Title 15, Probate, Trusts, and Fiduciaries

(1) As used in this section, unless the context otherwise requires: (a) "Grantor trust" means a trust as to which a settlor of a first trust is considered the owner under 26 U.S.C. secs. 671-677, as amended, or 26 U.S.C. sec. 679, as amended. (b) "Internal revenue code" means the…

(1) Subject to subsection (2) of this section, a second trust may have a duration that is the same as or different from the duration of the first trust. (2) To the extent that property of a second trust is attributable to property of the first trust, the property of the second tr…

An authorized fiduciary may exercise the decanting power regardless of whether under the first trust's discretionary distribution standard the fiduciary would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise. Sou…

(1) If exercise of the decanting power would be effective under this part 9 except that the second-trust instrument in part does not comply with this part 9, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust att…

(1) As used in this section, unless the context otherwise requires: (a) "Animal trust" means a trust or an interest in a trust created to provide for the care of one or more animals. (b) "Protector" means a person listed under section 15-11-901 (3)(d) with authority to enforce th…

A reference in this title 15 to a trust instrument or terms of the trust includes a second-trust instrument and the terms of the second trust. Source: L. 2016: Entire part added, (SB 16-085), ch. 228, p. 889, § 1, effective August 10.

(1) For purposes of law of this state other than this part 9, and subject to subsection (2) of this section, a settlor of a first trust is deemed to be the settlor of the second trust with respect to the portion of the principal of the first trust subject to the exercise of the d…

(1) Except as otherwise provided in subsection (3) of this section, if exercise of the decanting power was intended to distribute all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust and property paid to or acqu…

A debt, liability, or other obligation enforceable against property of a first trust is enforceable to the same extent against the property when held by the second trust after exercise of the decanting power. Source: L. 2016: Entire part added, (SB 16-085), ch. 228, p. 889, § 1, …

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. 2016: Entire part added, (SB 16-085), ch. 228, p. 890, § 1, effective August 10.

This part 9 modifies, limits, or 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 (c) of that act, 15 U.S.C. sec. 7001 (c), or authorize electronic delivery of any of the …

If any provision of this part 9 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part 9 which can be given effect without the invalid provision or application, and to this end the provisions …

(1) This code takes effect on July 1, 1974. (2) Except as provided elsewhere in this code, including but not limited to sections 15-11-601, 15-11-701, 15-11-1106, and 15-17-103, on the effective date of this code or of any amendment to this code: (a) The code or the amendment app…

(1) Parts 1 to 4 of article 14 of this title, as repealed and reenacted effective January 1, 2001, shall apply to any and all estates, trusts, or protective proceedings whether created or filed prior to or on or after said date. (2) In circumstances where the terms of an instrume…

This article shall be known and may be cited as the "Colorado Medical Treatment Decision Act". Source: L. 2010: Entire article R&RE, (HB 10-1025), ch. 113, p. 375, § 1, effective August 11.

(1) The general assembly hereby finds, determines, and declares that: (a) Colorado law has traditionally recognized the right of an adult to accept or reject medical or surgical treatment; (b) Recent advances in medical science have made it possible to prolong the dying process t…

As used in this article 18, unless the context otherwise requires: (1) "Adult" means any person eighteen years of age or older. (2) "Advanced practice registered nurse" means a nurse who is included in the advanced practice registry pursuant to section 12-255-111. (3) "Artificial…

(1) Any adult with decisional capacity may execute a declaration directing that life-sustaining procedures be withheld or withdrawn if, at some future time, he or she has a terminal condition or is in a persistent vegetative state, and lacks decisional capacity to accept or rejec…

(1) In the event that the declarant is physically unable to sign the declaration, it may be signed by some other person in the declarant's presence and at the declarant's direction. The other person shall not be: (a) The attending physician or any other physician; (b) An employee…

(1) Except as otherwise provided in section 15-18-105, a declaration must be: (a) Signed by the declarant in the presence of two witnesses; or (b) Signed by the declarant and acknowledged before a notary public or other individual authorized by law to take acknowledgments, unless…

In the event that an attending physician is presented with an unrevoked declaration executed by a declarant whom the physician believes has a terminal condition or is in a persistent vegetative state, and lacks decisional capacity to accept or reject medical or surgical treatment…

(1) Any person who is the parent, adult child, spouse, designated beneficiary under the "Colorado Designated Beneficiary Agreement Act", article 22 of this title, or attorney-in-fact under a durable power of attorney of the qualified patient may challenge the validity of a declar…

A declaration may be revoked by the declarant orally, in writing, or by burning, tearing, canceling, obliterating, or destroying said declaration. Source: L. 2010: Entire article R&RE, (HB 10-1025), ch. 113, p. 381, § 1, effective August 11.

(1) With respect to any declaration that appears on its face to have been executed in accordance with the requirements of this article: (a) Any physician or advanced practice registered nurse may act in compliance with such declaration in the absence of actual notice of revocatio…

The withholding or withdrawal of life-sustaining procedures from a qualified patient pursuant to this article shall not, for any purpose, constitute a suicide or a homicide. The existence of a declaration shall not affect, impair, or modify any contract of life insurance or annui…

(1) Nothing in this article shall be construed as altering or amending the standards of the practice of medicine or nursing or establishing any presumption, absent a valid declaration, nor as condoning, authorizing, or approving euthanasia or mercy killing, nor as permitting any …

(1) A person who willfully conceals, defaces, damages, or destroys a declaration of another person, without the knowledge and consent of the declarant, commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501. (2) A person who falsifies or forges a de…

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.

(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…

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…

(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…

(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…

(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 …

(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…

(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…

(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…

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 …

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.

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.

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…

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.

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…

(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 …

(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…

(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 …

(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…