Immunity

Colo. Rev. Stat. § 15-19-218, under Probate, Trusts, and Fiduciaries.

Colo. Rev. Stat. § 15-19-218

(a) A person that acts in accordance with this part 2 or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.

(b) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.

(c) In determining whether an anatomical gift has been made, amended, or revoked under this part 2, a person may rely upon representations of an individual listed in section 15-19-209 (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), or (a)(8) relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.

Source: L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 549, � 1, effective August 9.

Editor's note: This section is similar to former � 12-34-118 as it existed prior to 2017.

15-19-219. Law governing validity - choice of law as to execution of document of gift - presumption of validity. (a) A document of gift is valid if executed in accordance with:

(1) This part 2;

(2) The laws of the state or country where it was executed; or

(3) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.

(b) If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.

(c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.

Source: L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 550, � 1, effective August 9.

Editor's note: This section is similar to former � 12-34-119 as it existed prior to 2017.