(1) Within sixty days after appointment or as otherwise directed by the court, a guardian shall report to the court in writing on the condition of the ward, the guardian's personal care plan for the ward, and account for money and other assets in the guardian's possession or subject to the guardian's control. A guardian shall report at least annually thereafter and whenever ordered by the court. The annual report must state or contain:
(a) The current mental, physical, and social condition of the ward;
(b) The living arrangements for all addresses of the ward during the reporting period;
(c) The medical, educational, vocational, and other services provided to the ward and the guardian's opinion as to the adequacy of the ward's care;
(d) A summary of the guardian's visits with the ward and activities on the ward's behalf and the extent to which the ward has participated in decision-making;
(e) Whether the guardian considers the current plan for care, treatment, or habilitation to be in the ward's best interest;
(f) Plans for future care; and
(g) A recommendation as to the need for continued guardianship and any recommended changes in the scope of the guardianship.
(2) The court may appoint a visitor or other suitable person to review a report, interview the ward or guardian, and make any other investigation the court directs.
(3) The court shall establish a system for monitoring guardianships, including the filing and review of annual reports.
(4) (a) Whenever a guardian fails to file a report or fails to respond to an order of the court to show cause why the guardian should not be held in contempt of court, the clerk of the court or his or her designee may research the whereabouts and contact information of the guardian and the ward. To facilitate this research, the clerk of the court or his or her designee shall have access to data maintained by other state agencies, including but not limited to vital statistics information maintained by the department of public health and environment, wage and employment data maintained by the department of labor and employment, lists of licensed drivers and income tax data maintained by the department of revenue and provided pursuant to section 13-71-107, C.R.S., and voter registration information obtained annually by the state court administrator pursuant to section 13-71-107, C.R.S. The court may access the data only to obtain contact information for the guardian or the ward. Notwithstanding any provision of law to the contrary, the judicial department and the other state agencies listed in this paragraph (a) may enter into agreements for the sharing of this data. The judicial department and the courts shall not access data maintained pursuant to the Address Confidentiality Program Act, part 21 of article 30 of title 24, C.R.S.
(b) The court shall preserve the confidentiality of the data obtained from other state agencies and use the data only for the purposes set forth in this subsection (4). Notwithstanding the provisions of article 72 of title 24, C.R.S., documents and information obtained by the court pursuant to this subsection (4) are not public records and shall be open to public inspection only upon an order of the court based on a finding of good cause, except to the extent they would otherwise be open to inspection from the providing state agency.
(c) For purposes of this subsection (4), contact information means name, residential address, business address, date of birth, date of death, phone number, email address, or other identifying information as directed by the court.
Source: L. 2000: Entire part R&RE, p. 1801, � 1, effective January 1, 2001 (see � 15-17-103). L. 2012: Entire section amended, (HB 12-1074), ch. 46, p. 166, � 1, effective March 22.
15-14-318. Termination or modification of guardianship - resignation or removal of guardian. (1) A guardianship terminates upon the death of the ward or upon order of the court.
(2) On petition of a ward, a guardian, or another person interested in the ward's welfare, the court shall terminate a guardianship if the ward no longer meets the standard for establishing the guardianship. The court may modify the type of appointment or powers granted to the guardian if the extent of protection or assistance previously granted is currently excessive or insufficient or the ward's capacity to provide for support, care, education, health, and welfare has so changed as to warrant that action.
(3) Except as otherwise ordered by the court for good cause, the court, before terminating a guardianship, shall follow the same procedures to safeguard the rights of the ward as apply to a petition for guardianship.
(3.5) The following provisions apply in a termination proceeding that is initiated by the ward:
(a) The guardian may file a written report to the court regarding any matter relevant to the termination proceeding, and the guardian may file a motion for instructions regarding any relevant matter including, but not limited to, the following:
(I) Whether an attorney, guardian ad litem, or visitor should be appointed for the ward;
(II) Whether any further investigation or professional evaluation of the ward should be conducted, the scope of the investigation or professional evaluation, and when the investigation or professional evaluation should be completed; and
(III) Whether the guardian is to be involved in the termination proceedings and, if so, to what extent.
(b) If the guardian elects to file a written report or a motion for instructions, the guardian shall file such initial pleadings within twenty-one days after the petition to terminate has been filed. Any interested person shall then have fourteen days to file a response. If a response is filed, the guardian shall have seven days to file a reply. If a motion for instructions is filed by the guardian as his or her initial pleading, the court shall rule on the motion before the petition for termination of the guardianship is set for hearing. Unless a hearing on the motion for instructions is requested by the court, the court may rule on the pleadings without a hearing after the time period for the filing of the last responsive pleading has expired. After the filing of the guardian's initial motion for instructions, the guardian may file subsequent motions for instruction as appropriate.
(c) Except for the actions authorized in paragraphs (a), (b), and (e) of this subsection (3.5), or as otherwise ordered by the court, the guardian may not take any action to oppose or interfere in the termination proceeding. The filing of the initial or subsequent motion for instructions by the guardian shall not, in and of itself, be deemed opposition or interference.
(d) Unless ordered by the court, the guardian shall have no duty to participate in the termination proceeding, and the guardian shall incur no liability for filing the report or motion for instruction or for failing to participate in the proceeding.
(e) Nothing in this subsection (3.5) shall prevent:
(I) The court, on its own motion and regardless of whether the guardian has filed a report or request for instructions, from ordering the guardian to take any action that the court deems appropriate or from appointing an attorney, guardian ad litem, visitor, or professional evaluator;
(II) The court from ordering the guardian to appear at the termination proceeding and give testimony; or
(III) Any interested person from calling the guardian as a witness in the termination proceeding.
(f) Any individual who has been appointed as a guardian, and is an interested person in his or her individual capacity, and wants to participate in the termination proceeding in his or her individual capacity and not in his or her fiduciary capacity may do so without restriction or limitation. The payment of any fees and costs to that individual, related to his or her decision to participate in the termination proceeding, shall be governed by section 15-10-602 (7) and not by section 15-10-602 (1).
(4) The court may remove a guardian pursuant to section 15-10-503 or permit the guardian to resign as set forth in section 15-14-112.
(5) Issues of liability as between an estate and the estate's guardian individually may be determined:
(a) In a proceeding pursuant to section 15-10-504;
(b) In a proceeding for accounting, surcharge, indemnification, sanctions, or removal; or
(c) In other appropriate proceedings.
(6) When a ward dies, all fees, costs, and expenses of the administration of the guardianship, including any unpaid guardian fees and costs and those of his or her counsel, may be submitted to the court for court approval in conjunction with the termination of the guardianship. Thereafter, all court-approved fees, costs, and expenses of administration arising from the guardianship shall be paid as court-approved claims for costs and expenses of administration in the decedent's estate. In the event that there are insufficient moneys to pay all claims in the decedent's estate in full, the fees, costs, and expenses of administration arising from the guardianship shall retain their classification as costs and expenses of administration in the decedent's estate and shall be paid pursuant to section 15-12-805.
Source: L. 2000: Entire part R&RE, p. 1801, � 1, effective January 1, 2001 (see � 15-17-103). L. 2008: (4) amended and (5) added, p. 484, � 11, effective July 1. L. 2011: (3.5) and (6) added, (SB 11-083), ch. 101, p. 307, � 15, effective August 10. L. 2012: (3.5)(b) amended, (SB 12-175), ch. 208, p. 840, � 52, effective July 1.
Editor's note: This section is similar to former � 15-14-306 as it existed prior to 2001.