Guardianship for Incapacitated Adults

More rights for adults under guardianship

Beginning August 12, 2026, Colorado replaces its prior adult guardianship rules with rules drawn from the Uniform Guardianship and Protective Proceedings Act. The law favors independence and less restrictive options, including support and technology that meet the person's needs. Adults under guardianship have rights to dignity, privacy, religious practice, sexual expression, and respect for gender identity. They also have rights to safe living, learning, and working spaces, free from abuse, neglect, exploitation, and discrimination. Guardians must be competent and advocate for the person's goals, needs, medical preferences, culture, and beliefs. Adults can take part in decisions about care, housing, activities, relationships, and property, to the extent possible. They have rights to needed services under the least restrictive conditions and careful management of their money. Private matters stay confidential, with exceptions for services, protection, or changes to court orders. Adults have rights to a lawyer advocating for their wishes, attendance at hearings, and communication support. Their rights must be explained in their preferred language and way of communicating. They can raise complaints and ask courts to review their guardian, specific rights, or whether guardianship should continue or end. Adults keep rights not assigned to a guardian or conservator; only a court order can limit the listed rights. Courts can authorize decisions about social surroundings, lawsuits, contracts, gifts, money, and property. Voting, reproductive health, having children, and marital-status rights remain unless the appointment order expressly limits them with supporting findings. Guardians must notify the adult and court at least 30 days before a permanent facility move restricting departures or visitors, when reasonably feasible. This notice rule does not apply when the move is proposed in the guardian's plan or specifically ordered by the court. The State Court Administrator's Office must report the law's court-system costs using existing data on November 1, 2027, and November 1, 2028. That reporting requirement ends January 1, 2029. If a referendum petition is filed, the law takes effect only after voter approval in November 2026 and the governor's official vote declaration.