Title 15, Probate, Trusts, and Fiduciaries
0 chapters · 926 sections in this title.
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). 15-14-118. Small estate - person under dis…
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 thereto…
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-on…
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. § 15-14-302 (Reserved)
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C.R.S. 15-14-302Statutes current through Chapter 65 of the 2026 Regular Session, effective as of April 20, 2026. The text of this section is not final. It will not be final until compared to, and updated from, the text provided by the Colorado Office of Legislative Legal Services…
Colo. Rev. Stat. § 15-14-303 (Reserved)
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C.R.S. 15-14-303Statutes current through Chapter 65 of the 2026 Regular Session, effective as of April 20, 2026. The text of this section is not final. It will not be final until compared to, and updated from, the text provided by the Colorado Office of Legislative Legal Services…
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. § 15-14-307 (Reserved)
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C.R.S. 15-14-307Statutes current through Chapter 65 of the 2026 Regular Session, effective as of April 20, 2026. The text of this section is not final. It will not be final until compared to, and updated from, the text provided by the Colorado Office of Legislative Legal Services…
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…
Colo. Rev. Stat. § 15-14-401 Protective proceeding
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(1) Upon petition and after notice and hearing, the court may appoint a limited or unlimited conservator or make any other protective order provided in this part 4 in relation to the estate and affairs of: (a) A minor, if the court determines that the minor owns money or property…
Colo. Rev. Stat. § 15-14-402 Jurisdiction over business affairs of protected person
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(1) After the service of notice in a proceeding seeking a conservatorship or other protective order and until termination of the proceeding, the court in which the petition is filed has: (a) Exclusive jurisdiction to determine the need for a conservatorship or other protective or…
Colo. Rev. Stat. § 15-14-403 Original petition for appointment or protective order
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(1) The following may petition for the appointment of a conservator or for any other appropriate protective order: (a) The person to be protected; (b) An individual interested in the estate, affairs, or welfare of the person to be protected, including a parent, guardian, or custo…
Colo. Rev. Stat. § 15-14-404 Notice
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(1) A copy of the petition and the notice of hearing on a petition for conservatorship or other protective order must be served personally on the respondent, if the respondent has attained twelve years of age, but if the respondent's whereabouts are unknown or personal service ca…
Colo. Rev. Stat. § 15-14-405 Original petition - minors - preliminaries to hearing
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(1) Upon the filing of a petition to establish a conservatorship or for another protective order for the reason that the respondent is a minor, the court shall set a date for hearing. If the court determines at any stage of the proceeding that the interests of the minor are or ma…
Colo. Rev. Stat. § 15-14-406 Original petition - persons under disability - preliminaries to hearing
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(1) Upon the filing of a petition for a conservatorship or other protective order for a respondent for reasons other than being a minor, the court shall set a date for hearing. The court shall appoint a visitor unless the petition does not request the appointment of a conservator…
Colo. Rev. Stat. § 15-14-406.5 Professional evaluation
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(1) At or before a hearing under this part 4, 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. § 15-14-407 (Reserved)
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C.R.S. 15-14-407Statutes current through Chapter 65 of the 2026 Regular Session, effective as of April 20, 2026. The text of this section is not final. It will not be final until compared to, and updated from, the text provided by the Colorado Office of Legislative Legal Services…
Colo. Rev. Stat. § 15-14-408 Original petition - procedure at hearing
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(1) Unless excused by the court for good cause, a proposed conservator 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, inclu…
Colo. Rev. Stat. § 15-14-409 Original petition - orders
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(1) If a proceeding is brought for the reason that the respondent is a minor, after a hearing on the petition, upon finding that the appointment of a conservator or other protective order is in the best interest of the minor, the court shall make an appointment or other appropria…
Colo. Rev. Stat. § 15-14-410 Powers of court
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(1) After hearing and upon determining that a basis for a conservatorship or other protective order exists, the court has the following powers, which may be exercised directly or through a conservator: (a) With respect to a minor for reasons of age, all the powers over the estate…
Colo. Rev. Stat. § 15-14-411 Required court approval
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(1) After notice to interested persons and upon express authorization of the court, a conservator may: (a) Make gifts, except as otherwise provided in section 15-14-427 (2); (b) Convey, release, or disclaim contingent and expectant interests in property, including marital propert…
Colo. Rev. Stat. § 15-14-412 Protective arrangements and single transactions
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(1) If a basis is established for a protective order with respect to an individual, the court, without appointing a conservator, may: (a) Authorize, direct, or ratify any transaction necessary or desirable to achieve any arrangement for security, service, or care meeting the fore…