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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

1,078 sections·Filtered byTitle 15✕

Colo. Rev. Stat. § 15-2.5-205 Rules of classification - definitions
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(1) In this section, "adverse party" means a person with a substantial beneficial interest in property, which interest would be affected adversely by a powerholder's exercise or nonexercise of a power of appointment in favor of the powerholder, the powerholder's estate, a credito…
Colo. Rev. Stat. § 15-2.5-206 Power of the donor to revoke or amend
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(1) A donor may revoke or amend a power of appointment only to the extent that: (a) The instrument creating the power is revocable by the donor; or (b) The donor reserves a power of revocation or amendment in the instrument creating the power of appointment. Source: L. 2014: Enti…
Colo. Rev. Stat. § 15-2.5-301 Requisites for exercise of power of appointment
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(1) A power of appointment may be exercised only: (a) If the instrument exercising the power is valid under applicable law; (b) If the terms of the instrument exercising the power: (I) Manifest the powerholder's intent to exercise the power; and (II) Subject to section 15-2.5-304…
Colo. Rev. Stat. § 15-2.5-302 Intent to exercise - determining intent from residuary clause

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(1) In this section: (a) "Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause. (b) "Will" includes a codicil and a testamentary instrument that revises another will. (2) A residuary clause in a powerholder's wil…

Colo. Rev. Stat. § 15-2.5-303 Intent to exercise - after-acquired power

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(1) Unless the terms of the instrument exercising a power of appointment manifest a contrary intent: (a) Except as otherwise provided in paragraph (b) of this subsection (1), a blanket-exercise clause extends to a power acquired by the powerholder after executing the instrument c…

Colo. Rev. Stat. § 15-2.5-304 Substantial compliance with donor-imposed formal requirement

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(1) A powerholder's substantial compliance with a formal requirement of appointment imposed by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if: (a) The powerholder knows…

Colo. Rev. Stat. § 15-2.5-305 Permissible appointment

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(1) A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholder's estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powe…

Colo. Rev. Stat. § 15-2.5-306 Appointment to deceased appointee or permissible appointee's descendant

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(1) An appointment to a deceased appointee is ineffective. (2) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, a powerholder of a nongeneral power may exercise the power in favor of, or create a new power of appointment in, a descend…

Colo. Rev. Stat. § 15-2.5-307 Impermissible appointment

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(1) Except as otherwise provided in section 15-2.5-306, an exercise of a power of appointment in favor of an impermissible appointee is ineffective. (2) An exercise of a power of appointment in favor of a permissible appointee is ineffective to the extent the appointment is a fra…

Colo. Rev. Stat. § 15-2.5-308 Selective allocation doctrine

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If a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned property and the appointive property must be allocated in the permissible manner that best carries out the powerholder's intent. Source: L. 2014: Enti…

Colo. Rev. Stat. § 15-2.5-309 Capture doctrine - disposition of ineffectively appointed property under general power

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(1) To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment: (a) The gift-in-default clause controls the disposition of the ineffectively appointed property; or (b) If …

Colo. Rev. Stat. § 15-2.5-310 Disposition of unappointed property under released or unexercised general power

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(1) To the extent a powerholder releases or fails to exercise a general power of appointment other than a power to withdraw property from, revoke, or amend a trust: (a) The gift-in-default clause controls the disposition of the unappointed property; or (b) If there is no gift-in-…

Colo. Rev. Stat. § 15-2.5-311 Disposition of unappointed property under released or unexercised nongeneral power

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(1) To the extent a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment: (a) The gift-in-default clause controls the disposition of the unappointed property; or (b) If there is no gift-in-default clause, or to the extent the claus…

Colo. Rev. Stat. § 15-2.5-312 Disposition of unappointed property if partial appointment to taker in default

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Unless the terms of the instrument creating or exercising a power of appointment manifest a contrary intent, if the powerholder makes a valid partial appointment to a taker in default of appointment, the taker in default of appointment may share fully in unappointed property. Sou…

Colo. Rev. Stat. § 15-2.5-313 Appointment to taker in default

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If a powerholder makes an appointment to a taker in default of appointment and the appointee would have taken the property under a gift-in-default clause had the property not been appointed, the power of appointment is deemed not to have been exercised and the appointee takes the…

Colo. Rev. Stat. § 15-2.5-314 Powerholder's authority to revoke or amend exercise

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(1) A powerholder may revoke or amend an exercise of a power of appointment only to the extent that: (a) The powerholder reserves a power of revocation or amendment in the instrument exercising the power of appointment and, if the power is nongeneral, the terms of the instrument …

Colo. Rev. Stat. § 15-2.5-401 Disclaimer

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(1) Subject to the "Uniform Disclaimer of Property Interests Act", part 12 of article 11 of this title: (a) A powerholder may disclaim all or part of a power of appointment; and (b) A permissible appointee, appointee, or taker in default of appointment may disclaim all or part of…

Colo. Rev. Stat. § 15-2.5-402 Authority to release

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A powerholder may release a power of appointment, in whole or in part, except to the extent the terms of the instrument creating the power prevent the release. Source: L. 2014: Entire article added, (HB 14-1353), ch. 209, p. 780, § 1, effective July 1, 2015. OFFICIAL COMMENT Whet…

Colo. Rev. Stat. § 15-2.5-403 Method of release

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(1) A powerholder of a releasable power of appointment may release the power in whole or in part: (a) By substantial compliance with a method provided in the terms of the instrument creating the power; or (b) If the terms of the instrument creating the power do not provide a meth…

Colo. Rev. Stat. § 15-2.5-404 Revocation or amendment of release

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(1) A powerholder may revoke or amend a release of a power of appointment only to the extent that: (a) The instrument of release is revocable by the powerholder; or (b) The powerholder reserves a power of revocation or amendment in the instrument of release. Source: L. 2014: Enti…

Colo. Rev. Stat. § 15-2.5-405 Power to contract - presently exercisable power of appointment

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(1) A powerholder of a presently exercisable power of appointment may contract: (a) Not to exercise the power if the contract, when made, does not confer a benefit on a person other than a taker in default or a permissible appointee; or (b) To exercise the power if the contract, …

Colo. Rev. Stat. § 15-2.5-406 Power to contract - power of appointment not presently exercisable

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(1) A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the powerholder: (a) Is also the donor of the power; and (b) Has reserved the power in the instrument creating the power. Source: L. 2014: E…

Colo. Rev. Stat. § 15-2.5-601 Uniformity of application and construction

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In applying and construing this article, 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. 2014: Entire article added, (HB 14-1353), ch. 209, p. 781, § 1, effective July 1, 2015.

Colo. Rev. Stat. § 15-2.5-602 Relation to electronic signatures in global and national commerce act

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

Colo. Rev. Stat. § 15-2.5-603 Application to existing relationships

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(1) Except as otherwise provided in this article, on July 1, 2015, or on the effective date of any amendment to this article: (a) This article or any amendment to this article applies to a power of appointment created before, on, or after July 1, 2015, or any amendment to this ar…

Colo. Rev. Stat. § 15-14.5-101 Short title

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This article may be cited as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act". Source: L. 2008: Entire article added, p. 787, § 1, effective May 14.

Colo. Rev. Stat. § 15-14.5-102 Definitions

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In this article: (1) "Adult" means an individual who has attained eighteen years of age. (2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under section 15-14-401. (3) "Guardian" means a person appointed b…

Colo. Rev. Stat. § 15-14.5-103 International application of article

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A court of this state may treat a foreign country as if it were a state for the purpose of applying this part 1 and parts 2, 3, and 5 of this article. Source: L. 2008: Entire article added, p. 788, § 1, effective May 14.

Colo. Rev. Stat. § 15-14.5-104 Communication between courts

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(1) A court of this state may communicate with a court in another state concerning a proceeding arising under this article. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (2) of this section, the court shall make a …

Colo. Rev. Stat. § 15-14.5-105 Cooperation between courts

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(1) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (a) Hold an evidentiary hearing; (b) Order a person in that state to produce evidence or give testimony pursuant to p…

Colo. Rev. Stat. § 15-14.5-106 Taking testimony in another state

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(1) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its…

Colo. Rev. Stat. § 15-14.5-201 Definitions - significant connection factors

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(1) In this part 2: (a) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the responden…

Colo. Rev. Stat. § 15-14.5-202 Exclusive basis

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This part 2 provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult. Source: L. 2008: Entire article added, p. 790, § 1, effective May 14.

Colo. Rev. Stat. § 15-14.5-203 Jurisdiction

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(1) A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (a) This state is the respondent's home state; (b) On the date the petition is filed, this state is a significant-connection state and: (I) The respondent does not ha…

Colo. Rev. Stat. § 15-14.5-204 Special jurisdiction

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(1) A court of this state lacking jurisdiction under section 15-14.5-203 has special jurisdiction to do any of the following: (a) Appoint a guardian in an emergency for a term not exceeding sixty days for a respondent who is physically present in this state; (b) Issue a protectiv…

Colo. Rev. Stat. § 15-14.5-205 Exclusive and continuing jurisdiction

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Except as otherwise provided in section 15-14.5-204, a court that has appointed a guardian or issued a protective order consistent with this article has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expir…

Colo. Rev. Stat. § 15-14.5-206 Appropriate forum

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(1) A court of this state having jurisdiction under section 15-14.5-203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (2) If a court of this state …

Colo. Rev. Stat. § 15-14.5-207 Jurisdiction declined by reason of conduct

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(1) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (a) Decline to exercise jurisdiction; (b) Exercise jurisdiction for the limited purpose of fashioni…

Colo. Rev. Stat. § 15-14.5-208 Notice of proceeding

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If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the pet…

Colo. Rev. Stat. § 15-14.5-209 Proceedings in more than one state

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(1) Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under section 15-14.5-204 (1)(a) or (1)(b), if a petition for the appointment of a guardian or issuance of a protective order is…

Colo. Rev. Stat. § 15-14.5-301 Transfer of guardianship or conservatorship to another state

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(1) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (2) Notice of a petition under subsection (1) of this section must be given to the persons that would be entitled to notice of a petition…

Colo. Rev. Stat. § 15-14.5-302 Accepting guardianship or conservatorship transferred from another state

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(1) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to section 15-14.5-301, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a cer…

Colo. Rev. Stat. § 15-14.5-401 Registration of guardianship orders

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If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in…

Colo. Rev. Stat. § 15-14.5-402 Registration of protective orders

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If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this s…

Colo. Rev. Stat. § 15-14.5-403 Effect of registration

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(1) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceeding…

Colo. Rev. Stat. § 15-14.5-501 Uniformity of application and construction

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In applying and construing this article, 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. 2008: Entire article added, p. 797, § 1, effective May 14.

Colo. Rev. Stat. § 15-14.5-502 Relation to electronic signatures in global and national commerce act

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This article modifies, limits, and supersedes the federal "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 (c) of that act, 15 U.S.C. sec. 7001 (c), or authorize electronic delivery of …

Colo. Rev. Stat. § 15-14.5-503 Transitional provision

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(1) This article applies to guardianship and protective proceedings begun on or after May 14, 2008. (2) Parts 1, 3, and 4 of this article and sections 15-14.5-501 and 15-14.5-502 apply to proceedings begun before May 14, 2008, regardless of whether a guardianship or protective or…

Colo. Rev. Stat. § 15-18.5-101 Legislative declaration - construction of statute

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(1) The general assembly hereby finds, determines, and declares that: (a) All adult persons have a fundamental right to make their own medical treatment and health-care benefit decisions, including decisions regarding medical treatment, artificial nourishment and hydration, and p…

Colo. Rev. Stat. § 15-18.5-102 Definitions applicable to medical durable power of attorney - applicability

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(1) The definitions set forth in section 15-14-505 shall apply to the provisions of this article. (2) The provisions of sections 15-14-506 to 15-14-509 shall apply to this article. In addition, proxy decision-makers, surrogate decision-makers for health-care benefits, health-care…