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Colorado Statutes, Title 15

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Title 15, Probate, Trusts, and Fiduciaries

0 chapters · 1,078 sections in this title.

All chapters in Title 151,078 Ch 14157 Ch 12155 Ch 11135 Ch 5103 Ch 186 Ch 1.249 Ch 1648 Ch 1547 Ch 1944 Ch 1037 Ch 2.533 Ch 14.523 Ch 1.522 Ch 2322

157 sections·Filtered byTitle 15✕Ch 14✕

Colo. Rev. Stat. § 15-14-101 Short title
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Parts 1 to 4 of this article may be cited as the "Colorado Uniform Guardianship and Protective Proceedings Act". Source: L. 2000: Entire part R&RE, p. 1778, § 1, effective January 1, 2001 (see § 15-17-103). ANNOTATION The trial court has a broad discretion in all matters relating…
Colo. Rev. Stat. § 15-14-102 Definitions
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In parts 1 to 4 of this article 14: (1) "Claim", with respect to a protected person, includes a claim against an individual, whether arising in contract, tort, or otherwise, and a claim against an estate which arises at or after the appointment of a conservator, including expense…
Colo. Rev. Stat. § 15-14-103 Guardianship bill of rights
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(1) A ward has the right to: (a) Be treated with dignity and respect; (b) Be free from abuse, neglect, exploitation, and discrimination; (c) Remain as independent as possible; (d) Express and practice their own religious preferences; (e) Personal privacy; (f) Humane, safe, and sa…
Colo. Rev. Stat. § 15-14-104 Facility of transfer
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(1) Unless a person required to transfer money or personal property to a minor knows that a conservator has been appointed or that a proceeding for appointment of a conservator of the estate of the minor is pending, the person may do so, as to an amount or value not exceeding ten…

Colo. Rev. Stat. § 15-14-105 Delegation of power by parent or guardian

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A parent or guardian of a minor or incapacitated person, by a power of attorney, may delegate to another person, for a period not exceeding twelve months, any power regarding care, custody, or property of the minor or ward, except the power to consent to marriage or adoption. Sou…

Colo. Rev. Stat. § 15-14-106 Subject-matter jurisdiction

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(1) Except as provided in subsection (2) of this section, parts 1 to 4 of this article apply to, and the court has jurisdiction over, guardianship and related proceedings for individuals domiciled or present in this state, protective proceedings for individuals domiciled in or ha…

Colo. Rev. Stat. § 15-14-107 Transfer of jurisdiction

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(1) After the appointment of a guardian or conservator or entry of another protective order, the court making the appointment or entering the order may transfer the proceeding to a court in another county in this state or to another state if the court is satisfied that a transfer…

Colo. Rev. Stat. § 15-14-108 Venue

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(1) Venue for a guardianship proceeding for a minor is in the county of this state in which the minor resides or is present at the time the proceeding is commenced. (2) Venue for a guardianship proceeding for an incapacitated person is in the county of this state in which the res…

Colo. Rev. Stat. § 15-14-109 Practice in court - consolidation of proceedings

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(1) Except as otherwise provided in parts 1 to 4 of this article, the rules of civil procedure and the Colorado rules of probate procedure, including the rules concerning appellate review, govern proceedings under parts 1 to 4 of this article. (2) If guardianship and protective p…

Colo. Rev. Stat. § 15-14-110 Letters of office

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(1) A nominee for guardian, emergency guardian, conservator, or special conservator shall file an acceptance of office with the court. The acceptance of office shall be signed by the nominee and, except as otherwise provided in this section, shall include a statement by the nomin…

Colo. Rev. Stat. § 15-14-111 Effect of acceptance of appointment

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By accepting appointment, a guardian or conservator submits personally to the jurisdiction of the court in any proceeding relating to the guardianship or conservatorship. Source: L. 2000: Entire part R&RE, p. 1782, § 1, effective January 1, 2001 (see § 15-17-103). ANNOTATION Sect…

Colo. Rev. Stat. § 15-14-112 Termination of or change in guardian's or conservator's appointment

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(1) The appointment of a guardian or conservator terminates upon the death, resignation, or removal of the guardian or conservator or upon termination of the guardianship or conservatorship. A resignation of a guardian or conservator is effective when approved by the court. A par…

Colo. Rev. Stat. § 15-14-113 Notice

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(1) Except as otherwise ordered by the court for good cause, if notice of a hearing on a petition is required, other than a notice for which specific requirements are otherwise provided, the petitioner shall give notice of the time and place of the hearing to the person to be not…

Colo. Rev. Stat. § 15-14-113.5 Appointments without notice - investigation - report - procedures

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(1) A visitor appointed pursuant to section 15-14-312 (5) or 15-14-412 (3)(b) must be a person who has such training as the court deems appropriate. (2) A visitor appointed pursuant to section 15-14-312 (5) or 15-14-412 (3)(b) shall interview the respondent in person and, to the …

Colo. Rev. Stat. § 15-14-114 Waiver of notice

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A person may waive notice by a writing signed by the person or the person's attorney and filed in the proceeding in accordance with Colorado rules of probate procedure. However, a respondent, ward, or protected person may not waive notice. Source: L. 2000: Entire part R&RE, p. 17…

Colo. Rev. Stat. § 15-14-115 Guardian ad litem

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At any stage of a proceeding, a court may appoint a guardian ad litem if the court determines that representation of the interest otherwise would be inadequate. If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several individuals or in…

Colo. Rev. Stat. § 15-14-116 Request for notice - interested persons

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An interested person not otherwise entitled to notice who desires to be notified before any order is made in a guardianship proceeding, including a proceeding after the appointment of a guardian, or in a protective proceeding, may file a request for notice with the clerk of the c…

Colo. Rev. Stat. § 15-14-117 Multiple appointments or nominations

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If a respondent or other person makes more than one written appointment or nomination of a guardian or a conservator, the most recent controls. Source: L. 2000: Entire part R&RE, p. 1784, § 1, effective January 1, 2001 (see § 15-17-103).

Colo. Rev. Stat. § 15-14-118 Small estate - person under disability - no personal representative

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(1) Any interested person may file a verified petition for the distribution without administration of the estate of a person under disability under the provisions of this section. (2) The petition must state, so far as known to petitioner: (a) The name, date of birth, county, and…

Colo. Rev. Stat. § 15-14-119 Notice to public institutions on appointment of guardian or conservator

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When any court shall appoint a conservator of the estate of a protected person or a guardian of an incapacitated person committed to or residing in any public institution of this state, the court shall notify the superintendent or chief administrative officer of said public insti…

Colo. Rev. Stat. § 15-14-120 Uniform veterans' guardianship act not affected

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If any of the provisions of parts 1 to 4 of this article are inconsistent with the provisions of part 2 of article 5 of title 28, C.R.S., known as the "Uniform Veterans' Guardianship Act", the provisions of that act shall prevail with respect to funds or proceedings subject there…

Colo. Rev. Stat. § 15-14-121 Uniformity of application and construction

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In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: L. 2000: Entire part R&RE, p. 1786, § 1, effective January 1, 2001 (see § 15-17-103).

Colo. Rev. Stat. § 15-14-122 Severability clause

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If any provision of parts 1 to 4 of this article or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of parts 1 to 4 of this article which can be given effect without the invalid provision or applicati…

Colo. Rev. Stat. § 15-14-201 Appointment and status of guardian

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A person becomes a guardian of a minor by appointment by a parent or guardian by will or written instrument or upon appointment by the court. The guardianship continues until terminated, without regard to the location of the guardian or minor ward. Source: L. 2000: Entire part R&…

Colo. Rev. Stat. § 15-14-202 Testamentary appointment of guardian - appointment by written instrument

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(1) A guardian may be appointed by will or other signed writing by a parent for any minor child the parent has or may have in the future. A guardian may also be appointed by will or other signed writing by a guardian of a minor child. The appointment may specify the desired limit…

Colo. Rev. Stat. § 15-14-203 Objection of others to parental appointment - consent by minor of twelve years of age or older to appointment of guardian

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(1) Until the court has confirmed an appointee under section 15-14-202, the other parent, or a person other than a parent or guardian having care or custody of the minor may prevent or terminate the appointment at any time by filing a written objection in the court in which the a…

Colo. Rev. Stat. § 15-14-204 Judicial appointment of guardian - conditions for appointment - definition

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(1) A minor or a person interested in the welfare of a minor may petition for appointment of a guardian. (2) The court may appoint a guardian for a minor if the court finds the appointment is in the minor's best interest, and: (a) The parents consent; (b) All parental rights have…

Colo. Rev. Stat. § 15-14-205 Judicial appointment of guardian - procedure

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(1) After a petition for appointment of a guardian is filed, the court shall schedule a hearing, and the petitioner shall give notice of the time and place of the hearing, together with a copy of the petition, to: (a) The minor, if the minor has attained twelve years of age and i…

Colo. Rev. Stat. § 15-14-206 Judicial appointment of guardian - priority of minor's nominee - limited guardianship

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(1) The court shall appoint a guardian whose appointment will be in the best interest of the minor. The court shall appoint a guardian nominated by the minor, if the minor has attained twelve years of age, unless the court finds the appointment will be contrary to the best intere…

Colo. Rev. Stat. § 15-14-207 Duties of guardian

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(1) Except as otherwise limited by the court, a guardian of a minor ward has the duties and responsibilities of a parent regarding the ward's support, care, education, health, and welfare. A guardian shall act at all times in the ward's best interest and exercise reasonable care,…

Colo. Rev. Stat. § 15-14-208 Powers of guardian

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(1) Except as otherwise limited by the court, a guardian of a minor ward has the powers of a parent regarding the ward's support, care, education, health, and welfare. (2) A guardian may: (a) Apply for and receive money for the support of the ward otherwise payable to the ward's …

Colo. Rev. Stat. § 15-14-209 Rights and immunities of a guardian

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(1) A guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room and board provided by the guardian or one who is affiliated with the guardian, but only as approved by the court. If a conservator, other than the guardian or a person who…

Colo. Rev. Stat. § 15-14-210 Termination of guardianship - other proceedings after appointment

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(1) A guardianship of a minor terminates upon the minor's death, adoption, emancipation, or attainment of majority or as ordered by the court; except that the appointment of a guardian of a minor pursuant to section 15-14-204 (2.5) does not terminate based on age until twenty-one…

Colo. Rev. Stat. § 15-14-301 Appointment and status of guardian

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A person becomes a guardian of an incapacitated person upon appointment by the court. The guardianship continues until terminated, without regard to the location of the guardian or ward. Source: L. 2000: Entire part R&RE, p. 1792, § 1, effective January 1, 2001 (see § 15-17-103).…

Colo. Rev. Stat. § 15-14-304 Judicial appointment of guardian - petition

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(1) An individual or a person interested in the individual's welfare may petition for a determination of incapacity, in whole or in part, and for the appointment of a limited or unlimited guardian for the individual. (2) The petition must set forth the petitioner's name, residenc…

Colo. Rev. Stat. § 15-14-305 Preliminaries to hearing

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(1) Upon receipt of a petition to establish a guardianship, the court shall set a date and time for hearing the petition and appoint a visitor. The duties and reporting requirements of the visitor are limited to the relief requested in the petition. The visitor must be a person w…

Colo. Rev. Stat. § 15-14-306 Professional evaluation

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(1) At or before a hearing under this part 3, the court may order a professional evaluation of the respondent and shall order the evaluation if the respondent so demands. If the court orders the evaluation, the respondent must be examined by a physician, psychologist, or other in…

Colo. Rev. Stat. § 15-14-308 Presence and rights at hearing

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(1) Unless excused by the court for good cause, the proposed guardian shall attend the hearing. The respondent shall attend the hearing, unless excused by the court for good cause. The respondent may present evidence and subpoena witnesses and documents; examine witnesses, includ…

Colo. Rev. Stat. § 15-14-309 Notice

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(1) A copy of a petition for guardianship and notice of the hearing on the petition must be served personally on the respondent. The notice must include a statement that the respondent must be physically present unless excused by the court, inform the respondent of the respondent…

Colo. Rev. Stat. § 15-14-310 Who may be guardian - priorities - prohibition of dual roles

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(1) Subject to subsection (4) of this section, the court in appointing a guardian shall consider persons otherwise qualified in the following order of priority: (a) A guardian, other than a temporary or emergency guardian, currently acting for the respondent in this state or else…

Colo. Rev. Stat. § 15-14-311 Findings - order of appointment

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(1) The court may: (a) Appoint a limited or unlimited guardian for a respondent only if it finds by clear and convincing evidence that: (I) The respondent is an incapacitated person; and (II) The respondent's identified needs cannot be met by less restrictive means, including use…

Colo. Rev. Stat. § 15-14-312 Emergency guardian

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(1) If the court finds that compliance with the procedures of this part 3 will likely result in substantial harm to the respondent's health, safety, or welfare, and that no other person appears to have authority and willingness to act in the circumstances, the court, on petition …

Colo. Rev. Stat. § 15-14-313 Temporary substitute guardian

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(1) If the court finds that a guardian is not effectively performing the guardian's duties and that the welfare of the ward requires immediate action, it may appoint a temporary substitute guardian for the ward for a specified period not exceeding six months. Except as otherwise …

Colo. Rev. Stat. § 15-14-314 Duties of guardian

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(1) Except as otherwise limited by the court, a guardian shall make decisions regarding the ward's support, care, education, health, and welfare. A guardian shall exercise authority only as necessitated by the ward's limitations and, to the extent possible, shall encourage the wa…

Colo. Rev. Stat. § 15-14-315 Powers of guardian

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(1) Subject to the limitations set forth in section 15-14-316 and except as otherwise limited by the court, a guardian may: (a) Apply for and receive money payable to the ward or the ward's guardian or custodian for the support of the ward under the terms of any statutory system …

Colo. Rev. Stat. § 15-14-315.5 Dissolution of marriage and legal separation

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(1) The guardian may petition the court for authority to commence and maintain an action for dissolution of marriage or legal separation on behalf of the ward. The court may grant such authority only if satisfied, after notice and hearing, that: (a) It is in the best interest of …

Colo. Rev. Stat. § 15-14-316 Rights and immunities of guardian - limitations

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(1) A guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room and board provided by the guardian or one who is affiliated with the guardian, but only as approved by order of the court. If a conservator, other than the guardian or one…

Colo. Rev. Stat. § 15-14-317 Reports - monitoring of guardianship - court access to records

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(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 subj…

Colo. Rev. Stat. § 15-14-318 Termination or modification of guardianship - resignation or removal of guardian

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(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 g…

Colo. Rev. Stat. § 15-14-319 Right to a lawyer post-adjudication

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(1) An adult ward has the right post-adjudication to be represented by a lawyer of the ward's choosing at the expense of the ward's estate unless the court finds by clear and convincing evidence that the ward lacks sufficient capacity to provide informed consent for representatio…