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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

44 sections·Filtered byTitle 15✕Ch 19✕

Colo. Rev. Stat. § 15-19-101 Short title
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The short title of this part 1 is the "Disposition of Last Remains Act". Source: L. 2003: Entire article added, p. 1348, § 1, effective August 6. L. 2017: Entire section amended, (SB 17-223), ch. 158, p. 559, § 9, effective August 9.
Colo. Rev. Stat. § 15-19-102 Legislative declaration - construction
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(1) The general assembly finds and declares that: (a) A competent adult individual has the right and power to direct the disposition of his or her remains after death and should be protected from interested persons who may try to impose their wishes regarding such disposition con…
Colo. Rev. Stat. § 15-19-103 Definitions
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As used in this part 1, unless the context otherwise requires: (1) "Adult" means a natural person eighteen years of age or older. (2) "Declarant" means a competent adult who signs a declaration pursuant to the provisions of this part 1. (3) "Declaration" means a written instrumen…
Colo. Rev. Stat. § 15-19-104 Declaration of disposition of last remains
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(1) The declarant may specify, in a declaration, any one or more of the following: (a) The disposition to be made of the declarant's last remains; (b) The person appointed to direct the disposition of the declarant's last remains; (c) The ceremonial arrangements to be performed a…

Colo. Rev. Stat. § 15-19-105 Reliance - declarations

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(1) (a) A third party who provides for the lawful disposition of a declarant's remains in reliance on a declaration that appears to be legally executed shall not be subject to civil liability or administrative discipline for such reliance. (b) (I) A third party, when presented wi…

Colo. Rev. Stat. § 15-19-106 Right of final disposition

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(1) Subject to section 15-19-105 (2), the right to control disposition of the last remains or ceremonial arrangements of a decedent vests in and devolves upon the following persons, at the time of the decedent's death, in the following order: (a) The decedent if acting through a …

Colo. Rev. Stat. § 15-19-106.5 Disposition of abandoned cremated remains of veterans - liability - applicability - definitions

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(1) As used in this section, unless the context otherwise requires: (a) "Cremains facility" means a facility that may have unclaimed cremains of a veteran or qualified family member or any information related to unclaimed cremains, including but not limited to a mortuary, funeral…

Colo. Rev. Stat. § 15-19-107 Declaration of disposition of last remains

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(1) Form. The following statutory declaration of disposition of last remains is legally sufficient: DECLARATION OF DISPOSITION OF LAST REMAINS I, (name of declarant), being of sound mind and lawful age, hereby revoke all prior declarations concerning the disposition of m…

Colo. Rev. Stat. § 15-19-108 Interstate effect of declaration

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(1) Unless otherwise stated in a declaration, it shall be presumed that the declarant intends to have his or her declaration executed pursuant to this part 1 and recognized to the fullest extent possible by other states. (2) Unless otherwise provided in the declaration, a declara…

Colo. Rev. Stat. § 15-19-109 Effect of criminal charges

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A person who has been arrested on suspicion of having committed, is charged with, or has been convicted of, any felony offense specified in part 1 of article 3 of title 18, C.R.S., involving the death of the deceased person, shall not direct the final disposition of the deceased …

Colo. Rev. Stat. § 15-19-110 Natural reduction

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A person may use natural reduction for the final disposition of last remains or as a step in the final disposition of last remains. Source: L. 2021: Entire section added, (SB 21-006), ch. 123, p. 489, § 3, effective September 7.

Colo. Rev. Stat. § 15-19-201 Short title

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The short title of this part 2 is the "Revised Uniform Anatomical Gift Act". Source: L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 538, § 1, effective August 9.

Colo. Rev. Stat. § 15-19-202 Definitions

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In this part 2: (1) "Adult" means an individual who is at least eighteen years of age. (2) "Agent" means an individual: (A) Authorized to make health-care decisions on the principal's behalf by a power of attorney for health care; or (B) Expressly authorized to make an anatomical…

Colo. Rev. Stat. § 15-19-203 Applicability

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This part 2 applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. Source: L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 541, § 1, effective August 9.

Colo. Rev. Stat. § 15-19-204 Who may make anatomical gift before donor's death

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Subject to section 15-19-208, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in section 15-19-205 by: (1) The donor, if the donor is an adult or if th…

Colo. Rev. Stat. § 15-19-205 Manner of making anatomical gift before donor's death

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(a) A donor may make an anatomical gift: (1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card; (2) In a will; (3) During a terminal illness or injury of the donor, by …

Colo. Rev. Stat. § 15-19-206 Amending or revoking anatomical gift before donor's death

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(a) Subject to section 15-19-208, a donor or other person authorized to make an anatomical gift under section 15-19-204 may amend or revoke an anatomical gift by: (1) A record signed by: (A) The donor; (B) The other person; or (C) Subject to subsection (b) of this section, anothe…

Colo. Rev. Stat. § 15-19-207 Refusal to make anatomical gift - effect of refusal

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(a) An individual may refuse to make an anatomical gift of the individual's body or part by: (1) A record signed by: (A) The individual; or (B) Subject to subsection (b) of this section, another individual acting at the direction of the individual if the individual is physically …

Colo. Rev. Stat. § 15-19-208 Preclusive effect of anatomical gift, amendment, or revocation

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(a) Except as otherwise provided in subsection (g) of this section and subject to subsection (f) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a don…

Colo. Rev. Stat. § 15-19-209 Who may make anatomical gift of decedent's body or part

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(a) Subject to subsections (b) and (c) of this section and unless barred by section 15-19-207 or 15-19-208, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of person…

Colo. Rev. Stat. § 15-19-210 Manner of making, amending, or revoking anatomical gift of decedent's body or part

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(a) A person authorized to make an anatomical gift under section 15-19-209 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and…

Colo. Rev. Stat. § 15-19-211 Persons that may receive anatomical gift - purpose of anatomical gift

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(a) An anatomical gift may be made to the following persons named in the document of gift: (1) A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education; (2) Subject to subs…

Colo. Rev. Stat. § 15-19-213 Delivery of document of gift not required - right to examine

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(a) A document of gift need not be delivered during the donor's lifetime to be effective. (b) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copyi…

Colo. Rev. Stat. § 15-19-214 Rights and duties of procurement organization and others

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(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the department of revenue and any donor registry that it knows exists for the geographical area in which the individual resid…

Colo. Rev. Stat. § 15-19-215 Coordination of procurement and use

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Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. Source: L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 549, § 1, effective August 9.

Colo. Rev. Stat. § 15-19-216 Sale or purchase of parts prohibited

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(a) Except as otherwise provided in subsection (b) of this section, a person that knowingly acquires, receives, or otherwise transfers a part for valuable consideration for transplantation may be liable as specified in 42 U.S.C. sec. 274e. (b) A person may charge a reasonable amo…

Colo. Rev. Stat. § 15-19-217 Other prohibited acts

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A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a class 2 misdemeanor as specified in section 18-1.3-501. Source: L. 2…

Colo. Rev. Stat. § 15-19-218 Immunity

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(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…

Colo. Rev. Stat. § 15-19-219 Law governing validity - choice of law as to execution of document of gift - presumption of validity

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(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 natio…

Colo. Rev. Stat. § 15-19-220 Donor registry

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(a) The department of revenue may establish or contract for the establishment of a donor registry. (b) The department of revenue shall cooperate with a person that administers any donor registry that this state establishes, contracts for, or recognizes for the purpose of transfer…

Colo. Rev. Stat. § 15-19-221 Effect of anatomical gift on advance health-care directive - definitions

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(a) In this section: (1) "Advance health-care directive" means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor's direction concerning a health-care decision for the prospective donor. (2) "Declaration" m…

Colo. Rev. Stat. § 15-19-222 Cooperation between coroner and procurement organization

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(a) A coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation or therapy. (b) Subject to section 15-19-223, if a coroner receives notice from a procurement organization that an anatomical gi…

Colo. Rev. Stat. § 15-19-223 Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner

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(a) Upon request of a procurement organization, a coroner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the coroner. If the decedent's body or part is med…

Colo. Rev. Stat. § 15-19-224 Uniformity of application and construction

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In applying and construing this part 2, 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. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 554, § 1, effective August…

Colo. Rev. Stat. § 15-19-225 Relation to "Electronic Signatures in Global and National Commerce Act"

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This part 2 modifies, limits, and supersedes the "Electronic Signatures in Global and National Commerce Act", 15 U.S.C. sec. 7001 et seq., but does not modify, limit, or supersede section 101 (a) of that act, 15 U.S.C. sec. 7001, or authorize electronic delivery of any of the not…

Colo. Rev. Stat. § 15-19-301 Board for distribution of unclaimed human bodies - rules

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(1) The deans and the heads of the departments of anatomy and surgery of the accredited medical and dental schools of this state are constituted a board for the distribution and delivery of unclaimed dead human bodies, described in this part 3, to and among such institutions that…

Colo. Rev. Stat. § 15-19-302 Duty of public officers as to unclaimed bodies

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(1) All public officers, agents, and servants, and all officers, agents, and servants of every county, city, township, borough, district, and other municipality, and every almshouse, prison, morgue, hospital, or other municipal or other public institution, and all other persons h…

Colo. Rev. Stat. § 15-19-303 Claiming of body - publication of notice

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After an unclaimed body has been received by the anatomical board or its duly authorized agent, and has been preserved and stored, the body may be claimed within twenty days after death by relatives, friends, or fraternal or charitable organizations for burial or cremation at the…

Colo. Rev. Stat. § 15-19-304 Disposition of all or any portion of body after death - nonliability

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(1) A person has a right during his or her lifetime to provide for the disposition of all or any portion of his or her body upon his or her death. (2) No cause of action for damages shall accrue to any person arising out of the removal of all or any portion of the body of any dec…

Colo. Rev. Stat. § 15-19-305 Unlawful to hold autopsy

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It is unlawful for any person to hold an autopsy on any dead human body mentioned in this part 3, except on the request of the district attorney of the district where the body is located, without the written, telegraphic, or telephonic consent of the secretary of the anatomical b…

Colo. Rev. Stat. § 15-19-306 Holding of body for twenty days

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The anatomical board, or its duly authorized agent, shall take and receive any unclaimed bodies so delivered, and, after holding the bodies for a period of twenty days to determine if the bodies are claimed, shall distribute and deliver the unclaimed bodies on requisition to and …

Colo. Rev. Stat. § 15-19-307 Disposition of remains

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After the institutions to which the unclaimed bodies have been distributed by the anatomical board have completed the scientific study of the unclaimed bodies, the remains thereof shall in every case be disposed of by burial or cremation. Source: L. 2017: Entire part added with r…

Colo. Rev. Stat. § 15-19-308 Expense to be borne by institutions

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Neither the county, municipality, nor any officer, agent, or servant thereof shall incur any expense by reason of the delivery or distribution of any unclaimed body, but all the expenses thereof and of the anatomical board shall be borne by those institutions receiving the unclai…

Colo. Rev. Stat. § 15-19-309 Penalty

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Any person having duties enjoined upon him or her by the provisions of this part 3 who neglects, refuses, or omits to perform the same as required in this part 3 commits a civil infraction. Source: L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 557, § 1, ef…