adult in understanding the
Page 22, Line 34risks and benefits of health-care options;
Page 22, Line 35(b) Defer to a decision by an agent acting under a power
Page 22, Line 36of attorney for health care executed by the adult and
Page 22, Line 37cooperate to the extent feasible with the agent making the
Page 22, Line 38decision;
Page 22, Line 39(c) Take into account:
Page 22, Line 40(I) The risks and benefits of treatment options; and
Page 22, Line 41(II) The current and previous wishes and values of the
Page 22, Line 42adult, if known or reasonably ascertainable by the guardian;
Page 22, Line 43(d) If the guardian decides to commit the adult to a
Page 23, Line 1mental institution, initiate the commitment in accordance with
Page 23, Line 2the state's procedure for involuntary treatment and
Page 23, Line 3evaluation of a mental health disorder, as described in article
Page 23, Line 465 of title 27;
Page 23, Line 5(e) If the guardian decides to obtain services and supports
Page 23, Line 6for the adult from an approved service agency, as defined in
Page 23, Line 7section 25.5-10-202, proceed as required by article 10 of title 25.5
Page 23, Line 8to obtain the services and supports; and
Page 23, Line 9(f) If the guardian decides to obtain care and treatment
Page 23, Line 10for the adult's substance use disorder, proceed as provided
Page 23, Line 11pursuant to articles 81 and 82 of title 27 to obtain the care and
Page 23, Line 12treatment for the adult's substance use disorder.
Page 23, Line 13(8) In exercising a guardian's power pursuant to
Page 23, Line 14subsection (1)(c) of this section to make health-care decisions,
Page 23, Line 15the guardian shall not consent to any care or treatment that
Page 23, Line 16is against the adult subject to guardianship's will.
Page 23, Line 1715-14-315. Special limitations on guardian's power.
Page 23, Line 18(1) Unless authorized by the court by specific order, a
Page 23, Line 19guardian for an adult does not have the power to revoke or
Page 23, Line 20amend a power of attorney for health care or power of
Page 23, Line 21attorney for finances executed by the adult prior to the
Page 23, Line 22appointment of the guardian. If a power of attorney for health
Page 23, Line 23care is in effect, unless there is a court order to the contrary,
Page 23, Line 24a health-care decision of an agent takes precedence over that
Page 23, Line 25of the guardian and the guardian shall cooperate with the
Page 23, Line 26agent to the extent feasible. If a power of attorney for finances
Page 23, Line 27is in effect, unless there is a court order to the contrary, a
Page 23, Line 28decision by the agent which the agent is authorized to make
Page 23, Line 29under the power of attorney for finances takes precedence over
Page 23, Line 30that of the guardian and the guardian shall cooperate with the
Page 23, Line 31agent to the extent feasible, except when doing so would
Page 23, Line 32jeopardize the adult's health, safety, welfare, or civil liberties,
Page 23, Line 33in which case, the court shall hold a hearing no later than
Page 23, Line 34seven days after the agent's decision to determine which
Page 23, Line 35decision-making authority takes precedence.
Page 23, Line 36(2) If the guardian decides to commit the adult to a
Page 23, Line 37mental institution, the guardian shall initiate the commitment
Page 23, Line 38in accordance with the state's procedure for involuntary
Page 23, Line 39treatment and evaluation of a mental health disorder, as
Page 23, Line 40described in article 65 of title 27;
Page 23, Line 41(3) A guardian for an adult may not restrict or compel
Page 23, Line 42the ability of the adult to communicate, visit, or interact with
Page 23, Line 43others, including receiving or refusing visitors and making,
Page 24, Line 1receiving, or refusing telephone calls, personal mail, or
Page 24, Line 2electronic communications, including through social media, or
Page 24, Line 3participating in social activities, unless:
Page 24, Line 4(a) Authorized by the court by specific order;
Page 24, Line 5(b) A protective order or a protective arrangement is in
Page 24, Line 6effect that limits contact between the adult and a person; or
Page 24, Line 7(c) The guardian has good cause to believe restriction or
Page 24, Line 8compulsion is necessary because interaction with a specified
Page 24, Line 9person poses a risk of substantial physical, psychological, or
Page 24, Line 10financial harm to the adult, and the restriction or compulsion
Page 24, Line 11is:
Page 24, Line 12(I) For a period of not more than seven business days if the
Page 24, Line 13person has a family or pre-existing social relationship with the
Page 24, Line 14adult; or
Page 24, Line 15(II) For a period of not more than sixty days if the person
Page 24, Line 16does not have a family or pre-existing social relationship with
Page 24, Line 17the adult.
Page 24, Line 18(4) A guardian for an adult shall not take any action
Page 24, Line 19that would result in the sale or surrender of the lease to the
Page 24, Line 20adult's primary dwelling without prior approval from the court.
Page 24, Line 2115-14-316. Guardian's plan.
Page 24, Line 22(1) A guardian for an adult, not later than sixty days
Page 24, Line 23after appointment and when there is a significant change in
Page 24, Line 24circumstances, such as a change in the adult's medical
Page 24, Line 25condition, change in living arrangements, or a move to a
Page 24, Line 26different geographical area, or the guardian seeks to deviate
Page 24, Line 27significantly from the guardian's plan, shall file with the court
Page 24, Line 28a plan for the care of the adult, together with the guardian's
Page 24, Line 29report as required pursuant to section 15-14-317. The plan must
Page 24, Line 30be based on the needs of the adult and take into account the
Page 24, Line 31best interest of the adult as well as the adult's preferences,
Page 24, Line 32values, and prior directions, to the extent known to or
Page 24, Line 33reasonably ascertainable by the guardian. The guardian shall
Page 24, Line 34include in the plan:
Page 24, Line 35(a) The living arrangement, services, and supports the
Page 24, Line 36guardian expects to arrange, facilitate, or continue for the
Page 24, Line 37adult;
Page 24, Line 38(b) Social and educational activities the guardian expects
Page 24, Line 39to facilitate on behalf of the adult;
Page 24, Line 40(c) Any person with whom the adult has a close personal
Page 24, Line 41relationship or relationship involving regular visitation and
Page 24, Line 42any plan the guardian has for facilitating visits with the person;
Page 24, Line 43(d) The anticipated nature and frequency of the
Page 25, Line 1guardian's visits and communication with the adult;
Page 25, Line 2(e) Goals for the adult, including any goal related to the
Page 25, Line 3restoration of the adult's rights, and how the guardian
Page 25, Line 4anticipates achieving the goals;
Page 25, Line 5(f) Whether the adult has an existing plan and, if so,
Page 25, Line 6whether the guardian's plan is consistent with the adult's plan;
Page 25, Line 7and
Page 25, Line 8(g) A statement or list of the amount the guardian
Page 25, Line 9proposes to charge for each service the guardian anticipates
Page 25, Line 10providing to the adult.
Page 25, Line 11(2) A guardian shall give notice, in the manner described
Page 25, Line 12in section 15-10-401, of the filing of the guardian's plan pursuant
Page 25, Line 13to subsection (1) of this section, together with a copy of the
Page 25, Line 14plan, to the adult subject to guardianship, a person entitled to
Page 25, Line 15notice pursuant to section 15-14-310 or a subsequent order, and
Page 25, Line 16any other person the court determines. The notice must include
Page 25, Line 17a statement of the right to object to the plan and be given not
Page 25, Line 18later than fourteen days after the filing.
Page 25, Line 19(3) An adult subject to guardianship and any person
Page 25, Line 20entitled pursuant to subsection (2) of this section to receive
Page 25, Line 21notice and a copy of the guardian's plan may object to the plan.
Page 25, Line 22(4) The court shall review the guardian's plan filed
Page 25, Line 23pursuant to subsection (1) of this section and determine whether
Page 25, Line 24to approve the plan or require a new plan. In deciding whether
Page 25, Line 25to approve the plan, the court shall consider an objection made
Page 25, Line 26pursuant to subsection (3) of this section and decide whether the
Page 25, Line 27plan is consistent with the guardian's duties and powers
Page 25, Line 28pursuant to sections 15-14-313 and 15-14-314. The court must not
Page 25, Line 29approve the plan until thirty days after its filing.
Page 25, Line 30(5) After the guardian's plan filed pursuant to this
Page 25, Line 31section is approved by the court, the guardian shall provide a
Page 25, Line 32copy of the approved plan to the adult subject to guardianship,
Page 25, Line 33a person entitled to notice pursuant to section 15-14-310 or a
Page 25, Line 34subsequent order, and any other person the court determines.
Page 25, Line 3515-14-317. Guardian's report - monitoring of guardianship.
Page 25, Line 36(1) A guardian for an adult, not later than sixty days
Page 25, Line 37after appointment and at least annually thereafter, shall file
Page 25, Line 38with the court a report in a record regarding the condition of
Page 25, Line 39the adult and accounting for funds and other property in the
Page 25, Line 40guardian's possession or subject to the guardian's control,
Page 25, Line 41together with the guardian's plan as required pursuant to
Page 25, Line 42section 15-14-316.
Page 25, Line 43(2) A report filed pursuant to subsection (1) of this
Page 26, Line 1section must state or contain:
Page 26, Line 2(a) The mental, physical, and social condition of the
Page 26, Line 3adult;
Page 26, Line 4(b) The living arrangements of the adult during the
Page 26, Line 5reporting period;
Page 26, Line 6(c) A summary of the supported decision-making,
Page 26, Line 7technological assistance, medical services, educational and
Page 26, Line 8vocational services, and other supports and services provided
Page 26, Line 9to the adult and the guardian's opinion as to the adequacy of
Page 26, Line 10the adult's care;
Page 26, Line 11(d) A summary of the guardian's visits with the adult,
Page 26, Line 12including the dates of the visits;
Page 26, Line 13(e) Action taken on behalf of the adult;
Page 26, Line 14(f) The extent to which the adult has participated in
Page 26, Line 15decision-making;
Page 26, Line 16(g) If the adult is living in a mental health institution or
Page 26, Line 17living in a facility that provides the adult with health-care or
Page 26, Line 18other personal services, whether the guardian considers the
Page 26, Line 19facility's current plan for support, care, treatment, or
Page 26, Line 20habilitation consistent with the adult's preferences, values,
Page 26, Line 21prior directions, and best interest;
Page 26, Line 22(h) Anything of more than de minimis value which the
Page 26, Line 23guardian, any individual who resides with the guardian, or the
Page 26, Line 24spouse, domestic partner, parent, child, or sibling of the
Page 26, Line 25guardian has received from an individual providing goods or
Page 26, Line 26services to the adult;
Page 26, Line 27(i) If the guardian delegated a power to an agent, the
Page 26, Line 28power delegated and the reason for the delegation;
Page 26, Line 29(j) Any business relation the guardian has with a person
Page 26, Line 30the guardian has paid or who has benefitted from the property
Page 26, Line 31of the adult;
Page 26, Line 32(k) A copy of the guardian's most recently approved plan
Page 26, Line 33described in section 15-14-316 and a statement whether the
Page 26, Line 34guardian has deviated from the plan and, if so, how the guardian
Page 26, Line 35has deviated and why;
Page 26, Line 36(l) Plans for future care and support of the adult, if not
Page 26, Line 37otherwise provided in the guardian's most recent plan approved
Page 26, Line 38pursuant to section 15-14-316;
Page 26, Line 39(m) A recommendation as to the need for continued
Page 26, Line 40guardianship and any recommended change in the scope of the
Page 26, Line 41guardianship;
Page 26, Line 42(n) Whether any co-guardian or successor guardian
Page 26, Line 43appointed to serve when a designated event occurs is alive and
Page 27, Line 1able to serve;
Page 27, Line 2(o) The adult's express wishes regarding any of the items
Page 27, Line 3listed in this subsection (2), even if the adult's express wishes are
Page 27, Line 4contrary to the guardian's actions; and
Page 27, Line 5(p) Copies of financial accounting statements provided to
Page 27, Line 6the adult.
Page 27, Line 7(3) The court may appoint a visitor to review a report
Page 27, Line 8submitted pursuant to this section or a guardian's plan
Page 27, Line 9submitted pursuant to section 15-14-316, interview the guardian
Page 27, Line 10or adult subject to guardianship, or investigate any other
Page 27, Line 11matter involving the guardianship.
Page 27, Line 12(4) Notice of the filing of a guardian's report given
Page 27, Line 13pursuant to this section, together with a copy of the report,
Page 27, Line 14must be given to the adult subject to guardianship, a person
Page 27, Line 15entitled to notice pursuant to section 15-14-310 or a subsequent
Page 27, Line 16order, and any other person the court determines. The notice
Page 27, Line 17and report must be given not later than fourteen days after the
Page 27, Line 18filing.
Page 27, Line 19(5) The court shall establish procedures for monitoring
Page 27, Line 20a report submitted pursuant to this section and review each
Page 27, Line 21report at least annually to determine whether:
Page 27, Line 22(a) The report provides sufficient information to establish
Page 27, Line 23the guardian has complied with the guardian's duties;
Page 27, Line 24(b) The guardianship needs to continue; and
Page 27, Line 25(c) The guardian's fees, if any, are reasonable pursuant to
Page 27, Line 26section 15-10-603.
Page 27, Line 27(6) If the court determines there is reason to believe a
Page 27, Line 28guardian for an adult has not complied with the guardian's
Page 27, Line 29duties or the guardianship requires modification or termination,
Page 27, Line 30the court:
Page 27, Line 31(a) Shall notify the adult, the guardian, and any other
Page 27, Line 32person entitled to notice pursuant to section 15-14-310 or a
Page 27, Line 33subsequent order;
Page 27, Line 34(b) May require additional information from the
Page 27, Line 35guardian;
Page 27, Line 36(c) If the adult is not represented by an attorney, shall
Page 27, Line 37appoint an attorney to represent the adult pursuant to the same
Page 27, Line 38conditions set forth in section 15-14-305;
Page 27, Line 39(d) May appoint a visitor to interview the adult or
Page 27, Line 40guardian or investigate any matter involving the guardianship;
Page 27, Line 41and
Page 27, Line 42(e) Consistent with sections 15-14-318 and 15-14-319, may
Page 27, Line 43hold a hearing to consider removal of the guardian, termination
Page 28, Line 1of the guardianship, or a change in the powers granted to the
Page 28, Line 2guardian or terms of the guardianship.
Page 28, Line 3(7) If the court has reason to believe a guardian's fees are
Page 28, Line 4not reasonable, the court shall hold a hearing, pursuant to
Page 28, Line 5section 15-10-604, to determine whether to adjust the fees.
Page 28, Line 6(8) A guardian for an adult may petition the court for
Page 28, Line 7approval of a report filed pursuant to this section. The court,
Page 28, Line 8after review, may approve the report. After the report is
Page 28, Line 9approved, a person interested in the welfare of the adult may
Page 28, Line 10file an objection about the accuracy of the report with the
Page 28, Line 11court.
Page 28, Line 12(9) If a guardian does not comply with the requirements
Page 28, Line 13of subsection (1) of this section, the court may:
Page 28, Line 14(a) Hold the guardian in contempt of court;
Page 28, Line 15(b) Issue sanctions against the guardian;
Page 28, Line 16(c) Issue a summons to show cause for not submitting a
Page 28, Line 17report as required by subsection (1) of this section; or
Page 28, Line 18(d) Remove the guardian.
Page 28, Line 1915-14-318. Removal of guardian for adult - appointment of
Page 28, Line 20successor.
Page 28, Line 21(1) The court may remove a guardian for an adult for
Page 28, Line 22failure to perform the guardian's duties or for other good cause
Page 28, Line 23and appoint a successor guardian to assume the duties of a
Page 28, Line 24guardian as described in section 15-14-313.
Page 28, Line 25(2) The court shall hold a hearing to determine whether
Page 28, Line 26to remove a guardian for an adult and appoint a successor
Page 28, Line 27guardian on:
Page 28, Line 28(a) Petition of the adult, guardian, or person interested
Page 28, Line 29in the welfare of the adult, which contains allegations that, if
Page 28, Line 30true, would support a reasonable belief that removal of the
Page 28, Line 31guardian and appointment of a successor guardian may be
Page 28, Line 32appropriate, but the court may decline to hold a hearing if a
Page 28, Line 33petition based on the same or substantially similar facts was
Page 28, Line 34filed during the preceding six months;
Page 28, Line 35(b) Filing, from the adult, guardian, or person interested
Page 28, Line 36in the welfare of the adult that supports a reasonable belief
Page 28, Line 37that removal of the guardian and appointment of a successor
Page 28, Line 38guardian is appropriate; or
Page 28, Line 39(c) Determination by the court that a hearing is in the
Page 28, Line 40best interest of the adult.
Page 28, Line 41(3) Notice of a hearing given pursuant to subsection (2) of
Page 28, Line 42this section must be personally served on the adult subject to
Page 28, Line 43guardianship, and given pursuant to section 15-10-401 to the
Page 29, Line 1guardian, and any other person the court determines.
Page 29, Line 2(4) An adult subject to guardianship who seeks to remove
Page 29, Line 3the guardian and have a successor guardian appointed has the
Page 29, Line 4right to choose an attorney to represent the adult in this
Page 29, Line 5matter. If the adult is not represented by an attorney, the court
Page 29, Line 6shall appoint an attorney pursuant to the same conditions as in
Page 29, Line 7section 15-14-305.
Page 29, Line 8(5) In selecting a successor guardian for an adult, the
Page 29, Line 9court shall follow the priorities described in section 15-14-309.
Page 29, Line 10(6) Not later than thirty days after appointing a
Page 29, Line 11successor guardian, the court shall give notice, in the manner
Page 29, Line 12described in section 15-10-401, of the appointment to the adult
Page 29, Line 13subject to guardianship and any person entitled to notice
Page 29, Line 14pursuant to section 15-14-310 (4) or a subsequent order.
Page 29, Line 1515-14-319. Termination or modification of guardianship for
Page 29, Line 16adult.
Page 29, Line 17(1) An adult subject to guardianship, the guardian for the
Page 29, Line 18adult, or a person interested in the welfare of the adult may
Page 29, Line 19file a petition for:
Page 29, Line 20(a) Termination of the guardianship on the grounds that
Page 29, Line 21a basis for appointment described in section 15-14-301 does not
Page 29, Line 22exist or termination is in the best interest of the adult or for
Page 29, Line 23other good cause; or
Page 29, Line 24(b) Modification of the guardianship on the grounds that
Page 29, Line 25the extent of protection or assistance granted is not
Page 29, Line 26appropriate or for other good cause.
Page 29, Line 27(2) Not later than thirty days after filing a petition
Page 29, Line 28pursuant to subsection (1) of this section, the court shall set a
Page 29, Line 29date, time, and place for hearing the petition within sixty days
Page 29, Line 30after receipt of the petition. The court may extend this deadline
Page 29, Line 31to ninety days upon a finding of good cause.
Page 29, Line 32(3) (a) The court shall hold a hearing to determine
Page 29, Line 33whether termination or modification of a guardianship for an
Page 29, Line 34adult is appropriate on:
Page 29, Line 35(I) Petition pursuant to subsection (1) of this section that
Page 29, Line 36contains allegations that, if true, would support a reasonable
Page 29, Line 37belief that termination or modification of the guardianship is
Page 29, Line 38appropriate, but the court may decline to hold a hearing if a
Page 29, Line 39petition based on the same or substantially similar facts was
Page 29, Line 40filed during the preceding six months;
Page 29, Line 41(II) Filing, from the adult, guardian, or person interested
Page 29, Line 42in the welfare of the adult that supports a reasonable belief
Page 29, Line 43that termination or modification of the guardianship is
Page 30, Line 1appropriate, including because the functional needs of the adult
Page 30, Line 2or supports or services available to the adult have changed;
Page 30, Line 3(III) A report from a guardian or conservator that
Page 30, Line 4indicates that termination or modification is appropriate
Page 30, Line 5because the functional needs of the adult or supports or
Page 30, Line 6services available to the adult have changed or a protective
Page 30, Line 7arrangement or other less restrictive alternative for meeting
Page 30, Line 8the adult's needs is available; or
Page 30, Line 9(IV) A determination by the court that a hearing is in the
Page 30, Line 10best interest of the adult.
Page 30, Line 11(b) A communication to the court from the adult
Page 30, Line 12requesting changes to the adult's guardianship plan or raising
Page 30, Line 13concerns about the adult's guardian or guardianship must be
Page 30, Line 14broadly construed as a petition to modify or terminate a
Page 30, Line 15guardianship.
Page 30, Line 16(4) Notice of a petition filed pursuant to subsection
Page 30, Line 17(3)(a)(I) of this section must be given to the adult subject to
Page 30, Line 18guardianship, the guardian, and any other person the court
Page 30, Line 19determines.
Page 30, Line 20(5) On presentation of prima facie evidence for
Page 30, Line 21termination of a guardianship for an adult, the court shall
Page 30, Line 22order termination unless it is proven that a basis for
Page 30, Line 23appointment of a guardian pursuant to section 15-14-301 exists.
Page 30, Line 24(6) The court shall modify the powers granted to a
Page 30, Line 25guardian for an adult if the powers are excessive or inadequate
Page 30, Line 26due to a change in the abilities or limitations of the adult, the
Page 30, Line 27adult's supports, or other circumstances.
Page 30, Line 28(7) Unless the court otherwise orders for good cause,
Page 30, Line 29before terminating or modifying a guardianship for an adult,
Page 30, Line 30the court shall follow the same procedures to safeguard the
Page 30, Line 31rights of the adult that apply to a petition for guardianship.
Page 30, Line 32(8) An adult subject to guardianship who seeks to
Page 30, Line 33terminate or modify the terms of the guardianship has the right
Page 30, Line 34to choose an attorney to represent the adult in the matter. If
Page 30, Line 35the adult is not represented by an attorney, the court shall
Page 30, Line 36appoint an attorney pursuant to the same conditions set forth
Page 30, Line 37in section 15-14-305.
Page 30, Line 38(9) The following provisions apply in a contested
Page 30, Line 39termination proceeding:
Page 30, Line 40(a) The guardian may file a written report to the court
Page 30, Line 41regarding any matter relevant to the termination proceeding,
Page 30, Line 42and the guardian may file a motion for instructions regarding
Page 30, Line 43any relevant matter, including, but not limited to:
Page 31, Line 1(I) Whether an attorney, guardian ad litem, or visitor
Page 31, Line 2must be appointed for the adult subject to guardianship;
Page 31, Line 3(II) Whether any further investigation or professional
Page 31, Line 4evaluation of the adult subject to guardianship must be
Page 31, Line 5conducted, the scope of the investigation or professional
Page 31, Line 6evaluation, and when the investigation or professional
Page 31, Line 7evaluation must be completed; and
Page 31, Line 8(III) Whether the guardian must be involved in the
Page 31, Line 9termination proceedings and, if so, to what extent;
Page 31, Line 10(b) If the guardian elects to file a written report or a
Page 31, Line 11motion for instructions, the guardian must file initial pleadings
Page 31, Line 12within twenty-one days after the petition to terminate is filed
Page 31, Line 13and send a copy of the written report to the adult subject to
Page 31, Line 14guardianship. The adult or a person interested in the welfare of
Page 31, Line 15the adult subject to guardianship has fourteen days after the
Page 31, Line 16initial pleadings are filed to file a response. If a response is filed,
Page 31, Line 17the guardian has seven days after the response is filed to file a
Page 31, Line 18reply. After the filing of the guardian's initial motion for
Page 31, Line 19instructions, the guardian may file subsequent motions for
Page 31, Line 20instruction, as appropriate. The court shall accept and consider
Page 31, Line 21additional motions for instructions or other pleadings filed by
Page 31, Line 22a guardian after the initial twenty-one-day period, but the
Page 31, Line 23additional motions and pleadings must not impact the deadlines
Page 31, Line 24for holding a hearing unless the court determines a delay is
Page 31, Line 25absolutely necessary. The court may consider recommendations
Page 31, Line 26by the guardian, but the court retains final decision-making
Page 31, Line 27authority.
Page 31, Line 28(c) Except for the actions authorized in subsections (9)(a),
Page 31, Line 29(9)(b), and (10) of this section, or as otherwise ordered by the
Page 31, Line 30court, the guardian shall not take any action to oppose or
Page 31, Line 31interfere in the termination proceeding. The filing of the initial
Page 31, Line 32or subsequent motion for instructions by the guardian must not
Page 31, Line 33alone be deemed opposition or interference.
Page 31, Line 34(d) Unless ordered by the court, the guardian does not
Page 31, Line 35have a duty to participate in the termination proceeding, and the
Page 31, Line 36guardian does not incur liability for filing the report or motion
Page 31, Line 37for instruction or for failing to participate in the proceeding;
Page 31, Line 38and
Page 31, Line 39(e) Any individual who has been appointed as a guardian,
Page 31, Line 40and is also a person interested in the welfare of the adult
Page 31, Line 41subject to guardianship, and who wants to participate in the
Page 31, Line 42termination proceeding in the individual's individual capacity
Page 31, Line 43and not in the individual's fiduciary capacity may do so without
Page 32, Line 1restriction or limitation. The payment of any fees and costs to
Page 32, Line 2that individual related to the individual's decision to
Page 32, Line 3participate in the termination proceeding is governed by section
Page 32, Line 415-10-602 (7) and not by section 15-10-602 (1).
Page 32, Line 5(10) Nothing in subsection (8) of this section prevents:
Page 32, Line 6(a) The court, on its own motion, and regardless of
Page 32, Line 7whether the guardian has filed a report or motion for
Page 32, Line 8instructions, from ordering the guardian to take any action
Page 32, Line 9that the court deems appropriate or from appointing an
Page 32, Line 10attorney, guardian ad litem, visitor, or professional evaluator;
Page 32, Line 11(b) The court from ordering the guardian to appear at the
Page 32, Line 12termination proceeding and give testimony; or
Page 32, Line 13(c) Any person interested in the welfare of the adult
Page 32, Line 14subject to guardianship from calling the guardian as a witness
Page 32, Line 15in the termination proceeding.
Page 32, Line 16(11) The court may remove a guardian pursuant to section
Page 32, Line 1715-10-503 or permit a guardian to resign pursuant to section
Page 32, Line 1815-14-112.
Page 32, Line 19(12) Guardianship for an adult subject to guardianship
Page 32, Line 20automatically terminates upon the death of the adult. Upon the
Page 32, Line 21death of the adult, the guardian shall submit written notice to
Page 32, Line 22the court informing the court of the adult's death and the
Page 32, Line 23termination of the guardianship.
Page 32, Line 2415-14-320. Compensation for the guardian - guardian liability
Page 32, Line 25- conservator room and board.
Page 32, Line 26(1) A guardian is entitled to reasonable compensation for
Page 32, Line 27services rendered to the adult subject to guardianship that are
Page 32, Line 28provided pursuant to the guardian's duties and powers as
Page 32, Line 29described in this part 3 as well as reasonable room and board, as
Page 32, Line 30approved by the court.
Page 32, Line 31(2) If a conservator is appointed for the adult subject to
Page 32, Line 32guardianship, reasonable compensation and reimbursement for
Page 32, Line 33room and board may be approved and paid by the conservator
Page 32, Line 34without a court order.
Page 32, Line 35(3) A guardian is not required to use the guardian's
Page 32, Line 36personal funds to pay for the expenses of the adult subject to
Page 32, Line 37guardianship.
Page 32, Line 38(4) A guardian is not liable to a third party for the acts
Page 32, Line 39of the adult subject to guardianship solely by reason of being
Page 32, Line 40the adult's guardian.
Page 32, Line 41(5) A guardian who exercises reasonable care in choosing
Page 32, Line 42a medical professional for the adult's care or treatment is not
Page 32, Line 43liable for injury the adult may suffer as a result of the
Page 33, Line 1negligent or wrongful conduct of the medical professional.
Page 33, Line 2SECTION 4. In Colorado Revised Statutes, repeal 15-14-101.
Page 33, Line 3SECTION 5. In Colorado Revised Statutes, 13-5-142, amend
Page 33, Line 4(3)(b)(I) as follows:
Page 33, Line 513-5-142. National instant criminal background check system
Page 33, Line 6- reporting.
Page 33, Line 7(3) The state court administrator shall take all necessary steps to
Page 33, Line 8cancel a record made by the state court administrator in the national
Page 33, Line 9instant criminal background check system if:
Page 33, Line 10(b) No less than three years before the date of the written request:
Page 33, Line 11(I) The court entered an order pursuant to section 15-14-318,
Page 33, Line 12C.R.S. section 15-14-319, terminating a guardianship on a finding that
Page 33, Line 13the person is no longer an incapacitated person, if the record in the
Page 33, Line 14national instant criminal background check system is based on a finding
Page 33, Line 15of incapacity;
Page 33, Line 16SECTION 6. In Colorado Revised Statutes, 13-9-123, amend
Page 33, Line 17(3)(b)(I) as follows:
Page 33, Line 1813-9-123. National instant criminal background check system
Page 33, Line 19- reporting.
Page 33, Line 20(3) The state court administrator shall take all necessary steps to
Page 33, Line 21cancel a record made by the state court administrator in the national
Page 33, Line 22instant criminal background check system if:
Page 33, Line 23(b) No less than three years before the date of the written request:
Page 33, Line 24(I) The court entered an order pursuant to section 15-14-318,
Page 33, Line 25C.R.S. section 15-14-319, terminating a guardianship on a finding that
Page 33, Line 26the person is no longer an incapacitated person, if the record in the
Page 33, Line 27national instant criminal background check system is based on a finding
Page 33, Line 28of incapacity;
Page 33, Line 29SECTION 7. In Colorado Revised Statutes, 14-10-107, amend
Page 33, Line 30(3) as follows:
Page 33, Line 3114-10-107. Commencement - pleadings - abolition of existing
Page 33, Line 32defenses - automatic, temporary injunction - enforcement.
Page 33, Line 33(3) Either or both parties party to the marriage may initiate the
Page 33, Line 34proceeding. In addition, a legal guardian, with court approval pursuant to
Page 33, Line 35section 15-14-315.5, C.R.S. section 15-14-314 (3), or a conservator, with
Page 33, Line 36court approval pursuant to section 15-14-425.5, C.R.S., may initiate the
Page 33, Line 37proceeding. If a legal guardian or conservator initiates the proceeding, the
Page 33, Line 38legal guardian or conservator shall must receive notice in the same
Page 33, Line 39manner as the parties to the proceeding.
Page 33, Line 40SECTION 8. In Colorado Revised Statutes, 15-10-201, amend
Page 33, Line 41(26) as follows:
Page 33, Line 4215-10-201. General definitions.
Page 33, Line 43Subject to additional definitions contained in this article 10 and the
Page 34, Line 1subsequent articles that are applicable to specific articles, parts, or
Page 34, Line 2sections, and unless the context otherwise requires, in this code:
Page 34, Line 3(26) "Informal proceedings" means those conducted without
Page 34, Line 4notice to interested persons by an officer of the court acting as a registrar
Page 34, Line 5for probate of a will, appointment of a personal representative, or
Page 34, Line 6determination of a guardian under sections 15-14-202 and 15-14-301
Page 34, Line 7sections 15-14-202, 15-14-301, and 15-14-302.
Page 34, Line 8SECTION 9. In Colorado Revised Statutes, 15-10-602, amend
Page 34, Line 9(6) and (9) as follows:
Page 34, Line 1015-10-602. Recovery of reasonable compensation and costs.
Page 34, Line 11(6) Except as provided in sections 15-10-605 (2), (3), and (4)
Page 34, Line 1215-14-318 (4); and 15-14-431 (5), if any a fiduciary or person with
Page 34, Line 13priority for appointment as personal representative, conservator, guardian,
Page 34, Line 14agent, custodian, or trustee defends or prosecutes a proceeding in good
Page 34, Line 15faith, whether successful or not, the fiduciary or person is entitled to
Page 34, Line 16receive from the estate reimbursement for reasonable costs and
Page 34, Line 17disbursements, including but not limited to reasonable attorney fees.
Page 34, Line 18(9) Every application or petition for appointment of a fiduciary
Page 34, Line 19filed under this code, including without limitation those required under
Page 34, Line 20sections 15-12-301, 15-12-402, 15-12-614, 15-12-621, 15-12-622,
Page 34, Line 2115-14-202, 15-14-204, 15-14-304 15-14-302, and 15-14-403, shall must
Page 34, Line 22include a statement by the applicant or petitioner disclosing the basis
Page 34, Line 23upon which any compensation is to be charged to the estate by the
Page 34, Line 24fiduciary and his or her or its the fiduciary's counsel or shall must state
Page 34, Line 25that the basis has not yet been determined. The disclosure statement shall
Page 34, Line 26must specifically describe, as is applicable, the hourly rates to be
Page 34, Line 27charged, any amounts to be charged pursuant to a published fee schedule,
Page 34, Line 28including the rates and basis for charging fees for any extraordinary
Page 34, Line 29services, and any other bases upon which a fee charged to the estate will
Page 34, Line 30be calculated. This disclosure obligation shall be is continuing in nature
Page 34, Line 31so as to require and requires supplemental disclosures if material
Page 34, Line 32changes to the basis for charging fees take place.
Page 34, Line 33SECTION 10. In Colorado Revised Statutes, 15-14-110, amend
Page 34, Line 34(1) introductory portion and (1)(e) as follows:
Page 34, Line 3515-14-110. Letters of office.
Page 34, Line 36(1) A nominee for guardian, emergency guardian, conservator, or
Page 34, Line 37special conservator shall file an acceptance of office with the court. The
Page 34, Line 38acceptance of office shall must be signed by the nominee and, except as
Page 34, Line 39otherwise provided in this section, shall must include a statement by the
Page 34, Line 40nominee informing the court of the following:
Page 34, Line 41(e) That the nominee acknowledges and understands that if the
Page 34, Line 42nominee fails to file required reports with the court or fails to respond to
Page 34, Line 43an order of the court to show cause why the nominee should not be held
Page 35, Line 1in contempt of court, Colorado law authorizes the court to access data and
Page 35, Line 2records of state agencies in order to obtain contact information, as defined
Page 35, Line 3in sections 15-14-317 (4)(c) and section 15-14-420 (6)(c).
Page 35, Line 4SECTION 11. In Colorado Revised Statutes, 15-14-113.5,
Page 35, Line 5amend (1), (2) introductory portion, (2)(a), (4) introductory portion, and
Page 35, Line 6(4)(c) as follows:
Page 35, Line 715-14-113.5. Appointments without notice - investigation -
Page 35, Line 8report - procedures.
Page 35, Line 9(1) A visitor appointed pursuant to section 15-14-312 (5) or
Page 35, Line 1015-14-412 (3)(b) or 15-14-905 must be a person who has such the
Page 35, Line 11training as the court deems appropriate.
Page 35, Line 12(2) A visitor appointed pursuant to section 15-14-312 (5) or
Page 35, Line 1315-14-412 (3)(b) shall interview the respondent in person and, to the
Page 35, Line 14extent that the respondent is able to understand:
Page 35, Line 15(a) Explain to the respondent the substance of the petition; the
Page 35, Line 16nature, purpose, and effect of the proceeding; the respondent's right to a
Page 35, Line 17hearing pursuant to section 15-14-312 (2) section 15-14-312 (4), if
Page 35, Line 18applicable; and the powers and duties of the emergency guardian or
Page 35, Line 19special conservator;
Page 35, Line 20(4) The visitor shall promptly file a report in writing with the court
Page 35, Line 21which must include that includes:
Page 35, Line 22(c) Recommendations on whether any a member of the supportive
Page 35, Line 23community should be granted permission to participate in the proceedings
Page 35, Line 24pursuant to section 15-14-308 (2) section 15-14-307 (8) or 15-10-201
Page 35, Line 25(27);
Page 35, Line 26SECTION 12. In Colorado Revised Statutes, 15-14-501, amend
Page 35, Line 27(1) as follows:
Page 35, Line 2815-14-501. When power of attorney not affected by disability.
Page 35, Line 29(1) Whenever If a principal designates another his the
Page 35, Line 30principal's attorney-in-fact or agent by a power of attorney in writing
Page 35, Line 31and the writing contains the words "This power of attorney shall not be
Page 35, Line 32affected by disability of the principal." or "This power of attorney shall
Page 35, Line 33become effective upon the disability of the principal." or similar words
Page 35, Line 34showing the intent of the principal that the authority conferred shall be
Page 35, Line 35exercisable notwithstanding his the principal's disability, the authority
Page 35, Line 36of the attorney-in-fact or agent is exercisable by him as provided in the
Page 35, Line 37power on behalf of the principal notwithstanding later disability or
Page 35, Line 38incapacity of the principal at law or later uncertainty as to whether the
Page 35, Line 39principal is dead or alive. The authority of the attorney-in-fact or agent to
Page 35, Line 40act on behalf of the principal shall must be set forth in the power and
Page 35, Line 41may relate to any act, power, duty, right, or obligation which that the
Page 35, Line 42principal has or after acquires relating to the principal or any matter,
Page 35, Line 43transaction, or property, real or personal, tangible or intangible. The
Page 36, Line 1authority of the agent with regard to medical treatment decisions on
Page 36, Line 2behalf of a principal is set forth in sections 15-14-503 to 15-14-509. The
Page 36, Line 3attorney-in-fact or agent, however, is subject to the same limitations
Page 36, Line 4imposed upon court-appointed guardians contained in section 15-14-312
Page 36, Line 5(1)(a) section 15-14-315. Additionally, the principal may expressly
Page 36, Line 6empower his the principal's attorney-in-fact or agent to renounce and
Page 36, Line 7disclaim interests and powers, to make gifts, in trust or otherwise, and to
Page 36, Line 8release and exercise powers of appointment. All acts done by the
Page 36, Line 9attorney-in-fact or agent pursuant to the power during any period of
Page 36, Line 10disability or incompetence or uncertainty as to whether the principal is
Page 36, Line 11dead or alive have the same effect and inure to the benefit of and bind the
Page 36, Line 12principal or his the principal's heirs, devisees, and personal
Page 36, Line 13representative as if the principal were alive, competent, and not disabled.
Page 36, Line 14If a guardian or conservator thereafter is appointed for the principal, the
Page 36, Line 15attorney-in-fact or agent, during the continuance of the appointment, shall
Page 36, Line 16must consult with the guardian on matters concerning the principal's
Page 36, Line 17personal care or account to the conservator on matters concerning the
Page 36, Line 18principal's financial affairs. The conservator has the same power the
Page 36, Line 19principal would have had if he the principal were not disabled or
Page 36, Line 20incompetent to revoke, suspend, or terminate all or any part of the power
Page 36, Line 21of attorney or agency as it relates to financial matters. Subject to any
Page 36, Line 22limitation or restriction of the guardian's powers or duties set forth in the
Page 36, Line 23order of appointment and endorsed on the letters of guardianship, a
Page 36, Line 24guardian has the same power to revoke, suspend, or terminate all or any
Page 36, Line 25part of the power of attorney or agency as it relates to matters concerning
Page 36, Line 26the principal's personal care that the principal would have had if the
Page 36, Line 27principal were not disabled or incompetent, except with respect to
Page 36, Line 28medical treatment decisions made by an agent pursuant to sections
Page 36, Line 2915-14-506 to 15-14-509; however, such this exception shall does not
Page 36, Line 30preclude a court from removing an agent in the event an agent becomes
Page 36, Line 31incapacitated, or is unwilling or unable to serve as an agent.
Page 36, Line 32SECTION 13. In Colorado Revised Statutes, 15-14.5-102,
Page 36, Line 33amend the introductory portion and (3) as follows:
Page 36, Line 3415-14.5-102. Definitions.
Page 36, Line 35As used in this article 14.5, unless the context otherwise
Page 36, Line 36requires:
Page 36, Line 37(3) "Guardian" means a person appointed by the court to make
Page 36, Line 38decisions regarding the person of an adult, including a person appointed
Page 36, Line 39under section 15-14-301 pursuant to sections 15-14-301 and
Page 36, Line 4015-14-302.
Page 36, Line 41SECTION 14. In Colorado Revised Statutes, 27-65-103, amend
Page 36, Line 42(1) as follows:
Page 36, Line 4327-65-103. Voluntary applications for mental health services.
Page 37, Line 1(1) Nothing in this article 65 in any way limits the right of any a
Page 37, Line 2person to make a voluntary application at any time to any a public or
Page 37, Line 3private agency or professional person for mental health services, either by
Page 37, Line 4direct application in person or by referral from any other public or private
Page 37, Line 5agency or professional person. Subject to section 15-14-316 (4) sections
Page 37, Line 615-14-315 (2) and 15-14-314 (7)(d), a ward, as defined in section
Page 37, Line 715-14-102 (15), may be admitted to a hospital or institutional care and
Page 37, Line 8treatment for a mental health disorder with the guardian's consent for as
Page 37, Line 9long as if the ward agrees to such the care and treatment. The guardian
Page 37, Line 10shall immediately notify in writing the court that appointed the guardian
Page 37, Line 11of the admission.
Page 37, Line 12SECTION 15. Applicability. This act applies to guardianships
Page 37, Line 13established on or after the effective date of this act.
Page 37, Line 14SECTION 16. Act subject to petition - effective date. This act
Page 37, Line 15takes effect January 1, 2028; except that, if a referendum petition is filed
Page 37, Line 16pursuant to section 1 (3) of article V of the state constitution against this
Page 37, Line 17act or an item, section, or part of this act within the ninety-day period
Page 37, Line 18after final adjournment of the general assembly, then the act, item,
Page 37, Line 19section, or part will not take effect unless approved by the people at the
Page 37, Line 20general election to be held in November 2026 and, in such case, will take
Page 37, Line 21effect on January 1, 2028.".