Title 15, Probate, Trusts, and Fiduciaries
0 chapters · 926 sections in this title.
Colo. Rev. Stat. § 15-14-412.5 Limited court-approved arrangements authorized for persons seeking medical assistance for nursing home care - applicable to trusts established before a certain date
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(1) The general assembly hereby finds, determines, and declares that: (a) The state makes significant expenditures for nursing home care under the “Colorado Medical Assistance Act”; (b) A large number of persons do not have enough income to afford nursing home care, but have too …
Colo. Rev. Stat. § 15-14-412.6 Trust established by an individual - eligibility for certain public assistance programs - general provisions
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(1) For purposes of this section and sections 15-14-412.7 to 15-14-412.9, unless the context otherwise requires the following definitions apply: (a) “Asset” has the same meaning as set forth in Title XIX of the federal “Social Security Act”, 42 U.S.C. sec. 1396p (e), as amended. …
Colo. Rev. Stat. § 15-14-412.7 Income trusts - limitations
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(1) An income trust within the meaning of this section is a trust established for the benefit of an individual that consists only of pension income, social security, and other monthly income to the individual and accumulated income in the trust and that is established for the pur…
Colo. Rev. Stat. § 15-14-412.8 Disability trusts - limitations
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(1) A disability trust within the meaning of this section is a trust that is established for an individual under sixty-five years of age who is disabled, as such term is defined in Title XIX of the federal Social Security Act, 42 U.S.C. sec. 1382c (a)(3), as amended, consists of …
Colo. Rev. Stat. § 15-14-412.9 Pooled trusts - limitations
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(1) A pooled trust within the meaning of this section is a trust consisting of individual accounts established for individuals who are disabled and is established for the purpose or with the effect of establishing or maintaining a person's resource eligibility for medical assista…
Colo. Rev. Stat. § 15-14-413 Who may be conservator - priorities - prohibition of dual roles
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(1) Except as otherwise provided in subsection (4) of this section, the court, in appointing a conservator, shall consider persons otherwise qualified in the following order of priority: (a) A conservator, guardian of the estate, or other like fiduciary appointed or recognized by…
Colo. Rev. Stat. § 15-14-414 Petition for order subsequent to appointment
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(1) A protected person or a person interested in the welfare of a protected person may file a petition in the appointing court for an order: (a) Requiring bond or collateral or additional bond or collateral, or reducing bond or collateral; (b) Requiring an accounting for the admi…
Colo. Rev. Stat. § 15-14-415 Bond
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Unless the court makes specific findings as to the reasons a bond is not required in the present case, the court shall require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the conservatorship according to law, with sureties as it may specif…
Colo. Rev. Stat. § 15-14-416 Terms and requirements of bond
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(1) The following rules apply to any bond required: (a) Except as otherwise provided by the terms of the bond, sureties and the conservator are jointly and severally liable. (b) By executing the bond of a conservator, a surety submits to the jurisdiction of the court that issued …
Colo. Rev. Stat. § 15-14-417 Compensation, fees, costs, and expenses of administration - expenses. (Repealed)
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C.R.S. 15-14-417Statutes 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. § 15-14-418 General duties of conservator - financial plan
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(1) A conservator, in relation to powers conferred by this part 4 or implicit in the title acquired by virtue of the proceeding, is a fiduciary and shall observe the standards of care applicable to a trustee. (2) A conservator shall take into account the limitations of the protec…
Colo. Rev. Stat. § 15-14-419 Inventory
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(1) Within a time set by the court, but no later than ninety days after appointment, a conservator shall prepare and file with the appointing court a detailed inventory of the estate subject to the conservatorship, together with an oath or affirmation that the inventory is believ…
Colo. Rev. Stat. § 15-14-420 Reports - appointment of monitor - monitoring - records - court access to records
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(1) A conservator shall report to the court about the administration of the estate annually unless the court otherwise directs. Upon filing a petition or motion and after notice, a conservator shall be entitled to a hearing to settle all matters covered in an intermediate or fina…
Colo. Rev. Stat. § 15-14-421 Title by appointment
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(1) Except as limited in the appointing order, the appointment of a conservator vests title in the conservator as trustee to all property of the protected person, or to the part thereof specified in the order, held at the time of appointment or thereafter acquired, including titl…
Colo. Rev. Stat. § 15-14-422 Protected person's interest inalienable
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(1) Except as otherwise provided in subsections (3) and (4) of this section, the interest of a protected person in property vested in a conservator is not transferable or assignable by the protected person. An attempted transfer or assignment by the protected person, although ine…
Colo. Rev. Stat. § 15-14-423 Sale, encumbrance, or other transaction involving conflict of interest
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Any transaction involving the conservatorship estate that is affected by a substantial conflict between the conservator ‘s fiduciary and personal interests is voidable unless the transaction is expressly authorized by the court after notice to interested persons. A transaction af…
Colo. Rev. Stat. § 15-14-424 Protection of person dealing with conservator
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(1) A person who assists or deals with a conservator in good faith and for value in any transaction other than one requiring a court order under section 15-14-410 or 15-14-411 is protected as though the conservator properly exercised the power. That a person knowingly deals with …
Colo. Rev. Stat. § 15-14-425 Powers of conservator in administration
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(1) Except as otherwise qualified or limited by the court in its order of appointment and endorsed on the letters, a conservator has all of the powers granted in this section and any additional powers granted by law to a trustee in this state. (2) A conservator, acting reasonably…
Colo. Rev. Stat. § 15-14-425.5 Authority to petition for dissolution of marriage or legal separation
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(1) The conservator may petition the court for authority to commence and maintain an action for dissolution of marriage or legal separation on behalf of the protected person. The court may grant such authority only if satisfied, after notice and hearing, that: (a) It is in the be…
Colo. Rev. Stat. § 15-14-426 Delegation
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(1) A conservator may not delegate to an agent or another conservator the entire administration of the estate, but a conservator may otherwise delegate the performance of functions that a prudent trustee of comparable skills may delegate under similar circumstances. (2) The conse…
Colo. Rev. Stat. § 15-14-427 Principles of distribution by conservator
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(1) Unless otherwise specified in the order of appointment and endorsed on the letters of appointment or contrary to the financial plan filed pursuant to section 15-14-418, a conservator may expend or distribute income or principal of the estate of the protected person without fu…
Colo. Rev. Stat. § 15-14-428 Death of protected person
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(1) If a protected person dies, the conservator shall deliver to the court for safekeeping any will of the protected person that is in the conservator's possession or control, inform the personal representative or devisees named in the will of the delivery, and retain the estate …
Colo. Rev. Stat. § 15-14-429 Presentation and allowance of claims
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(1) A conservator may pay, or secure by encumbering assets of the estate, claims against the estate or against the protected person arising before or during the conservatorship upon their presentation and allowance in accordance with the priorities stated in subsection (4) of thi…
Colo. Rev. Stat. § 15-14-430 Personal liability of conservator
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(1) Except as otherwise provided in the contract, a conservator is not personally liable on a contract properly entered into in a fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal in the contract the representative capacity an…
Colo. Rev. Stat. § 15-14-431 Termination of proceedings
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(1) A conservatorship terminates upon the death of the protected person or upon order of the court determining that a conservatorship is no longer necessary or needed to protect the assets of the protected person. Unless created for reasons other than that the protected person is…
Colo. Rev. Stat. § 15-14-432 Payment of debt and delivery of property to foreign conservator without local proceeding
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(1) A person who is indebted to or has the possession of tangible or intangible property of a protected person may pay the debt or deliver the property to a foreign conservator, guardian of the estate, or other court-appointed fiduciary of the state of residence of the protected …
Colo. Rev. Stat. § 15-14-433 Foreign conservator - proof of authority - bond - powers
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If a conservator has not been appointed in this state and a petition in a protective proceeding is not pending in this state, a conservator appointed in the state in which the protected person resides may file in a district or probate court of this state, in a county in which pro…
Colo. Rev. Stat. § 15-14-434 Right to a lawyer post-adjudication
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(1) An adult protected person has the right post-adjudication to be represented by a lawyer of the protected person's choosing at the expense of the protected person's estate unless the court finds by clear and convincing evidence that the protected person lacks sufficient capaci…
Colo. Rev. Stat. § 15-14-500.3 Legislative declaration
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(1) The general assembly hereby recognizes that each adult individual has the right as a principal to appoint an agent to deal with property or make personal decisions for the individual, but that this right cannot be fully effective unless the principal may empower the agent to …
Colo. Rev. Stat. § 15-14-500.5 Definitions - excluded powers
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(1) (a) For purposes of sections 15-14-501 and 15-14-502, power of attorney means a power to make health-care decisions granted by an individual. (b) For purposes of section 15-14-502, power of attorney also includes a power or delegation that is: (I) Excluded from the applicatio…
Colo. Rev. Stat. § 15-14-501 When power of attorney not affected by disability
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(1) Whenever a principal designates another his attorney-in-fact or agent by a power of attorney in writing and the writing contains the words This power of attorney shall not be affected by disability of the principal. or This power of attorney shall become effective upon the di…
Colo. Rev. Stat. § 15-14-502 Other powers of attorney not revoked until notice of death or disability
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(1) The death, disability, or incompetence of any principal who has executed a power of attorney in writing, other than a power as described by section 15-14-501, does not revoke or terminate the agency as to the attorney-in-fact, agent, or other person who, without actual knowle…
Colo. Rev. Stat. § 15-14-503 Short title
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Sections 15-14-503 to 15-14-509 shall be known and may be cited as the Colorado Patient Autonomy Act. Source: L. 92: Entire section added, p. 1979, � 2, effective June 4.
Colo. Rev. Stat. § 15-14-504 Legislative declaration - construction of statute
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(1) The general assembly hereby finds, determines, and declares that: (a) Colorado law recognizes the right of an adult to accept or reject medical treatment and artificial nourishment and hydration; (b) Each adult has the right to establish, in advance of the need for medical tr…
Colo. Rev. Stat. § 15-14-505 Definitions
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As used in sections 15-14-503 to 15-14-509, unless the context otherwise requires: (1) Adult means any person eighteen years of age or older. (2) Advance medical directive means any written instructions concerning the making of medical treatment decisions on behalf of the person …
Colo. Rev. Stat. § 15-14-506 Medical durable power of attorney
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(1) The authority of an agent to act on behalf of the principal in consenting to or refusing medical treatment, including artificial nourishment and hydration, may be set forth in a medical durable power of attorney. A medical durable power of attorney may include any directive, …
Colo. Rev. Stat. § 15-14-507 Transfer of principal
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(1) A health-care provider or health-care facility shall provide notice to a principal and an agent of any policies based on moral convictions or religious beliefs of the health-care provider or health-care facility relative to the withholding or withdrawal of medical treatment. …
Colo. Rev. Stat. § 15-14-508 Immunities
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(1) An agent or proxy-decision maker, as established in article 18.5 of this title, who acts in good faith in making medical treatment decisions on behalf of a principal pursuant to the terms of a medical durable power of attorney shall not be subject to civil or criminal liabili…
Colo. Rev. Stat. § 15-14-509 Interstate effect of medical durable power of attorney
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(1) Unless otherwise stated in a medical durable power of attorney, it shall be presumed that the principal intends to have a medical durable power of attorney executed pursuant to this part 5 recognized to the fullest extent possible by the courts of any other state. (2) Unless …
Colo. Rev. Stat. § 15-14-601 Legislative declaration. (Repealed)
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Source: L. 94: Entire part added, p. 1068, � 1, effective January 1, 1995. L. 2009: Entire section repealed, (HB 09-1198), ch. 106, p. 427, � 19, effective January 1, 2010. Editor's note: The provisions of this section were relocated to � 15-14-500.3.
Colo. Rev. Stat. § 15-14-602 Definitions
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As used in this part 6: (1) Agency means the relationship between the principal and the principal's agent. (2) Agency instrument means the written power of attorney or other written instrument of agency governing the relationship between the principal and agent. An agency is subj…
Colo. Rev. Stat. § 15-14-603 Applicability
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(1) (a) The principal may specify in the agency instrument: (I) The event upon which or time when the agency begins and terminates; (II) The mode of revocation or amendment of the agency instrument; and (III) The rights, powers, duties, limitations, immunities, and other terms ap…
Colo. Rev. Stat. § 15-14-604 Duration of agency - amendment and revocation - resignation of agent
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(1) (Deleted by amendment, L. 2009, (HB 09-1198), ch. 106, p. 422, § 9, effective January 1, 2010.) (2) Any agency created by an agency instrument continues until the principal ceased to exist, regardless of the length of time that elapses, unless the agency instrument states an …
Colo. Rev. Stat. § 15-14-605 Dissolution of marriage. (Repealed)
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Source: L. 94: Entire part added, p. 1072, � 1, effective January 1, 1995. L. 2009: Entire section repealed, (HB 09-1198), ch. 106, p. 424, � 14, effective January 1, 2010.
Colo. Rev. Stat. § 15-14-606 Duty - standard of care - record keeping - exoneration
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Unless otherwise agreed by the principal and agent in the agency instrument, an agent is under no duty to exercise the powers granted by the agency or to assume control of or responsibility for any of the principal's property or affairs. Whenever the agent exercises the powers gr…
Colo. Rev. Stat. § 15-14-607 Reliance on an agency instrument
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(1) (a) Any third party who acts in good-faith reliance on an agency instrument that is duly notarized shall be fully protected and released to the same extent as if such third party dealt directly with the principal as a fully competent person. Upon demand of any third party, th…
Colo. Rev. Stat. § 15-14-608 Preservation of estate plan and trusts. (Repealed)
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Source: L. 94: Entire part added, p. 1073, � 1, effective January 1, 1995. L. 2009: Entire section repealed, (HB 09-1198), ch. 106, p. 424, � 15, effective January 1, 2010.
Colo. Rev. Stat. § 15-14-609 Agency - court relationship. (Repealed)
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Source: L. 94: Entire part added, p. 1074, � 1, effective January 1, 1995. L. 2009: Entire section repealed, (HB 09-1198), ch. 106, p. 425, � 16, effective January 1, 2010. 15-14-610. Statutory form agent's affidavit regarding power of attorney. (Repealed) Source: L. 94: Entire p…
Colo. Rev. Stat. § 15-14-610 Statutory form agent ‘s affidavit regarding power of attorney. (Repealed)
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C.R.S. 15-14-610Statutes 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. § 15-14-611 Applicability of part
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This part 6 does not in any way invalidate any agency or power of attorney executed or any act of any agent, guardian, or conservator done or affect any claim, right, or remedy that accrued prior to January 1, 1995. Source: L. 94: Entire part added, p. 1076, � 1, effective Januar…