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Colorado Statutes, Title 28

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Title 28, Military and Veterans

0 chapters · 246 sections in this title.

All chapters in Title 28246 Ch 3107 Ch 3.162 Ch 555 Ch 416 Ch 16

55 sections·Filtered byTitle 28✕Ch 5✕

Colo. Rev. Stat. § 28-5-100.3 Definitions
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As used in this article 5, unless the context otherwise requires: (1) "Discharged LGBT veteran" means a person who the state board of veterans affairs determines to be a discharged LGBT veteran pursuant to section 28-5-103. (2) "Veteran" means a person who served in the active mi…
Colo. Rev. Stat. § 28-5-101 Military discharges recorded free
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For the purpose of preserving a record of men and women who served with the armed forces of the United States and who are now or may become residents of Colorado, the clerk and recorders of the various counties of the state are directed to record discharges for such men and women…
Colo. Rev. Stat. § 28-5-102 Identity documents - veteran identifier
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A driver's license or identification card, issued under article 2 of title 42, C.R.S., that identifies the holder as a veteran is sufficient documentation that a person is a veteran for the purposes of any benefit or preference given to veterans by the state of Colorado or any po…
Colo. Rev. Stat. § 28-5-103 Discharged LGBT veteran

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(1) (a) A person is a discharged LGBT veteran if the person, as determined by the board of veterans affairs, was discharged from the armed services due to the person's sexual orientation or gender identity or gender expression; or statements, consensual sexual conduct, or consens…

Colo. Rev. Stat. § 28-5-104 State veterans benefits - effect of individual unemployability status

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For the purpose of determining eligibility for any veterans benefit offered by the state, a veteran who has individual unemployability status, as determined by the United States department of veterans affairs, shall be treated equivalently to a veteran who has a service-connected…

Colo. Rev. Stat. § 28-5-201 Short title

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This part 2 shall be known and may be cited as the "Uniform Veterans' Guardianship Act". Source: L. 45: p. 660, § 21. CSA: C. 150, § 55 (21). CRS 53: § 143-3-21. C.R.S. 1963: § 144-3-21. ANNOTATION Law reviews. For article, "Uniform State Laws of Interest to Colorado Probate Lawy…

Colo. Rev. Stat. § 28-5-202 Definitions

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As used in this part 2, unless the context otherwise requires: (1) "Administrator" means the administrator of veterans' affairs of the United States or his or her successor. (2) "Benefits" means all moneys paid or payable by the United States through the veterans administration. …

Colo. Rev. Stat. § 28-5-203 Administrator as party in interest

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The administrator shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of a ward and in any suit or other proceeding affecting in any manner the administration by the guar…

Colo. Rev. Stat. § 28-5-204 Guardian appointed when necessary

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When, pursuant to any law of the United States or regulation of the veterans administration, it is necessary, prior to payment of benefits, that a guardian be appointed, the appointment may be made in the manner provided in this part 2. Source: L. 45: p. 653, § 3. CSA: C. 150, § …

Colo. Rev. Stat. § 28-5-205 Limitation on number of wards

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No person other than a bank or trust company shall be guardian of more than five wards at one time, unless all the wards are members of one family. Upon presentation of a petition by an attorney of the veterans administration or other interested person alleging that a guardian is…

Colo. Rev. Stat. § 28-5-206 Appointment of guardian - petition

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(1) A petition for the appointment of a guardian may be filed by any relative or friend of the ward or by any person who is authorized by law to file a petition. If there is no person so authorized or if the person so authorized refuses or fails to file such a petition within thi…

Colo. Rev. Stat. § 28-5-207 Evidence of necessity for guardian of infant

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Where a petition is filed for the appointment of a guardian for a minor, a certificate of the administrator or his or her authorized representative setting forth the age of such minor as shown by the records of the veterans administration and the fact that the appointment of a gu…

Colo. Rev. Stat. § 28-5-208 Evidence of necessity for guardian for incompetent

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Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the administrator or his or her duly authorized representative that such person has been rated incompetent by the veterans administration on examination in accordance wit…

Colo. Rev. Stat. § 28-5-209 Notice of filing petition

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Upon the filing of a petition for the appointment of a guardian under this part 2, notice shall be given to the ward and to such other persons in such manner as is provided by the laws of this state, and also to the veterans administration as provided by this part 2. Source: L. 4…

Colo. Rev. Stat. § 28-5-210 Bond of guardian

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(1) Upon the appointment of a guardian, he or she shall execute and file a bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the ward during the ensuing year. The bond shall be in the form and be condi…

Colo. Rev. Stat. § 28-5-211 Accounts of securities - notices and hearings

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(1) Every guardian who has received or who shall receive on account of his or her ward any moneys or other thing of value from the veterans administration shall file with the court annually, on the anniversary date of the appointment, in addition to such other accounts as may be …

Colo. Rev. Stat. § 28-5-212 Penalty for failure to account

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If any guardian fails to file with the court any account as required by this part 2, or by an order of the court, when any account is due or within thirty days after citation issues as provided by law, or fails to furnish the veterans administration a true copy of any account, pe…

Colo. Rev. Stat. § 28-5-213 Compensation of guardians

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Compensation payable to guardians shall be based upon services rendered and shall not exceed five percent of the amount of income received during the period covered by the account; except that such percentage compensation shall not be allowed on the moneys or other assets receive…

Colo. Rev. Stat. § 28-5-214 Investments

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Every guardian shall invest the surplus funds of his or her ward's estate in such securities or property as authorized under the laws of this state, but only upon prior order of the court; except that the funds may be invested, without prior court authorization, in direct uncondi…

Colo. Rev. Stat. § 28-5-215 Maintenance and support

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A guardian shall not apply any portion of the income or the estate for the support or maintenance of any person other than the ward, except upon petition to and prior order of the court after a hearing. A signed duplicate or certified copy of said petition shall be furnished the …

Colo. Rev. Stat. § 28-5-216 Purchase of home for ward

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(1) The court may authorize the purchase of the entire fee simple title to real estate in this state in which the guardian has no interest, but only as a home for the ward, or to protect his or her interest, or as a home for his or her dependent family. Such purchase of real esta…

Colo. Rev. Stat. § 28-5-217 Copies of public records to be furnished

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When a copy of any public record is required by the veterans administration to be used in determining the eligibility of any person to participate in benefits made available by the veterans administration, the official custodian of such public record, without charge, shall provid…

Colo. Rev. Stat. § 28-5-218 Discharge of guardian - release of sureties

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A certificate by the veterans administration showing that a minor has attained majority or that an adult ward has been rated competent by the veterans administration upon examination made in accordance with the law shall be prima facie evidence that the minor has attained majorit…

Colo. Rev. Stat. § 28-5-219 Record not construed as legal adjudication

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Neither the fact that a person has been rated incompetent by the veterans administration nor the fact that a guardian has been appointed for a person under the provisions of this part 2 shall be construed as a legal adjudication of insanity or mental incompetency, unless such per…

Colo. Rev. Stat. § 28-5-220 Certification or commitment to veterans administration

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(1) When, in any proceeding under the laws of this state for the commitment or certification of a person alleged to have a mental health disorder or otherwise be in need of confinement in a hospital or other institution for his or her proper care, it is determined after such adju…

Colo. Rev. Stat. § 28-5-221 Liberal construction

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This part 2 shall be so construed to make uniform the law of those states which enact it. Source: L. 45: p. 660, § 20. CSA: C. 150, § 55 (20). CRS 53: § 143-3-20. C.R.S. 1963: § 144-3-20.

Colo. Rev. Stat. § 28-5-222 Repeal and modification of prior laws

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Except where inconsistent with this part 2, the laws of this state relating to guardian and ward and the judicial practice relating thereto shall be applicable to such beneficiaries and their estates. Source: L. 45: p. 660, § 23. CSA: C. 150, § 55 (22). CRS 53: § 143-3-22. C.R.S.…

Colo. Rev. Stat. § 28-5-223 Application

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The provisions of this part 2 relating to surety bonds and the administration of estates of wards shall apply to all "income" and "estate" as defined in section 28-5-202, whether the guardian has been appointed under this part 2 or under any other law of this state, special or ge…

Colo. Rev. Stat. § 28-5-301 Legal investments

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(1) It is lawful for any guardian or conservator of minor or incompetent beneficiaries of the veterans administration to invest the funds of the estate or trust or to permit such funds to remain invested in any of the following: (a) Bonds or other interest-bearing or noninterest-…

Colo. Rev. Stat. § 28-5-401 Loans to minor veterans

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(1) The disability of minority of any person otherwise eligible for guaranty or insurance of a loan pursuant to the "Servicemen's Readjustment Act of 1944", as amended, and of the minor spouse of any eligible veteran, irrespective of his or her age, in connection with any transac…

Colo. Rev. Stat. § 28-5-501 Short title

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This part 5 shall be known and may be cited as the "Interment of Deceased Veterans Act of 2002". Source: L. 2002: Entire part R&RE, p. 240, § 1, effective April 12.

Colo. Rev. Stat. § 28-5-502 Interment of deceased veterans

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(1) It is the duty of the county commissioners in each county of this state to designate some proper person in each county whose duty it is to cause the decent interment of the bodies of honorably discharged military personnel and discharged LGBT veterans: (a) (I) Who died withou…

Colo. Rev. Stat. § 28-5-503 Headstone to mark graves

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The county commissioners shall also see that headstones furnished by the veterans administration or furnished on behalf of the veterans described in section 28-5-502 shall be set at the expense of the county. Each county, by resolution of its board of county commissioners, shall …

Colo. Rev. Stat. § 28-5-504 County of residence

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If the expenses of burial and setting of headstones are paid by the county in which the deceased person is buried, but such deceased person resided in another county in this state at the time of death, the county of residence shall reimburse such expenses to the county wherein th…

Colo. Rev. Stat. § 28-5-505 Cemetery subdivision - state may acquire and maintain

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The state has authority to acquire, establish, maintain, and improve in any cemetery in the state a suitable subdivision to be used as a burial place for honorably discharged veterans and discharged LGBT veterans. Such subdivision must consist of lots, each of sufficient area to …

Colo. Rev. Stat. § 28-5-506 Care and custody of cemetery subdivision

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The care, custody, maintenance, improvement, management, and control of the subdivision referred to in section 28-5-505 may be vested by the state in the city, town, city and county, or county where the subdivision is established, but such vestment may also be delegated by the st…

Colo. Rev. Stat. § 28-5-507 Veterans service organization stipend - funeral services - process - definitions

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(1) As used in this section, unless the context otherwise requires: (a) "Congressionally chartered veterans service organization" means an organization that aids and serves veterans and service members and their dependents and survivors, has been granted a charter by the United S…

Colo. Rev. Stat. § 28-5-701 Division of veterans affairs - transfer of functions - terminology

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(1) There is created the division of veterans affairs in the department of military and veterans affairs, the head of which is the director of the division of veterans affairs who is appointed by the adjutant general acting in the adjutant general's capacity as the administrative…

Colo. Rev. Stat. § 28-5-702 Board of veterans affairs

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(1) The Colorado board of veterans affairs and its powers, duties, and functions are transferred from the department of human services to the department of military and veterans affairs. The board shall advise and consult with the division in the administration and enforcement of…

Colo. Rev. Stat. § 28-5-703 Rules - duties

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(1) (a) The board shall propose for adoption by the adjutant general such rules and regulations, not in conflict with this article or other laws, as it may deem necessary to govern the programs administered pursuant to this article. (b) Any rules adopted by the board of human ser…

Colo. Rev. Stat. § 28-5-704 Departments to cooperate

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(1) To effectuate the purpose of this article, the governor may direct any department, division, board, bureau, commission, or agency of the state, or any political subdivision thereof, to: (a) Cooperate with and assist and advise the division and the board in the performance of …

Colo. Rev. Stat. § 28-5-705 Duties

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(1) The division, in accordance with its rules, shall perform the following duties and functions: (a) (I) Formulate, establish, and administer a plan and standard procedures to further prompt and efficient service to all veterans in the state of Colorado on a uniform basis, wheth…

Colo. Rev. Stat. § 28-5-706 Contributions to division - veterans private contributions fund - created

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Any city, county, or political subdivision of the state or any association or individual may contribute funds, services, or facilities to the department, and the adjutant general may accept and use such funds, services, or facilities for the purpose or purposes intended by the co…

Colo. Rev. Stat. § 28-5-707 Assistance to county veterans service officers

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(1) (a) The division shall provide satisfactory monitoring, direction, and assistance to all county veterans service officers and shall provide services to the county veterans service officers as the division determines necessary. Out of any money appropriated by the general asse…

Colo. Rev. Stat. § 28-5-708 Western slope veterans' cemetery - fund - rules

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(1) (a) There is hereby established in the state treasury the western slope military veterans' cemetery fund, referred to in this section as the "fund". The division is authorized to accept and expend gifts, grants, contributions, and donations for the purposes of this section. T…

Colo. Rev. Stat. § 28-5-709 Colorado state veterans trust fund - created - report

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(1) (a) There is hereby created in the state treasury the Colorado state veterans trust fund, which consists of the moneys transferred thereto pursuant to subsection (2) of this section. In addition, the state treasurer may credit to the trust fund any public or private gifts, gr…

Colo. Rev. Stat. § 28-5-711 Veterans resource information clearinghouse

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(1) There is hereby created in the division of veterans affairs the veterans resource information clearinghouse to provide information concerning support, services, and other assistance available to veterans of the United States armed forces and their families from state and loca…

Colo. Rev. Stat. § 28-5-712 Veterans assistance grant program - created - rules - fund - repeal

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(1) There is hereby created in the division of veterans affairs the veterans assistance grant program, referred to in this section as the "program", to provide moneys to nonprofit organizations and governmental agencies that provide services to ensure the health and well-being of…

Colo. Rev. Stat. § 28-5-713 Western region one source - veterans one-stop center - advisory board - fund - definition - repeal

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(1) (a) The division of veterans affairs may operate a veterans one-stop center in Grand Junction, known as the "western region one source", for the purpose of providing a central and accessible location where veterans, service members, and their family members in the western por…

Colo. Rev. Stat. § 28-5-714 Veterans mental health services program - community behavioral health program grants - rules - definitions

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(1) As used in this section, unless the context otherwise requires: (a) "Armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard of the United States. (b) "Behavioral health administration" or "BHA" means the behavioral health administration in t…