Guardianship for Incapacitated Adults

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0573.01 Chelsea Princell x4335 HOUSE BILL 26-1100
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
CONCERNING UPDATES TO GUARDIANSHIP FOR INCAPACITATED101
ADULTS.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill repeals provisions related to the guardianship of an
incapacitated person and enacts provisions related to the guardianship of
an incapacitated person drafted by the uniform law commission as part of
the "Uniform Guardianship and Protective Proceedings Act".
The bill provides guidance for guardians and clarifies how
appointees must make decisions on behalf of a person under
HOUSE SPONSORSHIP
Stewart R. and Espenoza,
SENATE SPONSORSHIP
Snyder,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
guardianship.
The bill encourages the use of protective arrangements and less
restrictive alternatives instead of guardianship if a person's needs can be
met with support services and technology.
The bill establishes a bill of rights for adults subject to
guardianship and expands the procedural rights for respondents in
guardianship proceedings.
The bill provides for visitation and communication rights for
individuals subject to guardianship or conservatorship. This includes a
limitation on a guardian's ability to prevent communication, visitation, or
interactions between a person subject to guardianship and a third party.
The bill prohibits courts from establishing full guardianship if a
limited guardianship would meet the respondent's needs, requires a
petitioner seeking full guardianship to provide support to justify full
guardianship, and requires courts to provide findings to support the
imposition of full guardianship.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 15-14-102, amend2
the introductory portion, (1), (4), (7.5), and (10.5); and add (1.3), (1.5),3
(3.5), (4.5), (6.5), (7.3), (11.5), and (11.7) as follows:4
15-14-102. Definitions.5
In parts 1 to 4 AND PART 9 of this article 14:6
(1) "Claim", with respect to a protected person, includes a claim7
against an individual, whether arising in contract, tort, or otherwise, and8
a claim against an estate which arises at or after the appointment of a9
conservator, including expenses of administration "ADULT" MEANS AN10
INDIVIDUAL AT LEAST EIGHTEEN YEARS OLD OR AN EMANCIPATED11
INDIVIDUAL UNDER EIGHTEEN YEARS OLD.12
(1.3) "ADULT SUBJECT TO GUARDIANSHIP" MEANS AN ADULT FOR13
WHOM A GUARDIAN HAS BEEN APPOINTED PURSUANT TO THIS ARTICLE 14.14
(1.5) "CLAIM", WITH RESPECT TO A PROTECTED PERSON, INCLUDES15
A CLAIM AGAINST AN INDIVIDUAL, WHETHER ARISING IN CONTRACT, TORT,16
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OR OTHERWISE, AND A CLAIM AGAINST AN ESTATE WHICH ARISES AT OR1
AFTER THE APPOINTMENT OF A CONSERVATOR , INCLUDING EXPENSES OF2
ADMINISTRATION.3
(3.5) "F ULL GUARDIANSHIP " MEANS A GUARDIANSHIP THAT4
GRANTS THE GUARDIAN ALL POWERS AVAILABLE PURSUANT TO THIS5
ARTICLE 14.6
(4) "Guardian" means an individual at least twenty-one years of7
age OLD, resident or non-resident, who has qualified as a guardian of a8
minor or incapacitated person pursuant to appointment by a parent or by9
the court. The term includes a limited, emergency, and temporary10
substitute guardian but not a guardian ad litem.11
(4.5) "G UARDIAN AD LITEM " MEANS A PERSON APPOINTED TO12
INFORM THE COURT ABOUT , AND TO REPRESENT , THE NEEDS AND BEST13
INTEREST OF AN INDIVIDUAL.14
(6.5) "LESS RESTRICTIVE ALTERNATIVE" MEANS AN APPROACH TO15
MEETING AN INDIVIDUAL'S NEEDS THAT RESTRICTS FEWER RIGHTS OF THE16
INDIVIDUAL THAN WOULD THE APPOINTMENT OF A GUARDIAN OR17
CONSERVATOR. THE TERM INCLUDES SUPPORTED DECISION -MAKING,18
APPROPRIATE TECHNOLOGICAL ASSISTANCE , APPOINTMENT OF A19
REPRESENTATIVE PAYEE , AND APPOINTMENT OF AN AGENT BY THE20
INDIVIDUAL, INCLUDING APPOINTMENT UNDER A POWER OF ATTORNEY FOR21
HEALTH CARE OR POWER OF ATTORNEY FOR FINANCES.22
(7.3) "L IMITED GUARDIANSHIP " MEANS A GUARDIANSHIP THAT23
GRANTS THE GUARDIAN LESS THAN ALL POWERS AVAILABLE PURSUANT TO24
THIS ARTICLE 14 OR OTHERWISE RESTRICTS THE POWERS OF THE25
GUARDIAN.26
(7.5) "Member of the supportive community" means a person27
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whom the respondent, ward, or protected person has trusted for the1
one-year period immediately preceding the filing of a petition pursuant to2
section 15-14-304 SECTION 15-14-302 or 15-14-403 to engage in3
supported decision-making and who may have relevant information about4
the respondent's, ward's, or protected person's desires and personal values.5
(10.5) "Post-adjudication" means after appointment of a6
permanent guardian or special or permanent conservator after a hearing7
for which a respondent was provided notice pursuant to section8
15-14-309 SECTION 15-14-303 or section 15-14-404, or both, and at which9
the respondent had an opportunity to present evidence and be heard.10
(11.5) "PROTECTIVE ARRANGEMENT INSTEAD OF GUARDIANSHIP"11
MEANS A COURT ORDER ENTERED PURSUANT TO SECTION 15-14-902.12
(11.7) "PROTECTIVE ARRANGEMENT PURSUANT TO PART 9 OF THIS13
ARTICLE 14" MEANS A COURT ORDER ENTERED PURSUANT TO SECTION14
15-14-902 OR 15-14-903.15
SECTION 2. In Colorado Revised Statutes, add 15-14-103 as16
follows:17
15-14-103. Guardianship bill of rights.18
(1) AN ADULT SUBJECT TO GUARDIANSHIP HAS THE RIGHT TO:19
(a) BE TREATED WITH DIGNITY AND RESPECT;20
(b) B E FREE FROM ABUSE , NEGLECT , EXPLOITATION , AND21
DISCRIMINATION;22
(c) REMAIN AS INDEPENDENT AS POSSIBLE;23
(d) EXPRESS AND PRACTICE THEIR OWN RELIGIOUS PREFERENCES;24
(e) PERSONAL PRIVACY;25
(f) H UMANE, SAFE , AND SANITARY LIVING , LEARNING , AND26
WORKING ENVIRONMENTS;27
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(g) SEXUAL EXPRESSION AND TO HAVE THEIR GENDER IDENTITY1
RESPECTED;2
(h) A COMPETENT GUARDIAN WHO ADVOCATES FOR THEIR GOALS,3
NEEDS, AND PREFERENCES AND RESPECTS THEIR DESIRES , INCLUDING4
MEDICAL TREATMENT PREFERENCES , CULTURAL PRACTICES , AND5
RELIGIOUS BELIEFS;6
(i) A COMPETENT GUARDIAN WHO MAINTAINS FREQUENT CONTACT7
WITH THE ADULT SUBJECT TO GUARDIANSHIP;8
(j) F ULLY PARTICIPATE IN ALL DECISIONS , ESPECIALLY THOSE9
AFFECTING THEIR CARE, WHERE THEY LIVE, THEIR ACTIVITIES, AND THEIR10
SOCIAL INTERACTIONS, TO THE EXTENT THEY WISH TO BE INVOLVED AND11
ARE ABLE TO BE INVOLVED;12
(k) RECEIVE NECESSARY SERVICES AND REHABILITATION, WITHIN13
AVAILABLE RESOURCES, THAT PROTECT THEIR PERSONAL LIBERTY AND14
ARE PROVIDED WITHIN THE LEAST RESTRICTIVE CONDITIONS;15
(l) HAVE THE GUARDIAN PRUDENTLY MANAGE THEIR RESOURCES;16
(m) F ULLY PARTICIPATE IN DECISIONS ABOUT HOW THEIR17
PROPERTY IS MANAGED, TO THE EXTENT THEY WISH TO BE INVOLVED AND18
ARE ABLE TO BE INVOLVED;19
(n) KEEP CONFIDENTIAL THOSE MATTERS THAT THEY WISH TO KEEP20
CONFIDENTIAL UNLESS THE INFORMATION IS NECESSARY TO OBTAIN21
SERVICES; TO PREVENT ABUSE, NEGLECT, OR EXPLOITATION; OR TO MODIFY22
THE GUARDIANSHIP ORDER;23
(o) K EEP ALL RIGHTS THAT THE COURT HAS NOT GRANTED TO24
GUARDIAN OR CONSERVATOR;25
(p) A LAWYER WHO ADVOCATES FOR THE OUTCOME THE ADULT26
SUBJECT TO GUARDIANSHIP WANTS;27
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(q) BE PRESENT AND PARTICIPATE IN ALL COURT HEARINGS;1
(r) LET THE COURT KNOW CONCERNS OR COMPLAINTS ABOUT THEIR2
GUARDIANSHIP;3
(s) A SK THE COURT TO REVIEW THE NEED FOR THEIR4
GUARDIANSHIP TO CHANGE , CONTINUE , OR END AND WHETHER THEIR5
GUARDIAN IS RIGHT FOR THEM;6
(t) IF A QUESTION ARISES ABOUT THEIR CAPACITY TO EXERCISE A7
SPECIFIC RIGHT, HAVE A QUALIFIED PERSON EVALUATE WHAT THEY CAN8
DO AND WHETHER TO HAVE SOME OR ALL OF THEIR RIGHTS RESTORED;9
(u) THE SUPPORT AND ACCOMMODATIONS THEY NEED TO BE ABLE10
TO EFFECTIVELY COMMUNICATE WITH THE COURT AND TO UNDERSTAND11
THE COURT PROCEEDINGS; AND12
(v) HAVE THEIR RIGHTS EXPLAINED TO THEM IN THEIR PREFERRED13
METHOD OF COMMUNICATION AND IN THE LANGUAGE THEY CHOOSE.14
(2) T HE COURT MAY RESTRICT THE FOLLOWING RIGHTS OF AN15
ADULT SUBJECT TO GUARDIANSHIP WITHOUT DELEGATING THEM TO THE16
GUARDIAN IF THE RESTRICTION IS CONSISTENT WITH THE ADULT SUBJECT17
TO GUARDIANSHIP'S PREFERENCES AND VALUES:18
(a) TO APPLY FOR OR MAINTAIN A DRIVER'S LICENSE;19
(b) TO BE EDUCATED;20
(c) TO BE EMPLOYED;21
(d) TO COMMUNICATE AND INTERACT WITH OTHERS; AND22
(e) TO TRAVEL.23
(3) THE COURT MAY AUTHORIZE A GUARDIAN OR CONSERVATOR24
TO MAKE DECISIONS FOR THE FOLLOWING RIGHTS ON BEHALF OF THE25
ADULT SUBJECT TO GUARDIANSHIP IF THE AUTHORIZATION IS CONSISTENT26
WITH THE ADULT SUBJECT TO GUARDIANSHIP'S PREFERENCES AND VALUES:27
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(a) T O ACQUIRE THE BENEFITS , SERVICES , AND SUPPORTS THE1
ADULT SUBJECT TO GUARDIANSHIP NEEDS;2
(b) T O CONSENT TO OR REFUSE MEDICAL AND MENTAL HEALTH3
TREATMENT FOR THE ADULT SUBJECT TO GUARDIANSHIP;4
(c) TO DETERMINE WHERE THE ADULT SUBJECT TO GUARDIANSHIP5
LIVES;6
(d) T O DETERMINE THE ADULT SUBJECT TO GUARDIANSHIP 'S7
SOCIAL ENVIRONMENT AND SOCIAL ASPECTS OF THEIR PERSONAL LIFE;8
(e) TO FILE AND DEFEND LAWSUITS;9
(f) TO MAKE CONTRACTS;10
(g) TO MAKE GIFTS OF THE ADULT SUBJECT TO GUARDIANSHIP'S11
MONEY; AND12
(h) TO MANAGE THE ADULT SUBJECT TO GUARDIANSHIP'S MONEY13
AND PROPERTY.14
(4) T HE COURT MAY RESTRICT THE FOLLOWING RIGHTS IN15
ACCORDANCE WITH EXISTING LAW:16
(a) TO VOTE;17
(b) T O MAINTAIN THE ADULT SUBJECT TO GUARDIANSHIP 'S18
REPRODUCTIVE HEALTH AND ABILITY TO PROCREATE; AND19
(c) TO CHANGE THE ADULT SUBJECT TO GUARDIANSHIP'S MARITAL20
STATUS.21
SECTION 3. In Colorado Revised Statutes, repeal and reenact,22
with amendments, part 3 to article 14 of title 15 as follows:23
PART 324
GUARDIANSHIP OF ADULT25
15-14-301. Basis for appointment of guardian for adult.26
(1) O N PETITION AND AFTER NOTICE AND HEARING , THE COURT27
HB26-1100-7-
MAY:1
(a) APPOINT A GUARDIAN FOR AN ADULT IF THE COURT FINDS BY2
CLEAR AND CONVINCING EVIDENCE THAT:3
(I) T HE RESPONDENT LACKS THE ABILITY TO MEET ESSENTIAL4
REQUIREMENTS FOR HEALTH , SAFETY , OR WELFARE BECAUSE THE5
RESPONDENT IS UNABLE TO RECEIVE AND EVALUATE INFORMATION OR6
MAKE OR COMMUNICATE DECISIONS, EVEN WITH APPROPRIATE SUPPORTIVE7
SERVICES , TECHNOLOGICAL ASSISTANCE , OR SUPPORTED8
DECISION-MAKING; AND9
(II) THE RESPONDENT'S IDENTIFIED NEEDS CANNOT BE MET BY A10
PROTECTIVE ARRANGEMENT INSTEAD OF GUARDIANSHIP OR OTHER LESS11
RESTRICTIVE ALTERNATIVE; OR12
(b) WITH APPROPRIATE FINDINGS, TREAT THE PETITION AS ONE FOR13
A PROTECTIVE ARRANGEMENT PURSUANT TO PART 9 OF THIS ARTICLE 14,14
ISSUE ANY APPROPRIATE ORDER, OR DISMISS THE PROCEEDING.15
(2) THE COURT SHALL GRANT A GUARDIAN APPOINTED PURSUANT16
TO SUBSECTION (1) OF THIS SECTION ONLY THOSE POWERS NECESSITATED17
BY THE DEMONSTRATED NEEDS AND LIMITATIONS OF THE RESPONDENT18
AND ISSUE ORDERS THAT WILL ENCOURAGE DEVELOPMENT OF THE19
RESPONDENT'S MAXIMUM SELF-DETERMINATION AND INDEPENDENCE. THE20
COURT SHALL NOT ESTABLISH A FULL GUARDIANSHIP IF A LIMITED21
GUARDIANSHIP, PROTECTIVE ARRANGEMENT INSTEAD OF GUARDIANSHIP,22
OR OTHER LESS RESTRICTIVE ALTERNATIVES WOULD MEET THE NEEDS OF23
THE RESPONDENT.24
15-14-302. Petition for appointment of guardian for adult.25
(1) A PERSON INTERESTED IN THE WELFARE OF AN ADULT ,26
INCLUDING THE ADULT FOR WHOM THE ORDER IS SOUGHT, MAY PETITION27
HB26-1100-8-
FOR APPOINTMENT OF A GUARDIAN FOR THE ADULT.1
(2) A PETITION FILED PURSUANT TO SUBSECTION (1) OF THIS2
SECTION MUST STATE THE PETITIONER 'S NAME ; PRINCIPAL RESIDENCE ;3
CURRENT STREET ADDRESS , IF DIFFERENT ; RELATIONSHIP TO THE4
RESPONDENT; INTEREST IN THE APPOINTMENT; THE NAME AND ADDRESS OF5
ANY ATTORNEY REPRESENTING THE PETITIONER ; THE REASON6
GUARDIANSHIP IS NECESSARY ; AND , TO THE EXTENT KNOWN , THE7
FOLLOWING:8
(a) T HE RESPONDENT 'S NAME ; AGE ; PRINCIPAL RESIDENCE ;9
CURRENT STREET ADDRESS , IF DIFFERENT ; AND , IF DIFFERENT , THE10
ADDRESS OF THE DWELLING WHERE THE RESPONDENT IS PROPOSED TO11
RESIDE IF THE PETITION IS GRANTED;12
(b) THE NAME AND ADDRESS OF THE RESPONDENT'S:13
(I) SPOUSE OR DOMESTIC PARTNER OR , IF THE RESPONDENT HAS14
NONE, ANY ADULT WITH WHOM THE RESPONDENT HAS SHARED15
HOUSEHOLD RESPONSIBILITIES FOR MORE THAN SIX MONTHS IN THE16
TWELVE-MONTH PERIOD IMMEDIATELY BEFORE THE FILING OF THE17
PETITION;18
(II) A DULT CHILDREN OR , IF NONE , EACH PARENT AND ADULT19
SIBLING OF THE RESPONDENT; AND20
(III) A DULT STEPCHILDREN WHOM THE RESPONDENT ACTIVELY21
PARENTED DURING THE STEPCHILDREN'S MINOR YEARS AND WITH WHOM22
THE RESPONDENT HAD AN ONGOING RELATIONSHIP IN THE TWO -YEAR23
PERIOD IMMEDIATELY BEFORE THE FILING OF THE PETITION;24
(c) T HE NAME AND CURRENT ADDRESS OF EACH OF THE25
FOLLOWING, IF APPLICABLE:26
(I) A PERSON RESPONSIBLE FOR CARE OF THE RESPONDENT;27
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(II) ANY ATTORNEY CURRENTLY REPRESENTING THE RESPONDENT;1
(III) A NY REPRESENTATIVE PAYEE APPOINTED BY THE SOCIAL2
SECURITY ADMINISTRATION FOR THE RESPONDENT;3
(IV) A GUARDIAN OR CONSERVATOR ACTING FOR THE RESPONDENT4
IN THIS STATE OR IN ANOTHER JURISDICTION;5
(V) A TRUSTEE OR CUSTODIAN OF A TRUST OR CUSTODIANSHIP OF6
WHICH THE RESPONDENT IS A BENEFICIARY;7
(VI) A NY FIDUCIARY FOR THE RESPONDENT APPOINTED BY THE8
DEPARTMENT OF VETERANS AFFAIRS;9
(VII) AN AGENT DESIGNATED UNDER A POWER OF ATTORNEY FOR10
HEALTH CARE IN WHICH THE RESPONDENT IS IDENTIFIED AS THE PRINCIPAL;11
(VIII) AN AGENT DESIGNATED UNDER A POWER OF ATTORNEY FOR12
FINANCES IN WHICH THE RESPONDENT IS IDENTIFIED AS THE PRINCIPAL;13
(IX) A PERSON NOMINATED AS GUARDIAN BY THE RESPONDENT;14
(X) A PERSON NOMINATED AS GUARDIAN BY THE RESPONDENT 'S15
PARENT OR SPOUSE OR DOMESTIC PARTNER IN A WILL OR OTHER SIGNED16
RECORD;17
(XI) A PROPOSED GUARDIAN AND THE REASON FOR SELECTING THE18
PROPOSED GUARDIAN; AND19
(XII) A MEMBER OF THE RESPONDENT'S SUPPORTIVE COMMUNITY;20
(d) WHETHER THE PETITIONER SEEKS A LIMITED GUARDIANSHIP OR21
FULL GUARDIANSHIP;22
(e) IF THE PETITIONER SEEKS A FULL GUARDIANSHIP, THE REASON23
A LIMITED GUARDIANSHIP OR PROTECTIVE ARRANGEMENT INSTEAD OF24
GUARDIANSHIP IS NOT APPROPRIATE;25
(f) IF A LIMITED GUARDIANSHIP IS REQUESTED, THE POWERS TO BE26
GRANTED TO THE GUARDIAN;27
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(g) THE NAME AND CURRENT ADDRESS, IF KNOWN, OF ANY PERSON1
WITH WHOM THE PETITIONER SEEKS TO LIMIT THE RESPONDENT 'S2
CONTACT;3
(h) I F THE RESPONDENT HAS PROPERTY OTHER THAN PERSONAL4
EFFECTS, A GENERAL STATEMENT OF THE RESPONDENT'S PROPERTY WITH5
AN ESTIMATE OF ITS VALUE, INCLUDING ANY INSURANCE OR PENSION, AND6
THE SOURCE AND AMOUNT OF OTHER ANTICIPATED INCOME OR RECEIPTS;7
AND8
(i) W HETHER THE RESPONDENT NEEDS AN INTERPRETER ,9
TRANSLATOR, OR OTHER FORM OF SUPPORT TO COMMUNICATE10
EFFECTIVELY WITH THE COURT OR TO UNDERSTAND COURT PROCEEDINGS.11
(3) THE REASON FOR WHY GUARDIANSHIP IS NECESSARY THAT IS12
INCLUDED IN THE PETITION PURSUANT TO SUBSECTION (2) OF THIS SECTION13
MUST INCLUDE A BRIEF DESCRIPTION OF:14
(a) T HE NATURE AND EXTENT OF THE RESPONDENT 'S ALLEGED15
NEED;16
(b) ANY PROTECTIVE ARRANGEMENT INSTEAD OF GUARDIANSHIP17
OR OTHER LESS RESTRICTIVE ALTERNATIVES FOR MEETING THE18
RESPONDENT'S ALLEGED NEED THAT HAVE BEEN CONSIDERED OR19
IMPLEMENTED;20
(c) IF NO PROTECTIVE ARRANGEMENT INSTEAD OF GUARDIANSHIP21
OR OTHER LESS RESTRICTIVE ALTERNATIVES HAVE BEEN CONSIDERED OR22
IMPLEMENTED, THE REASON THEY HAVE NOT BEEN CONSIDERED OR23
IMPLEMENTED; AND24
(d) T HE REASON A PROTECTIVE ARRANGEMENT INSTEAD OF25
GUARDIANSHIP OR OTHER LESS RESTRICTIVE ALTERNATIVE IS INSUFFICIENT26
TO MEET THE RESPONDENT'S ALLEGED NEED.27
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15-14-303. Notice of hearing for appointment of guardian for1
adult.2
(1) ON FILING OF A PETITION PURSUANT TO SECTION 15-14-302 FOR3
APPOINTMENT OF A GUARDIAN FOR AN ADULT , THE COURT SHALL SET A4
DATE, TIME, AND PLACE FOR HEARING THE PETITION WITHIN SIXTY DAYS5
OF RECEIPT OF THE PETITION.6
(2) A COPY OF A PETITION DESCRIBED IN SECTION 15-14-302 AND7
NOTICE OF A HEARING ON THE PETITION MUST BE SERVED PERSONALLY ON8
THE RESPONDENT. THE NOTICE MUST INFORM THE RESPONDENT OF THE9
RESPONDENT'S RIGHTS AT THE HEARING , INCLUDING THE RIGHT TO AN10
ATTORNEY AND TO ATTEND THE HEARING. THE NOTICE MUST INCLUDE A11
DESCRIPTION OF THE NATURE , PURPOSE , AND CONSEQUENCES OF12
GRANTING THE PETITION. THE COURT SHALL NOT GRANT THE PETITION IF13
NOTICE SUBSTANTIALLY COMPLYING WITH THIS SUBSECTION (2) IS NOT14
SERVED ON THE RESPONDENT.15
(3) I N A PROCEEDING ON A PETITION DESCRIBED IN SECTION16
15-14-302, THE NOTICE REQUIRED PURSUANT TO SUBSECTION (2) OF THIS17
SECTION MUST BE GIVEN TO THE PERSONS REQUIRED TO BE LISTED IN THE18
PETITION PURSUANT TO SECTION 15-14-302 (2)(a) TO (2)(c), IF KNOWN,19
AND ANY OTHER PERSON INTERESTED IN THE WELFARE OF THE20
RESPONDENT THAT THE COURT D ETERMINES. FAILURE TO GIVE NOTICE21
PURSUANT TO THIS SUBSECTION (3) DOES NOT PRECLUDE THE COURT FROM22
APPOINTING A GUARDIAN.23
(4) IF A PETITION FILED PURSUANT TO SECTION 15-14-302 DOES24
NOT INCLUDE THE NAME OF AT LEAST ONE PERSON DESCRIBED IN SECTION25
15-14-302 (2), THE PETITIONER MUST SEARCH WITH REASONABLE26
DILIGENCE FOR AN ADULT RELATIVE OF THE RESPONDENT AND , IF AN27
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ADULT RELATIVE IS FOUND , GIVE THE ADULT RELATIVE NOTICE IN1
ACCORDANCE WITH SECTION 15-10-401 THAT A PETITION FOR2
GUARDIANSHIP OF THE RESPONDENT HAS BEEN FILED AND GIVE NOTICE OF3
A HEARING ON THE PETITION. THE NOTICE SENT TO THE ADULT RELATIVE4
OF THE RESPONDENT MUST NOT INCLUDE A COPY OF THE PETITION .5
FAILURE TO GIVE NOTICE PURSUANT TO THIS SUBSECTION (4) DOES NOT6
PRECLUDE THE COURT FROM APPOINTING A GUARDIAN.7
(5) A FTER THE APPOINTMENT OF A GUARDIAN , NOTICE OF A8
HEARING ON A PETITION FOR AN ORDER ISSUED PURSUANT TO THIS PART 3,9
TOGETHER WITH A COPY OF THE PETITION, MUST BE GIVEN TO:10
(a) THE ADULT SUBJECT TO GUARDIANSHIP;11
(b) THE GUARDIAN; AND12
(c) ANY OTHER PERSON THE COURT DETERMINES.13
15-14-304. Appointment and role of visitor.14
(1) ON RECEIPT OF A PETITION DESCRIBED IN SECTION 15-14-30215
FOR APPOINTMENT OF A GUARDIAN FOR AN ADULT , THE COURT SHALL16
APPOINT A VISITOR . THE COURT SHALL DISCLOSE IN THE ORDER17
APPOINTING THE VISITOR THE SPECIFIC TRAINING OR EXPERIENCE THE18
VISITOR HAS WITH RESPECT TO THE TYPES OF ABILITIES, LIMITATIONS, AND19
NEEDS OF THE RESPONDENT ALLEGED IN THE PETITION AND THE BASIS FOR20
FEES TO BE PAID TO THE VISITOR.21
(2) A VISITOR APPOINTED PURSUANT TO SUBSECTION (1) OF THIS22
SECTION SHALL INTERVIEW THE RESPONDENT IN PERSON AND , IN A23
MANNER THE RESPONDENT IS BEST ABLE TO UNDERSTAND:24
(a) E XPLAIN TO THE RESPONDENT THE SUBSTANCE OF THE25
PETITION; THE NATURE, PURPOSE, AND EFFECT OF THE PROCEEDING; THE26
RESPONDENT'S RIGHTS AT THE HEARING ON THE PETITION ; AND THE27
HB26-1100-13-
GENERAL POWERS AND DUTIES OF A GUARDIAN;1
(b) D ETERMINE THE RESPONDENT 'S VIEWS ABOUT THE2
APPOINTMENT SOUGHT BY THE PETITIONER , INCLUDING VIEWS ABOUT A3
PROPOSED GUARDIAN, THE GUARDIAN'S PROPOSED POWERS AND DUTIES,4
AND THE SCOPE AND DURATION OF THE PROPOSED GUARDIANSHIP;5
(c) I NFORM THE RESPONDENT OF THE RESPONDENT 'S RIGHT TO6
EMPLOY AND CONSULT WITH AN ATTORNEY AT THE RESPONDENT 'S7
EXPENSE AND THE RIGHT TO REQUEST A COURT -APPOINTED ATTORNEY;8
AND9
(d) INFORM THE RESPONDENT THAT ALL COSTS AND EXPENSES OF10
THE PROCEEDING, INCLUDING THE RESPONDENT'S ATTORNEY FEES, MAY BE11
PAID FROM THE RESPONDENT'S ASSETS.12
(3) A VISITOR APPOINTED PURSUANT TO SUBSECTION (1) OF THIS13
SECTION SHALL:14
(a) INTERVIEW THE PETITIONER AND PROPOSED GUARDIAN, IF ANY;15
(b) V ISIT THE RESPONDENT 'S PRESENT DWELLING AND ANY16
DWELLING WHERE THE RESPONDENT IS PROPOSED TO RESIDE IF THE17
APPOINTMENT IS MADE;18
(c) OBTAIN INFORMATION FROM ANY PHYSICIAN OR OTHER PERSON19
KNOWN TO HAVE TREATED , ADVISED, OR ASSESSED THE RESPONDENT 'S20
RELEVANT PHYSICAL OR MENTAL CONDITION; AND21
(d) I NVESTIGATE THE ALLEGATIONS IN THE PETITION AND ANY22
OTHER MATTER RELATING TO THE PETITION THAT THE COURT DIRECTS THE23
VISITOR MUST INVESTIGATE.24
(4) A VISITOR APPOINTED PURSUANT TO SUBSECTION (1) OF THIS25
SECTION PROMPTLY SHALL FILE A REPORT IN A RECORD WITH THE COURT,26
WHICH MUST INCLUDE:27
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(a) A RECOMMENDATION WHETHER TO APPOINT AN ATTORNEY TO1
REPRESENT THE RESPONDENT IF AN ATTORNEY HAS NOT ALREADY BEEN2
APPOINTED PURSUANT TO SECTION 15-14-305;3
(b) A SUMMARY OF SELF-CARE AND INDEPENDENT-LIVING TASKS4
THE RESPONDENT CAN MANAGE WITHOUT ASSISTANCE OR WITH EXISTING5
SUPPORTS; COULD MANAGE WITH THE ASSISTANCE OF APPROPRIATE6
SUPPORTIVE SERVICES , TECHNOLOGICAL ASSISTANCE , OR SUPPORTED7
DECISION-MAKING; AND CANNOT MANAGE;8
(c) A RECOMMENDATION REGARDING THE APPROPRIATENESS OF9
GUARDIANSHIP, INCLUDING WHETHER A PROTECTIVE ARRANGEMENT10
INSTEAD OF GUARDIANSHIP OR OTHER LESS RESTRICTIVE ALTERNATIVE11
FOR MEETING THE RESPONDENT'S NEEDS IS AVAILABLE, AND:12
(I) IF A GUARDIANSHIP IS RECOMMENDED, WHETHER IT SHOULD BE13
FULL OR LIMITED; AND14
(II) IF A LIMITED GUARDIANSHIP IS RECOMMENDED, THE POWERS15
TO BE GRANTED TO THE GUARDIAN;16
(d) A STATEMENT OF THE QUALIFICATIONS OF THE PROPOSED17
GUARDIAN AND WHETHER THE RESPONDENT APPROVES OR DISAPPROVES18
OF THE PROPOSED GUARDIAN;19
(e) A STATEMENT WHETHER THE PROPOSED DWELLING MEETS THE20
RESPONDENT'S NEEDS AND WHETHER THE RESPONDENT HAS EXPRESSED A21
PREFERENCE AS TO RESIDENCE;22
(f) A RECOMMENDATION WHETHER A PROFESSIONAL EVALUATION23
ORDERED PURSUANT TO SECTION 15-14-306 IS NECESSARY;24
(g) A STATEMENT WHETHER THE RESPONDENT IS ABLE TO ATTEND25
A HEARING AT THE LOCATION COURT PROCEEDINGS TYPICALLY ARE HELD;26
(h) A STATEMENT WHETHER THE RESPONDENT IS ABLE TO27
HB26-1100-15-
PARTICIPATE IN A HEARING AND A STATEMENT THAT IDENTIFIES ANY1
TECHNOLOGY OR OTHER FORM OF SUPPORT THAT WOULD ENHANCE THE2
RESPONDENT'S ABILITY TO PARTICIPATE; AND3
(i) ANY OTHER MATTER THE COURT DETERMINES.4
15-14-305. Appointment and role of attorney for adult.5
(1) THE COURT SHALL APPOINT AN ATTORNEY TO REPRESENT THE6
RESPONDENT IN A PROCEEDING FOR APPOINTMENT OF A GUARDIAN FOR AN7
ADULT IF THE RESPONDENT DOES NOT HIRE AN ATTORNEY TO REPRESENT8
THEM AND:9
(a) THE RESPONDENT REQUESTS AN APPOINTMENT;10
(b) THE VISITOR RECOMMENDS AN APPOINTMENT; OR11
(c) T HE COURT DETERMINES THE RESPONDENT NEEDS12
REPRESENTATION.13
(2) A N ATTORNEY REPRESENTING THE RESPONDENT IN A14
PROCEEDING FOR APPOINTMENT OF A GUARDIAN FOR AN ADULT SHALL:15
(a) MAKE REASONABLE EFFORTS TO ASCERTAIN THE RESPONDENT'S16
WISHES;17
(b) A DVOCATE FOR THE RESPONDENT 'S WISHES TO THE EXTENT18
REASONABLY ASCERTAINABLE; AND19
(c) I F THE RESPONDENT 'S WISHES ARE NOT REASONABLY20
ASCERTAINABLE, ADVOCATE FOR THE RESULT THAT IS THE LEAST21
RESTRICTIVE IN TYPE , DURATION , AND SCOPE , CONSISTENT WITH THE22
RESPONDENT'S INTERESTS.23
15-14-306. Professional evaluation.24
(1) AT OR BEFORE A HEARING ON A PETITION FOR A GUARDIANSHIP25
FOR AN ADULT, THE COURT SHALL ORDER A PROFESSIONAL EVALUATION26
OF THE RESPONDENT:27
HB26-1100-16-
(a) IF THE RESPONDENT REQUESTS THE EVALUATION; OR1
(b) I F THE COURT FINDS THAT ADDITIONAL INFORMATION MAY2
ASSIST THE COURT IN DETERMINING THE RESPONDENT 'S NEEDS AND3
ABILITIES.4
(2) I F THE COURT ORDERS AN EVALUATION PURSUANT TO5
SUBSECTION (1) OF THIS SECTION, THE RESPONDENT MUST BE EXAMINED6
BY A LICENSED PHYSICIAN , PSYCHOLOGIST, SOCIAL WORKER, OR OTHER7
INDIVIDUAL APPOINTED BY THE COURT WHO IS QUALIFIED TO EVALUATE8
THE RESPONDENT'S ALLEGED COGNITIVE AND FUNCTIONAL ABILITIES AND9
LIMITATIONS AND IS NOT ADVANTAGED OR DISADVANTAGED BY A10
DECISION TO GRANT THE PETITION OR OTHERWISE DOES NOT HAVE A11
CONFLICT OF INTEREST. THE INDIVIDUAL CONDUCTING THE EVALUATION12
PROMPTLY SHALL FILE A REPORT IN A RECORD WITH THE COURT. UNLESS13
OTHERWISE DIRECTED BY THE COURT, THE REPORT MUST CONTAIN:14
(a) A DESCRIPTION OF THE NATURE , TYPE, AND EXTENT OF THE15
RESPONDENT'S COGNITIVE AND FUNCTIONAL ABILITIES AND LIMITATIONS;16
(b) AN EVALUATION OF THE RESPONDENT'S MENTAL AND PHYSICAL17
CONDITION AND, IF APPROPRIATE , EDUCATIONAL POTENTIAL , ADAPTIVE18
BEHAVIOR, AND SOCIAL SKILLS;19
(c) A PROGNOSIS FOR IMPROVEMENT AND A RECOMMENDATION20
FOR THE APPROPRIATE TREATMENT, SUPPORT, OR HABILITATION PLAN; AND21
(d) T HE DATE OF THE EXAMINATION ON WHICH THE REPORT IS22
BASED.23
(3) T HE RESPONDENT MAY DECLINE TO PARTICIPATE IN AN24
EVALUATION ORDERED PURSUANT TO SUBSECTION (1) OF THIS SECTION.25
15-14-307. Attendance and rights at hearing.26
(1) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2) OF THIS27
HB26-1100-17-
SECTION, A HEARING HELD PURSUANT TO SECTION 15-14-303 MUST NOT1
PROCEED UNLESS THE RESPONDENT ATTENDS THE HEARING . IF IT IS NOT2
REASONABLY FEASIBLE FOR THE RESPONDENT TO ATTEND A HEARING AT3
THE LOCATION COURT PROCEEDINGS TYPICALLY ARE HELD , THE COURT4
SHALL HOLD A HEARING USING REAL -TIME AUDIO-VISUAL TECHNOLOGY5
OR, AT THE COURT'S DISCRETION, HOLD THE HEARING AT AN ALTERNATIVE6
LOCATION WHERE THE RESPONDENT CAN ATTEND USING REAL -TIME7
AUDIO-VISUAL TECHNOLOGY.8
(2) A HEARING HELD PURSUANT TO SECTION 15-14-303 MAY9
PROCEED WITHOUT THE RESPONDENT IN ATTENDANCE IF THE COURT FINDS10
BY CLEAR AND CONVINCING EVIDENCE THAT:11
(a) T HE RESPONDENT HAS REFUSE D TO ATTEND THE HEARING12
AFTER HAVING BEEN FULLY INFORMED OF THE RIGHT TO ATTEND AND THE13
POTENTIAL CONSEQUENCES OF FAILING TO DO SO; OR14
(b) T HERE IS NO PRACTICABLE WAY FOR THE RESPONDENT TO15
ATTEND AND PARTICIPATE IN THE HEARING EVEN WITH APPROPRIATE16
SUPPORTIVE SERVICES AND TECHNOLOGICAL ASSISTANCE.17
(3) T HE RESPONDENT MAY BE ASSISTED IN A HEARING HELD18
PURSUANT TO SECTION 15-14-303 BY A PERSON OR PERSONS OF THE19
RESPONDENT'S CHOOSING, ASSISTIVE TECHNOLOGY, OR AN INTERPRETER20
OR TRANSLATOR, OR A COMBINATION OF THESE SUPPORTS. IF ASSISTANCE21
WOULD FACILITATE THE RESPONDENT 'S PARTICIPATION IN THE HEARING22
BUT IS NOT OTHERWISE AVAILABLE TO THE RESPONDENT , THE COURT23
SHALL MAKE REASONABLE EFFORTS TO PROVIDE THE ASSISTANCE.24
(4) THE RESPONDENT HAS A RIGHT TO CHOOSE AN ATTORNEY TO25
REPRESENT THE RESPONDENT AT A HEARING HELD PURSUANT TO SECTION26
15-14-303.27
HB26-1100-18-
(5) AT A HEARING HELD PURSUANT TO SECTION 15-14-303, THE1
RESPONDENT MAY:2
(a) P RESENT EVIDENCE AND SUBPOENA WITNESSES AND3
DOCUMENTS;4
(b) E XAMINE WITNESSES , INCLUDING ANY COURT -APPOINTED5
EVALUATOR AND THE VISITOR; AND6
(c) OTHERWISE PARTICIPATE IN THE HEARING.7
(6) U NLESS EXCUSED BY THE COURT FOR GOOD CAUSE , A8
PROPOSED GUARDIAN SHALL ATTEND A HEARING HELD PURSUANT TO9
SECTION 15-14-303.10
(7) A HEARING HELD PURSUANT TO SECTION 15-14-303 MUST BE11
CLOSED ON REQUEST OF THE RESPONDENT OR ON A SHOWING OF GOOD12
CAUSE.13
(8) A NY PERSON MAY REQUEST TO PARTICIPATE IN A HEARING14
HELD PURSUANT TO SECTION 15-14-303. THE COURT MAY GRANT THE15
REQUEST, WITH OR WITHOUT A HEARING, ON DETERMINING THAT THE BEST16
INTEREST OF THE RESPONDENT WILL BE SERVED . THE COURT SHALL17
CONSIDER THE PREFERENCES AND OPINIONS OF THE RESPONDENT PRIOR TO18
GRANTING A REQUEST TO PARTICIPATE IN THE HEARING. THE COURT MAY19
IMPOSE APPROPRIATE CONDITIONS ON THE PERSON'S PARTICIPATION.20
15-14-308. Confidentiality of records.21
THE COURT SHALL COMPLY WITH THE ADMINISTRATIVE RULES22
ADOPTED BY THE JUDICIAL DEPARTMENT CONCERNING THE23
CONFIDENTIALITY OF COURT RECORDS.24
15-14-309. Who may be guardian for adult - order of priority.25
(1) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3) OF THIS26
SECTION, THE COURT, IN APPOINTING A GUARDIAN FOR AN ADULT, SHALL27
HB26-1100-19-
CONSIDER PERSONS QUALIFIED TO BE A GUARDIAN IN THE FOLLOWING1
ORDER OF PRIORITY:2
(a) A GUARDIAN , OTHER THAN A TEMPORARY OR EMERGENCY3
GUARDIAN, CURRENTLY ACTING FOR THE RESPONDENT IN ANOTHER4
JURISDICTION;5
(b) A PERSON NOMINATED AS GUARDIAN BY THE RESP ONDENT,6
INCLUDING THE RESPONDENT 'S MOST RECENT NOMINATION MADE IN A7
POWER OF ATTORNEY;8
(c) AN AGENT APPOINTED BY THE RESPONDENT UNDER A POWER OF9
ATTORNEY FOR HEALTH CARE;10
(d) A SPOUSE OR DOMESTIC PARTNER OF THE RESPONDENT; AND11
(e) A FAMILY MEMBER OR OTHER INDIVIDUAL WHO HAS SHOWN12
SPECIAL CARE AND CONCERN FOR THE RESPONDENT.13
(2) IF TWO OR MORE PERSONS HAVE EQUAL PRIORITY PURSUANT TO14
SUBSECTION (1) OF THIS SECTION, THE COURT SHALL SELECT AS GUARDIAN15
THE PERSON THE COURT CONSIDERS BEST QUALIFIED. IN DETERMINING THE16
BEST QUALIFIED PERSON , THE COURT SHALL CONSIDER THE PERSON 'S17
RELATIONSHIP WITH THE RESPONDENT , THE PERSON 'S SKILLS , THE18
EXPRESSED WISHES OF THE RESPONDENT , THE EXTENT TO WHICH THE19
PERSON AND THE RESPONDENT HAVE SIMILAR VALUES AND PREFERENCES,20
AND THE LIKELIHOOD THE PERSON IS ABLE TO PERFORM THE DUTIES OF A21
GUARDIAN SUCCESSFULLY.22
(3) T HE COURT , ACTING IN THE BEST INTEREST OF THE23
RESPONDENT, MAY DECLINE TO APPOINT AS GUARDIAN A PERSON HAVING24
PRIORITY PURSUANT TO SUBSECTION (1) OF THIS SECTION AND APPOINT A25
PERSON HAVING A LOWER PRIORITY OR NO PRIORITY.26
(4) U NLESS THE PERSON HAS PRIORITY TO SERVE PURSUANT TO27
HB26-1100-20-
SUBSECTION (1) OF THIS SECTION, A PERSON WHO PROVIDES PAID SERVICES1
TO THE RESPONDENT, OR AN INDIVIDUAL WHO IS EMPLOYED BY A PERSON2
WHO PROVIDES PAID SERVICES TO THE RESPONDENT OR IS THE SPOUSE ,3
DOMESTIC PARTNER, PARENT, OR CHILD OF AN INDIVIDUAL WHO PROVIDES4
OR IS EMPLOYED TO PROVIDE PAID SERVICES TO THE RESPONDENT, MUST5
NOT BE APPOINTED AS GUARDIAN UNLESS:6
(a) THE INDIVIDUAL IS RELATED TO THE RESPONDENT BY BLOOD,7
MARRIAGE, OR ADOPTION; OR8
(b) THE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT9
THE PERSON IS THE BEST QUALIFIED PERSON AVAILABLE FOR APPOINTMENT10
AND THE APPOINTMENT IS IN THE BEST INTEREST OF THE RESPONDENT.11
(5) AN OWNER, OPERATOR, OR EMPLOYEE OF A LONG-TERM CARE12
FACILITY AT WHICH THE RESPONDENT IS RECEIVING CARE MAY NOT BE13
APPOINTED AS GUARDIAN UNLESS THE OWNER, OPERATOR, OR EMPLOYEE14
IS RELATED TO THE RESPONDENT BY BLOOD, MARRIAGE, OR ADOPTION.15
(6) AN INDIVIDUAL WHO HAS A FINANCIAL OR PROPERTY INTEREST16
IN THE RESPONDENT'S ESTATE MUST NOT BE APPOINTED AS A GUARDIAN,17
UNLESS THE INDIVIDUAL MEETS THE REQUIREMENTS SET FORTH IN18
SUBSECTION (4) OF THIS SECTION.19
15-14-310. Order of appointment for guardian.20
(1) A COURT ORDER APPOINTING A GUARDIAN FOR AN ADULT21
MUST:22
(a) INCLUDE A SPECIFIC FINDING THAT CLEAR AND CONVINCING23
EVIDENCE ESTABLISHED THAT THE IDENTIFIED NEEDS OF THE RESPONDENT24
CANNOT BE MET BY A PROTECTIVE ARRANGEMENT INSTEAD OF25
GUARDIANSHIP OR OTHER LESS RESTRICTIVE ALTERNATIVE , INCLUDING26
USE OF APPROPRIATE SUPPORTIVE SERVICES, TECHNOLOGICAL ASSISTANCE,27
HB26-1100-21-
OR SUPPORTED DECISION-MAKING;1
(b) INCLUDE A SPECIFIC FINDING THAT CLEAR AND CONVINCING2
EVIDENCE ESTABLISHED THE RESPONDENT WAS GIVEN PROPER NOTICE OF3
THE HEARING ON THE PETITION;4
(c) S TATE WHETHER THE ADULT SUBJECT TO GUARDIANSHIP5
RETAINS THE RIGHT TO VOTE AND , IF THE ADULT DOES NOT RETAIN THE6
RIGHT TO VOTE, INCLUDE FINDINGS THAT SUPPORT REMOVING THAT RIGHT,7
WHICH MUST INCLUDE A FINDING THAT THE ADULT CANNOT8
COMMUNICATE, WITH OR WITHOUT SUPPORT , A SPECIFIC DESIRE TO9
PARTICIPATE IN THE VOTING PROCESS; AND10
(d) S TATE WHETHER THE ADULT SUBJECT TO GUARDIANSHIP11
RETAINS THE RIGHT TO MARRY AND, IF THE ADULT DOES NOT RETAIN THE12
RIGHT TO MARRY , INCLUDE FINDINGS THAT SUPPORT REMOVING THAT13
RIGHT.14
(2) AN ADULT SUBJECT TO GUARDIANSHIP RETAINS THE RIGHT TO15
VOTE UNLESS THE ORDER DESCRIBED IN SUBSECTION (1) OF THIS SECTION16
INCLUDES THE STATEMENT REQUIRED BY SUBSECTION (1)(c) OF THIS17
SECTION. AN ADULT SUBJECT TO GUARDIANSHIP RETAINS THE RIGHT TO18
MARRY UNLESS THE ORDER DESCRIBED IN SUBSECTION (1) OF THIS SECTION19
INCLUDES THE FINDINGS REQUIRED BY SUBSECTION (1)(d) OF THIS20
SECTION.21
(3) A COURT ORDER ESTABLISHING A FULL GUARDIANSHIP FOR AN22
ADULT MUST STATE THE BASIS FOR GRANTING A FULL GUARDIANSHIP AND23
INCLUDE SPECIFIC FINDINGS THAT SUPPORT THE CONCLUSION THAT A24
LIMITED GUARDIANSHIP WOULD NOT MEET THE FUNCTIONAL NEEDS OF THE25
ADULT SUBJECT TO GUARDIANSHIP.26
(4) A COURT ORDER ESTABLISHING A LIMITED GUARDIANSHIP FOR27
HB26-1100-22-
AN ADULT MUST STATE THE SPECIFIC POWERS GRANTED TO THE GUARDIAN.1
(5) T HE COURT , AS PART OF AN ORDER ESTABLISHING A2
GUARDIANSHIP FOR AN ADULT , SHALL IDENTIFY ANY PERSON THAT3
SUBSEQUENTLY IS ENTITLED TO:4
(a) N OTICE OF THE RIGHTS OF THE ADULT GIVEN PURSUANT TO5
SECTION 15-14-311 (2);6
(b) N OTICE OF A CHANGE IN THE PRIMARY DWELLING OF THE7
ADULT;8
(c) NOTICE THAT THE GUARDIAN HAS DELEGATED:9
(I) THE POWER TO MANAGE THE CARE OF THE ADULT;10
(II) THE POWER TO MAKE DECISIONS ABOUT WHERE THE ADULT11
LIVES;12
(III) THE POWER TO MAKE MAJOR MEDICAL DECISIONS ON BEHALF13
OF THE ADULT;14
(IV) THE POWER THAT REQUIRES COURT APPROVAL PURSUANT TO15
SECTION 15-14-315; OR16
(V) SUBSTANTIALLY ALL POWERS OF THE GUARDIAN;17
(d) NOTICE WHEN THE GUARDIAN IS UNAVAILABLE TO VISIT THE18
ADULT FOR MORE THAN TWO MONTHS OR UNAVAILABLE TO PERFORM THE19
GUARDIAN'S DUTIES FOR MORE THAN ONE MONTH;20
(e) A COPY OF THE GUARDIAN 'S PLAN DESCRIBED IN SECTION21
15-14-316 AND THE GUARDIAN 'S REPORT DESCRIBED IN SECTION22
15-14-317;23
(f) ACCESS TO COURT RECORDS RELATING TO THE GUARDIANSHIP;24
(g) N OTICE OF THE DEATH OR SIGNIFICANT CHANGE IN THE25
CONDITION OF THE ADULT;26
(h) N OTICE THAT THE COURT HAS LIMITED OR MODIFIED THE27
HB26-1100-23-
POWERS OF THE GUARDIAN; AND1
(i) NOTICE OF THE REMOVAL OF THE GUARDIAN.2
(6) A SPOUSE , DOMESTIC PARTNER , AND ADULT CHILD OF AN3
ADULT SUBJECT TO GUARDIANSHIP ARE ENTITLED TO NOTICE PURSUANT TO4
SUBSECTION (5) OF THIS SECTION UNLESS THE COURT DETERMINES NOTICE5
IS CONTRARY TO THE PREFERENCES OR PRIOR DIRECTIONS OF THE ADULT6
SUBJECT TO GUARDIANSHIP OR NOT IN THE BEST INTEREST OF THE ADULT.7
15-14-311. Notice of order of appointment - rights.8
(1) A GUARDIAN APPOINTED PURSUANT TO SECTION 15-14-3099
SHALL GIVE THE ADULT SUBJECT TO GUARDIANSHIP AND ALL OTHER10
PERSONS GIVEN NOTICE PURSUANT TO SECTION 15-14-303 A COPY OF THE11
ORDER OF APPOINTMENT , TOGETHER WITH NOTICE OF THE RIGHT TO12
REQUEST TERMINATION OR MODIFICATION. THE ORDER AND NOTICE MUST13
BE GIVEN NOT LATER THAN FOURTEEN DAYS AFTER THE APPOINTMENT.14
(2) N OT LATER THAN THIRTY DAYS AFTER APPOINTING A15
GUARDIAN PURSUANT TO SECTION 15-14-309, THE COURT SHALL GIVE TO16
THE ADULT SUBJECT TO GUARDIANSHIP, THE GUARDIAN, AND ANY OTHER17
PERSON ENTITLED TO NOTICE PURSUANT TO SECTION 15-14-310 (5) OR A18
SUBSEQUENT ORDER A STATEMENT OF THE RIGHTS OF THE ADULT SUBJECT19
TO GUARDIANSHIP AND PROCEDURES TO SEEK RELIEF IF THE ADULT IS20
DENIED THOSE RIGHTS . THE STATEMENT MUST BE IN AT LEAST21
SIXTEEN-POINT FONT, IN PLAIN LANGUAGE, AND, TO THE EXTENT FEASIBLE,22
IN A LANGUAGE IN WHICH THE ADULT SUBJECT TO GUARDIANSHIP IS23
PROFICIENT. THE STATEMENT MUST NOTIFY THE ADULT SUBJECT TO24
GUARDIANSHIP OF THE RIGHT TO:25
(a) SEEK TERMINATION OR MODIFICATION OF THE GUARDIANSHIP,26
OR REMOVAL OF THE GUARDIAN , AND CHOOSE AN ATTORNEY TO27
HB26-1100-24-
REPRESENT THE ADULT IN THESE MATTERS OR USE AN ATTORNEY1
APPOINTED BY THE COURT;2
(b) BE INVOLVED IN DECISIONS AFFECTING THE ADULT, INCLUDING3
DECISIONS ABOUT THE ADULT'S CARE, DWELLING, ACTIVITIES, OR SOCIAL4
INTERACTIONS, TO THE EXTENT REASONABLY FEASIBLE;5
(c) B E INVOLVED IN HEALTH -CARE DECISION -MAKING TO THE6
EXTENT REASONABLY FEASIBLE AND BE SUPPORTED IN UNDERSTANDING7
THE RISKS AND BENEFITS OF HEALTH -CARE OPTIONS TO THE EXTENT8
REASONABLY FEASIBLE;9
(d) BE NOTIFIED AT LEAST THIRTY DAYS BEFORE A CHANGE IN THE10
ADULT'S PRIMARY DWELLING OR PERMANENT MOVE TO A NURSING HOME,11
MENTAL HEALTH INSTITUTION , OR OTHER FACILITY THAT PLACES12
RESTRICTIONS ON THE INDIVIDUAL'S ABILITY TO LEAVE OR HAVE VISITORS,13
UNLESS THE CHANGE OR MOVE IS PROPOSED IN THE GUARDIAN 'S PLAN14
PURSUANT TO SECTION 15-14-316 OR AUTHORIZED BY THE COURT BY15
SPECIFIC ORDER;16
(e) O BJECT TO A CHANGE OR MOVE DESCRIBED IN SUBSECTION17
(2)(d) OF THIS SECTION AND THE PROCESS FOR OBJECTING;18
(f) COMMUNICATE, VISIT, OR INTERACT WITH OTHERS, INCLUDING19
RECEIVING VISITORS , HAVING PRIVATE CONVERSATIONS WITH OTHERS ,20
AND MAKING OR RECEIVING TELEPHONE CALLS , PERSONAL MAIL , OR21
ELECTRONIC COMMUNICATIONS , INCLUDING THROUGH SOCIAL MEDIA ,22
UNLESS:23
(I) T HE GUARDIAN HAS BEEN AUTHORIZED BY THE COURT BY24
SPECIFIC ORDER TO RESTRICT COMMUNICATIONS , VISITS , OR25
INTERACTIONS;26
(II) A PROTECTIVE ORDER OR PROTECTIVE ARRANGEMENT INSTEAD27
HB26-1100-25-
OF GUARDIANSHIP IS IN EFFECT THAT LIMITS CONTACT BETWEEN THE1
ADULT AND A PERSON; OR2
(III) THE GUARDIAN HAS GOOD CAUSE TO BELIEVE RESTRICTION IS3
NECESSARY BECAUSE INTERACTION WITH A SPECIFIED PERSON POSES A4
RISK OF SIGNIFICANT PHYSICAL, PSYCHOLOGICAL, OR FINANCIAL HARM TO5
THE ADULT, AND THE RESTRICTION IS:6
(A) FOR A PERIOD OF NOT MORE THAN SEVEN BUSINESS DAYS IF7
THE PERSON HAS A FAMILY OR PRE-EXISTING SOCIAL RELATIONSHIP WITH8
THE ADULT; OR9
(B) FOR A PERIOD OF NOT MORE THAN SIXTY DAYS IF THE PERSON10
DOES NOT HAVE A FAMILY OR PRE-EXISTING SOCIAL RELATIONSHIP WITH11
THE ADULT;12
(g) R ECEIVE A COPY OF THE GUARDIAN 'S PLAN DESCRIBED IN13
SECTION 15-14-316 AND THE GUARDIAN'S REPORT DESCRIBED IN SECTION14
15-14-317; AND15
(h) OBJECT TO THE GUARDIAN'S PLAN OR REPORT.16
(3) I F A RESTRICTION IS IMPOSED PURSUANT TO SUBSECTION17
(2)(f)(III) OF THIS SECTION, THE GUARDIAN MUST SUBMIT NOTICE OF THE18
RESTRICTION TO THE COURT.19
15-14-312. Emergency guardian for adult.20
(1) ON ITS OWN AFTER A PETITION HAS BEEN FILED PURSUANT TO21
SECTION 15-14-302, OR ON PETITION BY A PERSON INTERESTED IN THE22
WELFARE OF AN ADULT , THE COURT MAY APPOINT AN EMERGENCY23
GUARDIAN FOR THE ADULT IF THE COURT FINDS:24
(a) A PPOINTMENT OF AN EMERGENCY GUARDIAN IS LIKELY TO25
PREVENT SUBSTANTIAL HARM TO THE ADULT 'S HEALTH , SAFETY , OR26
WELFARE;27
HB26-1100-26-
(b) N O OTHER PERSON APPEARS TO HAVE AUTHORITY AND1
WILLINGNESS TO ACT IN THE CIRCUMSTANCES; AND2
(c) THERE IS REASON TO BELIEVE THAT A BASIS FOR APPOINTING3
A GUARDIAN PURSUANT TO SECTION 15-14-301 EXISTS.4
(2) THE DURATION OF AUTHORITY OF AN EMERGENCY GUARDIAN5
FOR AN ADULT MAY NOT EXCEED SIXTY DAYS , AND THE EMERGENCY6
GUARDIAN MAY EXERCISE ONLY THE POWERS SPECIFIED IN THE ORDER OF7
APPOINTMENT. THE EMERGENCY GUARDIAN 'S AUTHORITY MAY BE8
EXTENDED ONCE FOR NOT MORE THAN SIXTY DAYS IF THE COURT FINDS9
THAT THE CONDITIONS FOR APPOINTMENT OF AN EMERGENCY GUARDIAN10
DESCRIBED IN SUBSECTION (1) OF THIS SECTION CONTINUE.11
(3) IMMEDIATELY ON FILING OF A PETITION FOR APPOINTMENT OF12
AN EMERGENCY GUARDIAN FOR AN ADULT, THE COURT SHALL APPOINT AN13
ATTORNEY TO REPRESENT THE RESPONDENT IN THE PROCEEDING. EXCEPT14
AS OTHERWISE PROVIDED IN SUBSECTION (4) OF THIS SECTION ,15
REASONABLE NOTICE OF THE DATE , TIME, AND PLACE OF A HEARING ON16
THE PETITION MUST BE GIVEN TO THE RESPONDENT , THE RESPONDENT 'S17
ATTORNEY, AND ANY OTHER PERSON THE COURT DETERMINES.18
(4) THE COURT MAY APPOINT AN EMERGENCY GUARDIAN FOR AN19
ADULT WITHOUT NOTICE TO THE ADULT AND AN ATTORNEY FOR THE20
ADULT ONLY IF THE COURT FINDS FROM AN AFFIDAVIT OR TESTIMONY21
THAT THE RESPONDENT 'S HEALTH , SAFETY , OR WELFARE MAY BE22
SUBSTANTIALLY HARMED BEFORE A HEARING WITH NOTICE ON THE23
APPOINTMENT CAN BE HELD . IF THE COURT APPOINTS AN EMERGENCY24
GUARDIAN WITHOUT REASONABLE NOTICE TO THE RESPONDENT OR THE25
RESPONDENT'S ATTORNEY AND THE RESPONDENT IS NOT PRESENT AT THE26
HEARING, THE COURT MUST:27
HB26-1100-27-
(a) PERSONALLY SERVE NOTICE OF THE APPOINTMENT NOT LATER1
THAN FORTY-EIGHT HOURS AFTER THE APPOINTMENT TO:2
(I) THE RESPONDENT;3
(II) THE RESPONDENT'S ATTORNEY; AND4
(III) ANY OTHER PERSON THE COURT DETERMINES; AND5
(b) H OLD A HEARING ON THE APPROPRIATENESS OF THE6
APPOINTMENT NOT LATER THAN SEVEN DAYS AFTER THE APPOINTMENT7
UPON THE REQUEST OF THE RESPONDENT, THE RESPONDENT'S ATTORNEY,8
A MEMBER OF THE RESPONDENT'S SUPPORTIVE COMMUNITY, OR A PERSON9
INTERESTED IN THE WELFARE OF AN ADULT SUBJECT TO GUARDIANSHIP.10
(5) APPOINTING OF AN EMERGENCY GUARDIAN PURSUANT TO THIS11
SECTION IS NOT A DETERMINATION THAT A BASIS EXISTS FOR APPOINTMENT12
OF A GUARDIAN PURSUANT TO SECTION 15-14-301.13
(6) T HE COURT MAY TERMINATE THE APPOINTMENT OF AN14
EMERGENCY GUARDIAN APPOINTED PURSUANT TO THIS SECTION AT ANY15
TIME. THE EMERGENCY GUARDIAN SHALL MAKE ANY REPORT THE COURT16
REQUIRES.17
15-14-313. Duties of guardian for adult.18
(1) A GUARDIAN FOR AN ADULT IS A FIDUCIARY . EXCEPT AS19
OTHERWISE LIMITED BY THE COURT , A GUARDIAN FOR AN ADULT SHALL20
MAKE DECISIONS REGARDING THE SUPPORT, CARE, EDUCATION, HEALTH,21
AND WELFARE OF THE ADULT SUBJECT TO GUARDIANSHIP TO THE EXTENT22
NECESSITATED BY THE ADULT'S LIMITATIONS.23
(2) A GUARDIAN FOR AN ADULT SHALL PROMOTE THE24
SELF-DETERMINATION OF THE ADULT AND, TO THE EXTENT REASONABLY25
FEASIBLE, ENCOURAGE THE ADULT TO PARTICIPATE IN DECISIONS, ACT ON26
THE ADULT'S OWN BEHALF, AND DEVELOP OR REGAIN THE CAPACITY TO27
HB26-1100-28-
MANAGE THE ADULT'S PERSONAL AFFAIRS. IN FURTHERANCE OF THIS DUTY,1
THE GUARDIAN SHALL:2
(a) B ECOME OR REMAIN PERSONALLY ACQUAINTED WITH THE3
ADULT AND MAINTAIN SUFFICIENT CONTACT WITH THE ADULT, INCLUDING4
THROUGH REGULAR VISITATION , TO KNOW THE ADULT'S ABILITIES ,5
LIMITATIONS, NEEDS , OPPORTUNITIES , AND PHYSICAL AND MENTAL6
HEALTH;7
(b) TO THE EXTENT REASONABLY FEASIBLE, IDENTIFY THE VALUES8
AND PREFERENCES OF THE ADULT AND INVOLVE THE ADULT IN DECISIONS9
AFFECTING THE ADULT, INCLUDING DECISIONS ABOUT THE ADULT'S CARE,10
DWELLING, ACTIVITIES, OR SOCIAL INTERACTIONS; AND11
(c) M AKE REASONABLE EFFORTS TO IDENTIFY AND FACILITATE12
SUPPORTIVE RELATIONSHIPS AND SERVICES FOR THE ADULT.13
(3) A GUARDIAN FOR AN ADULT AT ALL TIMES SHALL EXERCISE14
REASONABLE CARE, DILIGENCE, AND PRUDENCE WHEN ACTING ON BEHALF15
OF OR MAKING DECISIONS FOR THE ADULT. IN FURTHERANCE OF THIS DUTY,16
THE GUARDIAN SHALL:17
(a) TAKE REASONABLE CARE OF THE PERSONAL EFFECTS, PETS, AND18
SERVICE OR SUPPORT ANIMALS OF THE ADULT AND BRING A PROCEEDING19
FOR A PROTECTIVE ARRANGEMENT INSTEAD OF GUARDIANSHIP IF20
NECESSARY TO PROTECT THE ADULT'S PROPERTY;21
(b) EXPEND FUNDS AND OTHER PROPERTY OF THE ADULT RECEIVED22
BY THE GUARDIAN FOR THE ADULT'S CURRENT NEEDS FOR SUPPORT, CARE,23
EDUCATION, HEALTH, AND WELFARE;24
(c) CONSERVE ANY FUNDS AND OTHER PROPERTY OF THE ADULT25
NOT EXPENDED PURSUANT TO SUBSECTION (3)(b) OF THIS SECTION FOR THE26
ADULT'S FUTURE NEEDS, BUT IF A CONSERVATOR HAS BEEN APPOINTED FOR27
HB26-1100-29-
THE ADULT, PAY THE FUNDS AND OTHER PROPERTY AT LEAST QUARTERLY1
TO THE CONSERVATOR TO BE CONSERVED FOR THE ADULT 'S FUTURE2
NEEDS;3
(d) ACCOUNT FOR ANY EXPENDITURES OF THE ADULT'S FUNDS AND4
PROVIDE THE ACCOUNTING TO THE ADULT ON A MONTHLY BASIS;5
(e) MONITOR THE QUALITY OF SERVICES, INCLUDING LONG-TERM6
CARE SERVICES, PROVIDED TO THE ADULT; AND7
(f) NOTIFY THE COURT IF THE GUARDIAN IS UNABLE TO DEVELOP8
OR MAINTAIN A SUPPORTIVE WORKING RELATIONSHIP WITH THE ADULT.9
(4) I N MAKING A DECISION FOR AN ADULT SUBJECT TO10
GUARDIANSHIP, THE GUARDIAN SHALL MAKE THE DECISION THE GUARDIAN11
REASONABLY BELIEVES THE ADULT WOULD MAKE IF THE ADULT WERE12
ABLE, UNLESS DOING SO WOULD UNREASONABLY HARM OR ENDANGER THE13
WELFARE OR PERSONAL OR FINANCIAL INTERESTS OF THE ADULT . TO14
DETERMINE THE DECISION THE ADULT SUBJECT TO GUARDIANSHIP WOULD15
MAKE IF ABLE, THE GUARDIAN SHALL CONSIDER THE ADULT'S PREVIOUS OR16
CURRENT DIRECTIONS, PREFERENCES, OPINIONS, VALUES, AND ACTIONS, TO17
THE EXTENT ACTUALLY KNOWN OR REASONABLY ASCERTAINABLE BY THE18
GUARDIAN.19
(5) I F A GUARDIAN FOR AN ADULT CANNOT MAKE A DECISION20
PURSUANT TO SUBSECTION (4) OF THIS SECTION BECAUSE THE GUARDIAN21
DOES NOT KNOW AND CANNOT REASONABLY DETERMINE THE DECISION22
THE ADULT PROBABLY WOULD MAKE IF ABLE , OR THE GUARDIAN23
REASONABLY BELIEVES THE DECISION THE ADULT WOULD MAKE WOULD24
UNREASONABLY HARM OR ENDANGER THE WELFARE OR PERSONAL OR25
FINANCIAL INTERESTS OF THE ADULT, THE GUARDIAN SHALL ACT IN26
ACCORDANCE WITH THE BEST INTEREST OF THE ADULT. IN DETERMINING27
HB26-1100-30-
THE BEST INTEREST OF THE ADULT, THE GUARDIAN SHALL CONSIDER:1
(a) INFORMATION RECEIVED FROM PROFESSIONALS AND PERSONS2
WHO DEMONSTRATE SUFFICIENT INTEREST IN THE WELFARE OF THE ADULT;3
(b) O THER INFORMATION THE GUARDIAN BELIEVES THE ADULT4
WOULD HAVE CONSIDERED IF THE ADULT WERE ABLE TO ACT; AND5
(c) O THER FACTORS A REASONABLE PERSON IN THE6
CIRCUMSTANCES OF THE ADULT WOULD CONSIDER , INCLUDING7
CONSEQUENCES FOR OTHERS.8
(6) A GUARDIAN FOR AN ADULT IMMEDIATELY SHALL NOTIFY THE9
COURT IF THE CONDITION OF THE ADULT HAS CHANGED SO THAT THE10
ADULT IS CAPABLE OF EXERCISING RIGHTS PREVIOUSLY REMOVED.11
15-14-314. Powers of guardian for adult.12
(1) EXCEPT AS LIMITED BY COURT ORDER , A GUARDIAN FOR AN13
ADULT MAY:14
(a) A PPLY FOR AND RECEIVE FUNDS AND BENEFITS FOR THE15
SUPPORT OF THE ADULT, UNLESS A CONSERVATOR IS APPOINTED FOR THE16
ADULT AND THE APPLICATION OR RECEIPT IS WITHIN THE POWERS OF THE17
CONSERVATOR;18
(b) UNLESS INCONSISTENT WITH A COURT ORDER, ESTABLISH THE19
ADULT'S PLACE OF DWELLING THAT IS CONSISTENT WITH THE20
REQUIREMENTS SET FORTH IN SUBSECTION (5) OF THIS SECTION;21
(c) CONSENT TO HEALTH OR OTHER CARE, TREATMENT, OR SERVICE22
FOR THE ADULT;23
(d) IF A CONSERVATOR FOR THE ADULT HAS NOT BEEN APPOINTED,24
COMMENCE A PROCEEDING, INCLUDING AN ADMINISTRATIVE PROCEEDING,25
OR TAKE OTHER APPROPRIATE ACTION TO COMPEL ANOTHER PERSON TO26
SUPPORT THE ADULT OR PAY FUNDS FOR THE ADULT'S BENEFIT;27
HB26-1100-31-
(e) T O THE EXTENT REASONABLE , DELEGATE TO THE ADULT1
RESPONSIBILITY FOR A DECISION AFFECTING THE ADULT 'S WELL-BEING;2
AND3
(f) R ECEIVE PERSONALLY IDENTIFIABLE HEALTH -CARE4
INFORMATION REGARDING THE ADULT.5
(2) THE COURT BY SPECIFIC ORDER MAY AUTHORIZE A GUARDIAN6
FOR AN ADULT TO CONSENT TO THE ADOPTION OF THE ADULT.7
(3) THE COURT BY SPECIFIC ORDER MAY AUTHORIZE A GUARDIAN8
FOR AN ADULT TO:9
(a) CONSENT OR WITHHOLD CONSENT TO THE MARRIAGE OF THE10
ADULT IF THE ADULT'S RIGHT TO MARRY HAS BEEN REMOVED PURSUANT11
TO SECTION 15-14-310;12
(b) P ETITION FOR DIVORCE , DISSOLUTION , OR ANNULMENT OF13
MARRIAGE OF THE ADULT OR A DECLARATION OF INVALIDITY OF THE14
ADULT'S MARRIAGE; OR15
(c) SUPPORT OR OPPOSE A PETITION FOR DIVORCE , DISSOLUTION,16
OR ANNULMENT OF MARRIAGE OF THE ADULT OR A DECLARATION OF17
INVALIDITY OF THE ADULT'S MARRIAGE.18
(4) IN DETERMINING WHETHER TO AUTHORIZE A POWER PURSUANT19
TO SUBSECTION (2) OR (3) OF THIS SECTION, THE COURT SHALL CONSIDER20
WHETHER THE UNDERLYING ACT WOULD BE IN ACCORDANCE WITH THE21
ADULT'S PREFERENCES, VALUES, AND PRIOR OR CURRENT DIRECTIONS AND22
WHETHER THE UNDERLYING ACT WOULD BE IN THE ADULT 'S BEST23
INTEREST.24
(5) I N EXERCISING A GUARDIAN 'S POWER PURSUANT TO25
SUBSECTION (1)(b) OF THIS SECTION TO ESTABLISH THE ADULT'S PLACE OF26
DWELLING, THE GUARDIAN SHALL:27
HB26-1100-32-
(a) SELECT A RESIDENTIAL SETTING THE GUARDIAN BELIEVES THE1
ADULT WOULD SELECT IF THE ADULT WERE ABLE, IN ACCORDANCE WITH2
THE DECISION-MAKING STANDARD DESCRIBED IN SECTION 15-14-313. IF3
THE GUARDIAN DOES NOT KNOW AND CANNOT REASONABLY DETERMINE4
WHAT SETTING THE ADULT SUBJECT TO GUARDIANSHIP PROBABLY WOULD5
CHOOSE IF ABLE, OR THE GUARDIAN REASONABLY BELIEVES THE DECISION6
THE ADULT WOULD MAKE WOULD UNREASONABLY HARM OR ENDANGER7
THE WELFARE OR PERSONAL OR FINANCIAL INTERESTS OF THE ADULT, THE8
GUARDIAN SHALL CHOOSE IN ACCORDANCE WITH SECTION 15-14-313 A9
RESIDENTIAL SETTING THAT IS CONSISTENT WITH THE ADULT 'S BEST10
INTEREST AND IS THE LEAST RESTRICTIVE RESIDENTIAL ENVIRONMENT11
NECESSARY TO MEET THE ADULT'S NEEDS.12
(b) IN SELECTING AMONG RESIDENTIAL SETTINGS, GIVE PRIORITY13
TO A RESIDENTIAL SETTING IN A LOCATION THAT ALLOWS THE ADULT TO14
INTERACT WITH PERSONS IMPORTANT TO THE ADULT AND MEETS THE15
ADULT'S NEEDS AS DESCRIBED IN SECTION 15-14-313;16
(c) N OT LATER THAN THIRTY DAYS AFTER A CHANGE IN THE17
DWELLING OF THE ADULT:18
(I) G IVE NOTICE , PURSUANT TO SECTION 15-10-401, OF THE19
CHANGE TO THE COURT , THE ADULT , AND ANY PERSON IDENTIFIED AS20
ENTITLED TO THE NOTICE IN THE COURT ORDER APPOINTING THE21
GUARDIAN OR A SUBSEQUENT ORDER; AND22
(II) INCLUDE IN THE NOTICE THE ADDRESS AND NATURE OF THE23
NEW DWELLING AND STATE WHETHER THE ADULT RECEIVED ADVANCE24
NOTICE OF THE CHANGE AND WHETHER THE ADULT OBJECTED TO THE25
CHANGE;26
(d) ESTABLISH OR MOVE THE PERMANENT PLACE OF DWELLING OF27
HB26-1100-33-
THE ADULT TO A NURSING HOME, MENTAL HEALTH INSTITUTION, OR OTHER1
FACILITY THAT PLACES RESTRICTIONS ON THE ADULT'S ABILITY TO LEAVE2
OR HAVE VISITORS ONLY IF:3
(I) T HE ESTABLISHMENT OR MOVE IS IN THE GUARDIAN 'S PLAN4
DESCRIBED IN SECTION 15-14-316;5
(II) THE COURT AUTHORIZES THE ESTABLISHMENT OR MOVE; OR6
(III) T HE GUARDIAN GIVES NOTICE OF THE ESTABLISHMENT OR7
MOVE AT LEAST FOURTEEN DAYS BEFORE THE ESTABLISHMENT OR MOVE8
TO THE ADULT AND ALL PERSONS ENTITLED TO NOTICE PURSUANT TO9
SECTION 15-14-310 (5)(b) OR A SUBSEQUENT ORDER, AND NO OBJECTION10
IS FILED; AND11
(e) ESTABLISH OR MOVE THE PLACE OF DWELLING OF THE ADULT12
OUTSIDE THIS STATE ONLY IF CONSISTENT WITH THE GUARDIAN'S PLAN AND13
AUTHORIZED BY THE COURT BY SPECIFIC ORDER.14
(6) I N EXERCISING A GUARDIAN 'S POWER PURSUANT TO15
SUBSECTION (1)(c) OF THIS SECTION TO MAKE HEALTH-CARE DECISIONS,16
THE GUARDIAN SHALL:17
(a) I NVOLVE THE ADULT IN DECISION -MAKING TO THE EXTENT18
REASONABLY FEASIBLE , INCLUDING , WHEN PRACTICABLE , BY19
ENCOURAGING AND SUPPORTING THE ADULT IN UNDERSTANDING THE20
RISKS AND BENEFITS OF HEALTH-CARE OPTIONS;21
(b) DEFER TO A DECISION BY AN AGENT ACTING UNDER A POWER22
OF ATTORNEY FOR HEALTH CARE EXECUTED BY THE ADULT AND23
COOPERATE TO THE EXTENT FEASIBLE WITH THE AGENT MAKING THE24
DECISION; AND25
(c) TAKE INTO ACCOUNT:26
(I) THE RISKS AND BENEFITS OF TREATMENT OPTIONS; AND27
HB26-1100-34-
(II) T HE CURRENT AND PREVIOUS WISHES AND VALUES OF THE1
ADULT, IF KNOWN OR REASONABLY ASCERTAINABLE BY THE GUARDIAN.2
15-14-315. Special limitations on guardian's power.3
(1) U NLESS AUTHORIZED BY THE COURT BY SPECIFIC ORDER , A4
GUARDIAN FOR AN ADULT DOES NOT HAVE THE POWER TO RE VOKE OR5
AMEND A POWER OF ATTORNEY FOR HEALTH CARE OR POWER OF6
ATTORNEY FOR FINANCES EXECUTED BY THE ADULT PRIOR TO THE7
APPOINTMENT OF THE GUARDIAN. IF A POWER OF ATTORNEY FOR HEALTH8
CARE IS IN EFFECT, UNLESS THERE IS A COURT ORDER TO THE CONTRARY,9
A HEALTH-CARE DECISION OF AN AGENT TAKES PRECEDENCE OVER THAT10
OF THE GUARDIAN AND THE GUARDIAN SHALL COOPERATE WITH THE11
AGENT TO THE EXTENT FEASIBLE. IF A POWER OF ATTORNEY FOR FINANCES12
IS IN EFFECT , UNLESS THERE IS A COURT ORDER TO THE CONTRARY , A13
DECISION BY THE AGENT WHICH THE AGENT IS AUTHORIZED TO MAKE14
UNDER THE POWER OF ATTORNEY FOR FINANCES TAKES PRECEDENCE OVER15
THAT OF THE GUARDIAN AND THE GUARDIAN SHALL COOPERATE WITH THE16
AGENT TO THE EXTENT FEASIBLE.17
(2) A GUARDIAN FOR AN ADULT MAY NOT INITIATE THE18
COMMITMENT OF THE ADULT TO A MENTAL HEALTH INSTITUTION EXCEPT19
IN ACCORDANCE WITH THE STATE 'S PROCEDURE FOR INVOLUNTARY20
TREATMENT AND EVALUATION OF A MENTAL HEALTH DISORDER AS21
DESCRIBED IN ARTICLE 65 OF TITLE 27.22
(3) A GUARDIAN FOR AN ADULT MAY NOT RESTRICT THE ABILITY23
OF THE ADULT TO COMMUNICATE , VISIT , OR INTERACT WITH OTHERS ,24
INCLUDING RECEIVING VISITORS AND MAKING OR RECEIVING TELEPHONE25
CALLS, PERSONAL MAIL, OR ELECTRONIC COMMUNICATIONS, INCLUDING26
THROUGH SOCIAL MEDIA , OR PARTICIPATING IN SOCIAL ACTIVITIES ,27
HB26-1100-35-
UNLESS:1
(a) AUTHORIZED BY THE COURT BY SPECIFIC ORDER;2
(b) A PROTECTIVE ORDER OR A PROTECTIVE ARRANGEMENT3
INSTEAD OF GUARDIANSHIP IS IN EFFECT THAT LIMITS CONTACT BETWEEN4
THE ADULT AND A PERSON; OR5
(c) THE GUARDIAN HAS GOOD CAUSE TO BELIEVE RESTRICTION IS6
NECESSARY BECAUSE INTERACTION WITH A SPECIFIED PERSON POSES A7
RISK OF SUBSTANTIAL PHYSICAL, PSYCHOLOGICAL, OR FINANCIAL HARM TO8
THE ADULT AND THE RESTRICTION IS:9
(I) FOR A PERIOD OF NOT MORE THAN SEVEN BUSINESS DAYS IF THE10
PERSON HAS A FAMILY OR PRE-EXISTING SOCIAL RELATIONSHIP WITH THE11
ADULT; OR12
(II) FOR A PERIOD OF NOT MORE THAN SIXTY DAYS IF THE PERSON13
DOES NOT HAVE A FAMILY OR PRE-EXISTING SOCIAL RELATIONSHIP WITH14
THE ADULT.15
(4) A GUARDIAN FOR AN ADULT SHALL NOT TAKE ANY ACTION16
THAT WOULD RESULT IN THE SALE OR SURRENDER OF THE LEASE TO THE17
ADULT'S PRIMARY DWELLING WITHOUT PRIOR APPROVAL FROM THE COURT.18
15-14-316. Guardian's plan.19
(1) A GUARDIAN FOR AN ADULT , NOT LATER THAN SIXTY DAYS20
AFTER APPOINTMENT AND WHEN THERE IS A SIGNIFICANT CHANGE IN21
CIRCUMSTANCES, OR THE GUARDIAN SEEKS TO DEVIATE SIGNIFICANTLY22
FROM THE GUARDIAN'S PLAN, SHALL FILE WITH THE COURT A PLAN FOR THE23
CARE OF THE ADULT , TOGETHER WITH THE GUARDIAN 'S REPORT AS24
REQUIRED PURSUANT TO SECTION 15-14-317. THE PLAN MUST BE BASED25
ON THE NEEDS OF THE ADULT AND TAKE INTO ACCOUNT THE BEST26
INTEREST OF THE ADULT AS WELL AS THE ADULT'S PREFERENCES, VALUES,27
HB26-1100-36-
AND PRIOR DIRECTIONS , TO THE EXTENT KNOWN TO OR REASONABLY1
ASCERTAINABLE BY THE GUARDIAN . THE GUARDIAN SHALL INCLUDE IN2
THE PLAN:3
(a) T HE LIVING ARRANGEMENT , SERVICES , AND SUPPORTS THE4
GUARDIAN EXPECTS TO ARRANGE , FACILITATE , OR CONTINUE FOR THE5
ADULT;6
(b) SOCIAL AND EDUCATIONAL ACTIVITIES THE GUARDIAN EXPECTS7
TO FACILITATE ON BEHALF OF THE ADULT;8
(c) ANY PERSON WITH WHOM THE ADULT HAS A CLOSE PERSONAL9
RELATIONSHIP OR RELATIONSHIP INVOLVING REGULAR VISITATION AND10
ANY PLAN THE GUARDIAN HAS FOR FACILITATING VISITS WITH THE PERSON;11
(d) T HE ANTICIPATED NATURE AND FREQUENCY OF THE12
GUARDIAN'S VISITS AND COMMUNICATION WITH THE ADULT;13
(e) GOALS FOR THE ADULT, INCLUDING ANY GOAL RELATED TO THE14
RESTORATION OF THE ADULT 'S RIGHTS , AND HOW THE GUARDIAN15
ANTICIPATES ACHIEVING THE GOALS;16
(f) W HETHER THE ADULT HAS AN EXISTING PLAN AND , IF SO ,17
WHETHER THE GUARDIAN'S PLAN IS CONSISTENT WITH THE ADULT'S PLAN;18
AND19
(g) A STATEMENT OR LIST OF THE AMOUNT THE GUARDIAN20
PROPOSES TO CHARGE FOR EACH SERVICE THE GUARDIAN ANTICIPATES21
PROVIDING TO THE ADULT.22
(2) A GUARDIAN SHALL GIVE NOTICE , PURSUANT TO SECTION23
15-10-401, OF THE FILING OF THE GUARDIAN 'S PLAN PURSUANT TO24
SUBSECTION (1) OF THIS SECTION, TOGETHER WITH A COPY OF THE PLAN,25
TO THE ADULT SUBJECT TO GUARDIANSHIP, A PERSON ENTITLED TO NOTICE26
PURSUANT TO SECTION 15-14-310 OR A SUBSEQUENT ORDER , AND ANY27
HB26-1100-37-
OTHER PERSON THE COURT DETERMINES . THE NOTICE MUST INCLUDE A1
STATEMENT OF THE RIGHT TO OBJECT TO THE PLAN AND BE GIVEN NOT2
LATER THAN FOURTEEN DAYS AFTER THE FILING.3
(3) A N ADULT SUBJECT TO GUARDIANSHIP AND ANY PERSON4
ENTITLED PURSUANT TO SUBSECTION (2) OF THIS SECTION TO RECEIVE5
NOTICE AND A COPY OF THE GUARDIAN'S PLAN MAY OBJECT TO THE PLAN.6
(4) T HE COURT SHALL REVIEW THE GUARDIAN 'S PLAN FILED7
PURSUANT TO SUBSECTION (1) OF THIS SECTION AND DETERMINE WHETHER8
TO APPROVE THE PLAN OR REQUIRE A NEW PLAN. IN DECIDING WHETHER9
TO APPROVE THE PLAN, THE COURT SHALL CONSIDER AN OBJECTION MADE10
PURSUANT TO SUBSECTION (3) OF THIS SECTION AND DECIDE WHETHER THE11
PLAN IS CONSISTENT WITH THE GUARDIAN 'S DUTIES AND POWERS12
PURSUANT TO SECTIONS 15-14-313 AND 15-14-314. THE COURT MUST NOT13
APPROVE THE PLAN UNTIL THIRTY DAYS AFTER ITS FILING.14
(5) A FTER THE GUARDIAN 'S PLAN FILED PURSUANT TO THIS15
SECTION IS APPROVED BY THE COURT , THE GUARDIAN SHALL PROVIDE A16
COPY OF THE PLAN TO THE ADULT SUBJECT TO GUARDIANSHIP, A PERSON17
ENTITLED TO NOTICE PURSUANT TO SECTION 15-14-310 OR A SUBSEQUENT18
ORDER, AND ANY OTHER PERSON THE COURT DETERMINES.19
15-14-317. Guardian's report - monitoring of guardianship.20
(1) A GUARDIAN FOR AN ADULT , NOT LATER THAN SIXTY DAYS21
AFTER APPOINTMENT AND AT LEAST ANNUALLY THEREAFTER, SHALL FILE22
WITH THE COURT A REPORT IN A RECORD REGARDING THE CONDITION OF23
THE ADULT AND ACCOUNTING FOR FUNDS AND OTHER PROPERTY IN THE24
GUARDIAN'S POSSESSION OR SUBJECT TO THE GUARDIAN 'S CONTROL ,25
TOGETHER WITH THE GUARDIAN 'S PLAN AS REQUIRED PURSUANT TO26
SECTION 15-14-316.27
HB26-1100-38-
(2) A REPORT FILED PURSUANT TO SUBSECTION (1) OF THIS1
SECTION MUST STATE OR CONTAIN:2
(a) T HE MENTAL , PHYSICAL , AND SOCIAL CONDITION OF THE3
ADULT;4
(b) T HE LIVING ARRANGEMENTS OF THE ADULT DURING THE5
REPORTING PERIOD;6
(c) A SUMMARY OF THE SUPPORTED DECISION -MAKING,7
TECHNOLOGICAL ASSISTANCE , MEDICAL SERVICES , EDUCATIONAL AND8
VOCATIONAL SERVICES, AND OTHER SUPPORTS AND SERVICES PROVIDED9
TO THE ADULT AND THE GUARDIAN 'S OPINION AS TO THE ADEQUACY OF10
THE ADULT'S CARE;11
(d) A SUMMARY OF THE GUARDIAN 'S VISITS WITH THE ADULT ,12
INCLUDING THE DATES OF THE VISITS;13
(e) ACTION TAKEN ON BEHALF OF THE ADULT;14
(f) T HE EXTENT TO WHICH THE ADULT HAS PARTICIPATED IN15
DECISION-MAKING;16
(g) IF THE ADULT IS LIVING IN A MENTAL HEALTH INSTITUTION OR17
LIVING IN A FACILITY THAT PROVIDES THE ADULT WITH HEALTH-CARE OR18
OTHER PERSONAL SERVICES , WHETHER THE GUARDIAN CONSIDERS THE19
FACILITY'S CURRENT PLAN FOR SUPPORT , CARE , TREATMENT , OR20
HABILITATION CONSISTENT WITH THE ADULT 'S PREFERENCES , VALUES ,21
PRIOR DIRECTIONS, AND BEST INTEREST;22
(h) A NYTHING OF MORE THAN DE MINIMIS VALUE WHICH THE23
GUARDIAN, ANY INDIVIDUAL WHO RESIDES WITH THE GUARDIAN, OR THE24
SPOUSE, DOMESTIC PARTNER , PARENT , CHILD , OR SIBLING OF THE25
GUARDIAN HAS RECEIVED FROM AN INDIVI DUAL PROVIDING GOODS OR26
SERVICES TO THE ADULT;27
HB26-1100-39-
(i) I F THE GUARDIAN DELEGATED A POWER TO AN AGENT , THE1
POWER DELEGATED AND THE REASON FOR THE DELEGATION;2
(j) ANY BUSINESS RELATION THE GUARDIAN HAS WITH A PERSON3
THE GUARDIAN HAS PAID OR WHO HAS BENEFITTED FROM THE PROPERTY4
OF THE ADULT;5
(k) A COPY OF THE GUARDIAN'S MOST RECENTLY APPROVED PLAN6
DESCRIBED IN SECTION 15-14-316 AND A STATEMENT WHETHER THE7
GUARDIAN HAS DEVIATED FROM THE PLAN AND, IF SO, HOW THE GUARDIAN8
HAS DEVIATED AND WHY;9
(l) PLANS FOR FUTURE CARE AND SUPPORT OF THE ADULT, IF NOT10
OTHERWISE PROVIDED IN THE GUARDIAN'S MOST RECENT PLAN APPROVED11
PURSUANT TO SECTION 15-14-316;12
(m) A RECOMMENDATION AS TO THE NEED FOR CONTINUED13
GUARDIANSHIP AND ANY RECOMMENDED CHANGE IN THE SCOPE OF THE14
GUARDIANSHIP;15
(n) W HETHER ANY CO -GUARDIAN OR SUCCESSOR GUARDIAN16
APPOINTED TO SERVE WHEN A DESIGNATED EVENT OCCURS IS ALIVE AND17
ABLE TO SERVE; AND18
(o) THE ADULT'S EXPRESS WISHES REGARDING ANY OF THE ITEMS19
LISTED IN THIS SUBSECTION (2), EVEN IF THE ADULT'S EXPRESS WISHES ARE20
CONTRARY TO THE GUARDIAN'S ACTIONS.21
(3) T HE COURT MAY APPOINT A VISITOR TO REVIEW A REPORT22
SUBMITTED PURSUANT TO THIS SECTION OR A GUARDIAN 'S PLAN23
SUBMITTED PURSUANT TO SECTION 15-14-316, INTERVIEW THE GUARDIAN24
OR ADULT SUBJECT TO GUARDIANSHIP , OR INVESTIGATE ANY OTHER25
MATTER INVOLVING THE GUARDIANSHIP.26
(4) N OTICE OF THE FILING OF A GUARDIAN 'S REPORT GIVEN27
HB26-1100-40-
PURSUANT TO THIS SECTION , TOGETHER WITH A COPY OF THE REPORT ,1
MUST BE GIVEN TO THE ADULT SUBJECT TO GUARDIANSHIP , A PERSON2
ENTITLED TO NOTICE PURSUANT TO SECTION 15-14-310 OR A SUBSEQUENT3
ORDER, AND ANY OTHER PERSON THE COURT DETERMINES . THE NOTICE4
AND REPORT MUST BE GIVEN NOT LATER THAN FOURTEEN DAYS AFTER THE5
FILING.6
(5) THE COURT SHALL ESTABLISH PROCEDURES FOR MONITORING7
A REPORT SUBMITTED PURSUANT TO THIS SECTION AND REVIEW EACH8
REPORT AT LEAST ANNUALLY TO DETERMINE WHETHER:9
(a) THE REPORT PROVIDES SUFFICIENT INFORMATION TO ESTABLISH10
THE GUARDIAN HAS COMPLIED WITH THE GUARDIAN'S DUTIES;11
(b) THE GUARDIANSHIP NEEDS TO CONTINUE; AND12
(c) THE GUARDIAN'S REQUESTED FEES, IF ANY, ARE REASONABLE13
PURSUANT TO SECTION 15-10-603.14
(6) I F THE COURT DETERMINES THERE IS REASON TO BELIEVE A15
GUARDIAN FOR AN ADULT HAS NOT COMPLIED WITH THE GUARDIAN 'S16
DUTIES OR THE GUARDIANSHIP REQUIRES MODIFICATION OR TERMINATION,17
THE COURT:18
(a) SHALL NOTIFY THE ADULT , THE GUARDIAN, AND ANY OTHER19
PERSON ENTITLED TO NOTICE PURSUANT TO SECTION 15-14-310 OR A20
SUBSEQUENT ORDER;21
(b) M AY REQUIRE ADDITIONAL INFORMATION FROM THE22
GUARDIAN;23
(c) M AY APPOINT A VISITOR TO INTERVIEW THE ADULT OR24
GUARDIAN OR INVESTIGATE ANY MATTER INVOLVING THE GUARDIANSHIP;25
AND26
(d) CONSISTENT WITH SECTIONS 15-14-318 AND 15-14-319, MAY27
HB26-1100-41-
HOLD A HEARING TO CONSIDER REMOVAL OF THE GUARDIAN, TERMINATION1
OF THE GUARDIANSHIP, OR A CHANGE IN THE POWERS GRANTED TO THE2
GUARDIAN OR TERMS OF THE GUARDIANSHIP.3
(7) IF THE COURT HAS REASON TO BELIEVE FEES REQUESTED BY A4
GUARDIAN FOR AN ADULT ARE NOT REASONABLE, THE COURT SHALL HOLD5
A HEARING, PURSUANT TO SECTION 15-10-604, TO DETERMINE WHETHER6
TO ADJUST THE REQUESTED FEES.7
(8) A GUARDIAN FOR AN ADULT MAY PETITION THE COURT FOR8
APPROVAL OF A REPORT FILED PURSUANT TO THIS SECTION . THE COURT,9
AFTER REVIEW, MAY APPROVE THE REPORT. IF THE COURT APPROVES THE10
REPORT, THERE IS A REBUTTABLE PRESUMPTION THE REPORT IS ACCURATE11
AS TO A MATTER ADEQUATELY DISCLOSED IN THE REPORT.12
(9) IF A GUARDIAN DOES NOT COMPLY WITH THE REQUIREMENTS13
OF SUBSECTION (1) OF THIS SECTION, THE COURT MAY:14
(a) HOLD THE GUARDIAN IN CONTEMPT OF COURT;15
(b) ISSUE SANCTIONS AGAINST THE GUARDIAN;16
(c) I SSUE A SUMMONS TO SHOW CAUSE FOR NOT SUBMITTING A17
REPORT AS REQUIRED BY SUBSECTION (1) OF THIS SECTION; OR18
(d) REMOVE THE GUARDIAN.19
15-14-318. Removal of guardian for adult - appointment of20
successor.21
(1) T HE COURT MAY REMOVE A GUARDIAN FOR AN ADULT FOR22
FAILURE TO PERFORM THE GUARDIAN'S DUTIES OR FOR OTHER GOOD CAUSE23
AND APPOINT A SUCCESSOR GUARDIAN TO ASSUME THE DUTIES OF A24
GUARDIAN AS DESCRIBED IN SECTION 15-14-313.25
(2) THE COURT SHALL HOLD A HEARING TO DETERMINE WHETHER26
TO REMOVE A GUARDIAN FOR AN ADULT AND APPOINT A SUCCESSOR27
HB26-1100-42-
GUARDIAN ON:1
(a) PETITION OF THE ADULT, GUARDIAN, OR PERSON INTERESTED2
IN THE WELFARE OF THE ADULT, WHICH CONTAINS ALLEGATIONS THAT, IF3
TRUE, WOULD SUPPORT A REASONABLE BELIEF THAT REM OVAL OF THE4
GUARDIAN AND APPOINTMENT OF A SUCCESSOR GUARDIAN MAY BE5
APPROPRIATE, BUT THE COURT MAY DECLINE TO HOLD A HEARING IF A6
PETITION BASED ON THE SAME OR SUBSTANTIALLY SIMILAR FACTS WAS7
FILED DURING THE PRECEDING SIX MONTHS;8
(b) FILING, FROM THE ADULT, GUARDIAN, OR PERSON INTERESTED9
IN THE WELFARE OF THE ADULT THAT SUPPORTS A REAS ONABLE BELIEF10
THAT REMOVAL OF THE GUARDIAN AND APPOINTMENT OF A SUCCESSOR11
GUARDIAN IS APPROPRIATE; OR12
(c) D ETERMINATION BY THE COURT THAT A HEARING IS IN THE13
BEST INTEREST OF THE ADULT.14
(3) NOTICE OF A HEARING GIVEN PURSUANT TO SUBSECTION (2) OF15
THIS SECTION MUST BE PERSONALLY SERVED ON THE ADULT SUBJECT TO16
GUARDIANSHIP, AND GIVEN PURSUANT TO SECTION 15-10-401 TO THE17
GUARDIAN, AND ANY OTHER PERSON THE COURT DETERMINES.18
(4) AN ADULT SUBJECT TO GUARDIANSHIP WHO SEEKS TO REMOVE19
THE GUARDIAN AND HAVE A SUCCESSOR GUARDIAN APPOINTED HAS THE20
RIGHT TO CHOOSE AN ATTORNEY TO REPRESENT THE ADULT IN THIS21
MATTER. IF THE ADULT IS NOT REPRESENTED BY AN ATTORNEY, THE COURT22
SHALL APPOINT AN ATTORNEY PURSUANT TO THE SAME CONDITIONS AS IN23
SECTION 15-14-305.24
(5) I N SELECTING A SUCCESSOR GUARDIAN FOR AN ADULT , THE25
COURT SHALL FOLLOW THE PRIORITIES DESCRIBED IN SECTION 15-14-309.26
(6) N OT LATER THAN THIRTY DAYS AFTER APPOINTING A27
HB26-1100-43-
SUCCESSOR GUARDIAN, THE COURT SHALL GIVE NOTICE , PURSUANT TO1
SECTION 15-10-401, OF THE APPOINTMENT TO THE ADULT SUBJECT TO2
GUARDIANSHIP AND ANY PERSON ENTITLED TO NOTICE PURSUANT TO3
SECTION 15-14-310 (5) OR A SUBSEQUENT ORDER.4
15-14-319. Termination or modification of guardianship for5
adult.6
(1) AN ADULT SUBJECT TO GUARDIANSHIP, THE GUARDIAN FOR THE7
ADULT, OR A PERSON INTERESTED IN THE WELFARE OF THE ADULT MAY8
FILE A PETITION FOR:9
(a) TERMINATION OF THE GUARDIANSHIP ON THE GROUNDS THAT10
A BASIS FOR APPOINTMENT DESCRIBED IN SECTION 15-14-301 DOES NOT11
EXIST OR TERMINATION IS IN THE BEST INTEREST OF THE ADULT OR FOR12
OTHER GOOD CAUSE; OR13
(b) MODIFICATION OF THE GUARDIANSHIP ON THE GROUNDS THAT14
THE EXTENT OF PROTECTION OR ASSISTANCE GRANTED IS NOT15
APPROPRIATE OR FOR OTHER GOOD CAUSE.16
(2) ON FILING A PETITION PURSUANT TO SUBSECTION (1) OF THIS17
SECTION, THE COURT SHALL SET A DATE, TIME, AND PLACE FOR HEARING18
THE PETITION WITHIN SIXTY DAYS AFTER RECEIPT OF THE PETITION.19
(3) THE COURT SHALL HOLD A HEARING TO DETERMINE WHETHER20
TERMINATION OR MODIFICATION OF A GUARDIANSHIP FOR AN ADULT IS21
APPROPRIATE ON:22
(a) PETITION PURSUANT TO SUBSECTION (1) OF THIS SECTION THAT23
CONTAINS ALLEGATIONS THAT, IF TRUE, WOULD SUPPORT A REASONABLE24
BELIEF THAT TERMINATION OR MODIFICATION OF THE GUARDIANSHIP IS25
APPROPRIATE, BUT THE COURT MAY DECLINE TO HOLD A HEARING IF A26
PETITION BASED ON THE SAME OR SUBSTANTIALLY SIMILAR FACTS WAS27
HB26-1100-44-
FILED DURING THE PRECEDING SIX MONTHS;1
(b) FILING, FROM THE ADULT, GUARDIAN, OR PERSON INTERESTED2
IN THE WELFARE OF THE ADULT THAT SUPPORTS A REASONABLE BELIEF3
THAT TERMINATION OR MODIFICATION OF THE GUARDIANSHIP IS4
APPROPRIATE, INCLUDING BECAUSE THE FUNCTIONAL NEEDS OF THE ADULT5
OR SUPPORTS OR SERVICES AVAILABLE TO THE ADULT HAVE CHANGED;6
(c) A REPORT FROM A GUARDIAN OR CONSERVATOR THAT7
INDICATES THAT TERMINATION OR MODIFICATION IS APPROPRIATE8
BECAUSE THE FUNCTIONAL NEEDS OF THE ADULT OR SUPPORTS OR9
SERVICES AVAILABLE TO THE ADULT HAVE CHANGED OR A PROTECTIVE10
ARRANGEMENT INSTEAD OF GUARDIANSHIP OR OTHER LESS RESTRICTIVE11
ALTERNATIVE FOR MEETING THE ADULT'S NEEDS IS AVAILABLE; OR12
(d) A DETERMINATION BY THE COURT THAT A HEARING IS IN THE13
BEST INTEREST OF THE ADULT.14
(4) NOTICE OF A PETITION FILED PURSUANT TO SUBSECTION (3)(a)15
OF THIS SECTION MUST BE GIVEN TO THE ADULT SUBJECT TO16
GUARDIANSHIP, THE GUARDIAN , AND ANY OTHER PERSON THE COURT17
DETERMINES.18
(5) O N PRESENTATION OF PRIMA FACIE EVIDENCE FOR19
TERMINATION OF A GUARDIANSHIP FOR AN ADULT , THE COURT SHALL20
ORDER TERMINATION UNLESS IT IS PROVEN THAT A BASIS FOR21
APPOINTMENT OF A GUARDIAN PURSUANT TO SECTION 15-14-301 EXISTS.22
(6) T HE COURT SHALL MODIFY THE POWERS GRANTED TO A23
GUARDIAN FOR AN ADULT IF THE POWERS ARE EXCESSIVE OR INADEQUATE24
DUE TO A CHANGE IN THE ABILITIES OR LIMITATIONS OF THE ADULT , THE25
ADULT'S SUPPORTS, OR OTHER CIRCUMSTANCES.26
(7) U NLESS THE COURT OTHERWISE ORDERS FOR GOOD CAUSE ,27
HB26-1100-45-
BEFORE TERMINATING OR MODIFYING A GUARDIANSHIP FOR AN ADULT ,1
THE COURT SHALL FOLLOW THE SAME PROCEDURES TO SAFEGUARD THE2
RIGHTS OF THE ADULT THAT APPLY TO A PETITION FOR GUARDIANSHIP.3
(8) A N ADULT SUBJECT TO GUARDIANSHIP WHO SEEKS TO4
TERMINATE OR MODIFY THE TERMS OF THE GUARDIANSHIP HAS THE RIGHT5
TO CHOOSE AN ATTORNEY TO RE PRESENT THE ADULT IN THE MATTER . IF6
THE ADULT IS NOT REPRESENTED BY AN ATTORNEY , THE COURT SHALL7
APPOINT AN ATTORNEY PURSUANT TO THE SAME CONDITIONS SET FORTH8
IN SECTION 15-14-305.9
(9) T HE FOLLOWING PROVISIONS APPLY IN A CONTESTED10
TERMINATION PROCEEDING:11
(a) THE GUARDIAN MAY FILE A WRITTEN REPORT TO THE COURT12
REGARDING ANY MATTER RELEVANT TO THE TERMINATION PROCEEDING,13
AND THE GUARDIAN MAY FILE A MOTION FOR INSTRUCTIONS REGARDING14
ANY RELEVANT MATTER, INCLUDING, BUT NOT LIMITED TO:15
(I) W HETHER AN ATTORNEY , GUARDIAN AD LITEM , OR VISITOR16
MUST BE APPOINTED FOR THE ADULT SUBJECT TO GUARDIANSHIP;17
(II) WHETHER ANY FURTHER INVESTIGATION OR PROFESSIONAL18
EVALUATION OF THE ADULT SUBJECT TO GUARDIANSHIP MUST BE19
CONDUCTED, THE SCOPE OF THE INVESTIGATION OR PROFESSIONAL20
EVALUATION, AND WHEN THE INVESTIGATION OR PROFESSIONAL21
EVALUATION MUST BE COMPLETED; AND22
(III) W HETHER THE GUARDIAN MUST BE INVOLVED IN THE23
TERMINATION PROCEEDINGS AND, IF SO, TO WHAT EXTENT;24
(b) I F THE GUARDIAN ELECTS TO FILE A WRITTEN REPORT OR A25
MOTION FOR INSTRUCTIONS, THE GUARDIAN MUST FILE INITIAL PLEADINGS26
WITHIN TWENTY-ONE DAYS AFTER THE PETITION TO TERMINATE IS FILED27
HB26-1100-46-
AND SEND A COPY OF THE WRITTEN REPORT TO THE ADULT SUBJECT TO1
GUARDIANSHIP. ANY PERSON INTERESTED IN THE WELFARE OF THE ADULT2
SUBJECT TO GUARDIANSHIP HAS FOURTEEN DAYS AFTER THE INITIAL3
PLEADINGS ARE FILED TO FILE A RESPONSE. IF A RESPONSE IS FILED , THE4
GUARDIAN HAS SEVEN DAYS AFTER THE RESPONSE IS FILED TO FILE A5
REPLY. IF A MOTION FOR INSTRUCTIONS IS FILED BY THE GUARDIAN AS THE6
GUARDIAN'S INITIAL PLEADING, THE COURT MUST RULE ON THE MOTION7
BEFORE THE PETITION FOR TERMINATION OF THE GUARDIANSHIP IS SET FOR8
HEARING. UNLESS A HEARING ON THE MOTION FOR INSTRUCTIONS IS9
REQUESTED BY THE COURT , THE COURT MAY RULE ON THE PLEADINGS10
WITHOUT A HEARING AFTER THE TIME PERIOD FOR THE FILING OF THE LAST11
RESPONSIVE PLEADING HAS EXPIRED . AFTER THE FILING OF THE12
GUARDIAN'S INITIAL MOTION FOR INSTRUCTIONS, THE GUARDIAN MAY FILE13
SUBSEQUENT MOTIONS FOR INSTRUCTION, AS APPROPRIATE.14
(c) EXCEPT FOR THE ACTIONS AUTHORIZED IN SUBSECTIONS (9)(a),15
(9)(b), AND (10) OF THIS SECTION , OR AS OTHERWISE ORDERED BY THE16
COURT, THE GUARDIAN SHALL NOT TAKE ANY ACTION TO OPPOSE OR17
INTERFERE IN THE TERMINATION PROCEEDING. THE FILING OF THE INITIAL18
OR SUBSEQUENT MOTION FOR INSTRUCTIONS BY THE GUARDIAN MUST NOT19
ALONE BE DEEMED OPPOSITION OR INTERFERENCE.20
(d) UNLESS ORDERED BY THE COURT , THE GUARDIAN DOES NOT21
HAVE A DUTY TO PARTICIPATE IN THE TERMINATION PROCEEDING, AND THE22
GUARDIAN DOES NOT INCUR LIABILITY FOR FILING THE REPORT OR MOTION23
FOR INSTRUCTION OR FOR FAILING TO PARTICIPATE IN THE PROCEEDING ;24
AND25
(e) ANY INDIVIDUAL WHO HAS BEEN APPOINTED AS A GUARDIAN,26
AND IS ALSO A PERSON INTERESTED IN THE WELFARE OF THE ADULT27
HB26-1100-47-
SUBJECT TO GUARDIANSHIP , AND WHO WANTS TO PARTICIPATE IN THE1
TERMINATION PROCEEDING IN THE INDIVIDUAL 'S INDIVIDUAL CAPACITY2
AND NOT IN THE INDIVIDUAL'S FIDUCIARY CAPACITY MAY DO SO WITHOUT3
RESTRICTION OR LIMITATION. THE PAYMENT OF ANY FEES AND COSTS TO4
THAT INDIVIDUAL RELATED TO THE INDIVIDUAL 'S DECISION TO5
PARTICIPATE IN THE TERMINATION PROCEEDING IS GOVERNED BY SECTION6
15-10-602 (7) AND NOT BY SECTION 15-10-602 (1).7
(10) NOTHING IN SUBSECTION (8) OF THIS SECTION PREVENTS:8
(a) T HE COURT , ON ITS OWN MOTION , AND REGARDLESS OF9
WHETHER THE GUARDIAN HAS FILED A REPORT OR MOTION FOR10
INSTRUCTIONS, FROM ORDERING THE GUARDIAN TO TAKE ANY ACTION11
THAT THE COURT DEEMS APPROPRIATE OR FROM APPOINTING AN12
ATTORNEY, GUARDIAN AD LITEM, VISITOR, OR PROFESSIONAL EVALUATOR;13
(b) THE COURT FROM ORDERING THE GUARDIAN TO APPEAR AT THE14
TERMINATION PROCEEDING AND GIVE TESTIMONY; OR15
(c) A NY PERSON INTERESTED IN THE WELFARE OF THE ADULT16
SUBJECT TO GUARDIANSHIP FROM CALLING THE GUARDIAN AS A WITNESS17
IN THE TERMINATION PROCEEDING.18
SECTION 4. In Colorado Revised Statutes, add part 9 to article19
14 of title 15 as follows:20
PART 921
OTHER PROTECTIVE ARRANGEMENTS22
15-14-901. Authority for protective arrangement.23
(1) P URSUANT TO THIS ARTICLE 14, A COURT , ON RECEIVING A24
PETITION FOR A GUARDIANSHIP FOR AN ADULT MAY ORDER A PROTECTIVE25
ARRANGEMENT INSTEAD OF GUARDIANSHIP AS A LESS RESTRICTIVE26
ALTERNATIVE TO GUARDIANSHIP.27
HB26-1100-48-
(2) A PERSON INTERESTED IN THE WELFARE OF AN ADULT ,1
INCLUDING THE ADULT OR A CONSERVATOR FOR THE ADULT, MAY PETITION2
PURSUANT TO THIS PART 14 FOR A PROTECTIVE ARRANGEMENT INSTEAD OF3
GUARDIANSHIP.4
15-14-902. Basis for protective arrangement instead of5
guardianship for adult.6
(1) A FTER THE HEARING ON A PETITION HELD PURSUANT TO7
SECTION 15-14-302 FOR A GUARDIANSHIP OR HELD PURSUANT TO SECTION8
15-14-901(2) FOR A PROTECTIVE ARRANGEMENT INSTEAD OF9
GUARDIANSHIP, THE COURT MAY ISSUE AN ORDER PURSUANT TO10
SUBSECTION (2) OF THIS SECTION FOR A PROTECTIVE ARRANGEMENT11
INSTEAD OF GUARDIANSHIP IF THE COURT FINDS BY CLEAR AND12
CONVINCING EVIDENCE THAT:13
(a) T HE RESPONDENT LACKS THE ABILITY TO MEET ESSENTIAL14
REQUIREMENTS FOR HEALTH , SAFETY , OR WELFARE BECAUSE THE15
RESPONDENT IS UNABLE TO RECEIVE AND EVALUATE INFORMATION OR16
MAKE OR COMMUNICATE DECISIONS, EVEN WITH APPROPRIATE SUPPORTIVE17
SERVICES, TECHNOLOGICAL ASSISTANCE , OR SUPPORTED DECISION -18
MAKING; AND19
(b) THE RESPONDENT'S IDENTIFIED NEEDS CANNOT BE MET BY A20
LESS RESTRICTIVE ALTERNATIVE.21
(2) IF THE COURT MAKES THE FINDINGS PURSUANT TO SUBSECTION22
(1) OF THIS SECTION, THE COURT, INSTEAD OF APPOINTING A GUARDIAN ,23
MAY:24
(a) AUTHORIZE OR DIRECT A TRANSACTION NECESSARY TO MEET25
THE RESPONDENT'S NEED FOR HEALTH, SAFETY, OR CARE, INCLUDING:26
(I) A PARTICULAR MEDICAL TREATMENT OR REFUSAL OF A27
HB26-1100-49-
PARTICULAR MEDICAL TREATMENT;1
(II) A MOVE TO A SPECIFIED PLACE OF DWELLING; OR2
(III) V ISITATION OR SUPERVISED VISITATION BETWEEN THE3
RESPONDENT AND ANOTHER PERSON;4
(b) RESTRICT ACCESS TO THE RESPONDENT BY A SPECIFIED PERSON5
WHOSE ACCESS PLACES THE RESPONDENT AT SUBSTANTIAL RISK OF6
PHYSICAL, PSYCHOLOGICAL, OR FINANCIAL HARM; AND7
(c) ORDER OTHER ARRANGEMENTS ON A LIMITED BASIS THAT ARE8
APPROPRIATE.9
(3) IN DECIDING WHETHER TO ISSUE AN ORDER PURSUANT TO THIS10
SECTION, THE COURT SHALL CONSIDER THE FACTORS DESCRIBED IN11
SECTIONS 15-14-313 AND 15-14-314 THAT A GUARDIAN MUST CONSIDER12
WHEN MAKING A DECISION ON BEHALF OF AN ADULT SUBJECT TO13
GUARDIANSHIP.14
15-14-903. Petition for protective arrangement.15
(1) A PETITION FOR A PROTECTIVE ARRANGEMENT INSTEAD OF16
GUARDIANSHIP MUST STATE THE PETITIONER 'S NAME ; PRINCIPAL17
RESIDENCE; CURRENT STREET ADDRESS, IF DIFFERENT; RELATIONSHIP TO18
THE RESPONDENT ; INTEREST IN THE PROTECTIVE ARRANGEMENT ; THE19
NAME AND ADDRESS OF ANY ATTORNEY REPRESENTING THE PETITIONER;20
AND, TO THE EXTENT KNOWN, THE FOLLOWING:21
(a) T HE RESPONDENT 'S NAME ; AGE ; PRINCIPAL RESIDENCE ;22
CURRENT STREET ADDRESS, IF DIFFERENT; AND, IF DIFFERENT, ADDRESS OF23
THE DWELLING IN WHICH IT IS PROPOSED THE RESPONDENT WILL RESIDE IF24
THE PETITION IS GRANTED;25
(b) THE NAME AND ADDRESS OF THE RESPONDENT'S:26
(I) SPOUSE OR DOMESTIC PARTNER OR , IF THE RESPONDENT HAS27
HB26-1100-50-
NONE, AN ADULT WITH WHOM THE RESPONDENT HAS SHARED HOUSEHOLD1
RESPONSIBILITIES FOR MORE THAN SIX MONTHS IN THE TWELVE -MONTH2
PERIOD BEFORE THE FILING OF THE PETITION;3
(II) A DULT CHILDREN OR , IF NONE , EACH PARENT AND ADULT4
SIBLING OF THE RESPONDENT; AND5
(III) A DULT STEPCHILDREN WHOM THE RESPONDENT ACTIVELY6
PARENTED DURING THE STEPCHILDREN'S MINOR YEARS AND WITH WHOM7
THE RESPONDENT HAD AN ONGOING RELATIONSHIP IN THE TWO YEAR8
PERIOD IMMEDIATELY BEFORE THE FILING OF THE PETITION;9
(c) T HE NAME AND CURRENT ADDRESS OF EACH OF THE10
FOLLOWING, IF APPLICABLE:11
(I) A PERSON RESPONSIBLE FOR THE CARE OR CUSTODY OF THE12
RESPONDENT;13
(II) ANY ATTORNEY CURRENTLY REPRESENTING THE RESPONDENT;14
(III) T HE REPRESENTATIVE PAYEE APPOINTED BY THE SOCIAL15
SECURITY ADMINISTRATION FOR THE RESPONDENT;16
(IV) A GUARDIAN OR CONSERVATOR ACTING FOR THE RESPONDENT17
IN THIS STATE OR ANOTHER JURISDICTION;18
(V) A TRUSTEE OR CUSTODIAN OF A TRUST OR CUSTODIANSHIP OF19
WHICH THE RESPONDENT IS A BENEFICIARY;20
(VI) T HE FIDUCIARY APPOINTED FOR THE RESPONDENT BY THE21
DEPARTMENT OF VETERANS AFFAIRS;22
(VII) AN AGENT DESIGNATED UNDER A POWER OF ATTORNEY FOR23
HEALTH CARE IN WHICH THE RESPONDENT IS IDENTIFIED AS THE PRINCIPAL;24
(VIII) AN AGENT DESIGNATED UNDER A POWER OF ATTORNEY FOR25
FINANCES IN WHICH THE RESPONDENT IS IDENTIFIED AS THE PRINCIPAL;26
(IX) A PERSON NOMINATED AS GUARDIAN OR CONSERVATOR BY27
HB26-1100-51-
THE RESPONDENT IF THE RESPONDENT IS TWELVE YEARS OLD OR OLDER;1
(X) A PERSON NOMINATED AS GUARDIAN BY THE RESPONDENT 'S2
PARENT, SPOUSE , OR DOMESTIC PARTNER IN A WILL OR OTHER SIGNED3
RECORD;4
(XI) A MEMBER OF THE RESPONDENT'S SUPPORTIVE COMMUNITY;5
AND6
(XII) IF THE RESPONDENT IS A MINOR:7
(A) A N ADULT NOT OTHERWISE LISTED WITH WHOM THE8
RESPONDENT RESIDES; AND9
(B) E ACH PERSON NOT OTHERWISE LISTED THAT HAD PRIMARY10
CARE OR CUSTODY OF THE RESPONDENT FOR AT LEAST SIXTY DAYS DURING11
THE TWO YEARS IMMEDIATELY BEFORE THE FILING OF THE PETITION OR12
FOR AT LEAST SEVEN HUNDRED AND THIRTY DAYS DURING THE FIVE YEARS13
IMMEDIATELY BEFORE THE FILING OF THE PETITION;14
(d) THE NATURE OF THE PROTECTIVE ARRANGEMENT SOUGHT;15
(e) T HE REASON THE PROTECTIVE ARRANGEMENT SO UGHT IS16
NECESSARY, INCLUDING A BRIEF DESCRIPTION OF:17
(I) T HE NATURE AND EXTENT OF THE RESPONDENT 'S ALLEGED18
NEED;19
(II) A NY LESS RESTRICTIVE ALTERNATIVE FOR MEETING THE20
RESPONDENT'S ALLEGED NEED WHICH HAS BEEN CONSIDERED OR21
IMPLEMENTED;22
(III) IF NO LESS RESTRICTIVE ALTERNATIVE HAS BEEN CONSIDERED23
OR IMPLEMENTED, THE REASON LESS RESTRICTIVE ALTERNATIVES HAVE24
NOT BEEN CONSIDERED OR IMPLEMENTED; AND25
(IV) THE REASON OTHER LESS RESTRICTIVE ALTERNATIVES ARE26
INSUFFICIENT TO MEET THE RESPONDENT'S ALLEGED NEED;27
HB26-1100-52-
(f) THE NAME AND CURRENT ADDRESS, IF KNOWN, OF ANY PERSON1
WITH WHOM THE PETITIONER SEEKS TO LIMIT THE RESPONDENT 'S2
CONTACT;3
(g) W HETHER THE RESPONDENT NEEDS AN INTERPRETER ,4
TRANSLATOR, OR OTHER FORM OF SUPPORT TO COMMUNICATE5
EFFECTIVELY WITH THE COURT OR TO UNDERSTAND COURT PROCEEDINGS;6
AND7
(h) IF A PROTECTIVE ARRANGEMENT INSTEAD OF GUARDIANSHIP IS8
SOUGHT AND THE RESP ONDENT HAS PROPERTY OTHER T HAN PERSONAL9
EFFECTS, A GENERAL STATEMENT OF THE RESPONDENT'S PROPERTY WITH10
AN ESTIMATE OF ITS VALUE, INCLUDING ANY INSURANCE OR PENSION, AND11
THE SOURCE AND AMOUNT OF ANY OTHER ANTICIPATED INCOME OR12
RECEIPTS.13
15-14-904. Notice and hearing.14
(1) ON FILING OF A PETITION PURSUANT TO SECTION 15-14-901,15
THE COURT SHALL SET A DATE, TIME, AND PLACE FOR A HEARING ON THE16
PETITION.17
(2) A COPY OF A PETITION DESCRIBED IN SECTION 15-14-901 AND18
NOTICE OF A HEARING ON THE PETITION MUST BE SERVED PERSONALLY ON19
THE RESPONDENT . THE NOTICE MUST INFORM THE RESPONDENT OF THE20
RESPONDENT'S RIGHTS AT THE HEARING , INCLUDING THE RIGHT TO AN21
ATTORNEY AND TO ATTEND THE HEARING. THE NOTICE MUST INCLUDE A22
DESCRIPTION OF THE NATURE , PURPOSE , AND CONSEQUENCES OF23
GRANTING THE PETITION. THE COURT SHALL NOT GRANT THE PETITION IF24
NOTICE SUBSTANTIALLY COMPLYING WITH THIS SUBSECTION (2) IS NOT25
SERVED ON THE RESPONDENT.26
(3) IN A PROCEEDING ON A PETITION HELD PURSUANT TO SECTION27
HB26-1100-53-
15-14-901, THE NOTICE REQUIRED PURSUANT TO SUBSECTION (2) OF THIS1
SECTION MUST BE GIVEN , PURSUANT TO SECTION 15-10-401, TO THE2
PERSONS REQUIRED TO BE LISTED IN THE PETITION PURSUANT TO SECTION3
15-14-903 (1) TO (3) AND ANY OTHER PERSON INTERESTED IN THE4
WELFARE OF THE RESPONDENT THE COURT DETERMINES. FAILURE TO GIVE5
NOTICE, AS DESCRIBED IN SECTION 15-10-401, PURSUANT TO THIS6
SUBSECTION (3) DOES NOT PRECLUDE THE COURT FROM GRANTING THE7
PETITION.8
(4) IF A PETITION FILED PURSUANT TO SECTION 15-14-904 DOES9
NOT INCLUDE THE NAME OF AT LEAST ONE PERSON DESCRIBED IN SECTION10
15-14-904 (1)(b), THE PETITIONER MUST SEARCH WITH REASONABLE11
DILIGENCE FOR AN ADULT RELATIVE OF THE RESPONDENT AND , IF AN12
ADULT RELATIVE IS FOUND , GIVE THE ADULT RELATIVE NOTICE , IN13
ACCORDANCE WITH SECTION 15-10-401, THAT A PETITION FOR A14
PROTECTIVE ARRANGEMENT OF THE RESPONDENT HAS BEEN FILED AND15
GIVE NOTICE OF A HEARING ON THE PETITION . THE NOTICE SENT TO THE16
ADULT RELATIVE OF THE RESPONDENT MUST NOT INCLUDE A COPY OF THE17
PETITION. FAILURE TO GIVE NOTICE PURSUANT TO THIS SUBSECTION (4)18
DOES NOT PRECLUDE THE COURT FROM APPOINTING A PROTECTIVE19
ARRANGEMENT.20
(5) AFTER THE COURT HAS ORDERED A PROTECTIVE ARRANGEMENT21
PURSUANT TO THIS PART 9, NOTICE OF A HEARING ON A PETITION FILED22
PURSUANT TO THIS ARTICLE 14, TOGETHER WITH A COPY OF THE PETITION,23
MUST BE GIVEN TO THE RESPONDENT AND ANY OTHER PERSON THE COURT24
DETERMINES.25
15-14-905. Appointment and role of visitor.26
(1) ON FILING OF A PETITION PURSUANT TO SECTION 15-14-901 FOR27
HB26-1100-54-
A PROTECTIVE ARRANGEMENT INSTEAD OF GUARDIANSHIP, THE COURT1
SHALL APPOINT A VISITOR . THE COURT SHALL DISCLOSE IN THE ORDER2
APPOINTING THE VISITOR THE SPECIFIC TRAINING OR EXPERIENCE THE3
VISITOR HAS WITH RESPECT TO THE TYPE OF ABILITIES, LIMITATIONS, AND4
NEEDS OF THE RESPONDENT ALLEGED IN THE PETITION AND THE BASIS FOR5
FEES TO BE PAID TO THE VISITOR.6
(2) A VISITOR APPOINTED PURSUANT TO SUBSECTION (1) OF THIS7
SECTION SHALL INTERVIEW THE RESPONDENT IN PERSON AND , IN A8
MANNER THE RESPONDENT IS BEST ABLE TO UNDERSTAND:9
(a) E XPLAIN TO THE RESPONDENT THE SUBSTANCE OF THE10
PETITION, THE NATURE , PURPOSE, AND EFFECT OF THE PROCEEDING AND11
THE RESPONDENT'S RIGHTS AT THE HEARING ON THE PETITION;12
(b) DETERMINE THE RESPONDENT'S VIEWS WITH RESPECT TO THE13
ORDER SOUGHT;14
(c) I NFORM THE RESPONDENT OF THE RESPONDENT 'S RIGHT TO15
EMPLOY AND CONSULT WITH AN ATTORNEY AT THE RESPONDENT 'S16
EXPENSE AND THE RIGHT TO REQUEST A COURT-APPOINTED ATTORNEY;17
(d) INFORM THE RESPONDENT THAT ALL COSTS AND EXPENSES OF18
THE PROCEEDING , INCLUDING RESPONDENT 'S ATTORNEY FEES , MAY BE19
PAID FROM THE RESPONDENT'S ASSETS;20
(e) I F THE PETITIONER SEEKS AN ORDER RELATED TO THE21
DWELLING OF THE RESPONDENT , VISIT THE RESPONDENT 'S PRESENT22
DWELLING AND ANY DWELLING IN WHICH IT IS REASONABLY BELIEVED THE23
RESPONDENT IS PROPOSED TO RESIDE IF THE ORDER IS GRANTED;24
(f) IF A PROTECTIVE ARRANGEMENT INSTEAD OF GUARDIANSHIP IS25
SOUGHT, OBTAIN INFORMATION FROM ANY PHYSICIAN OR OTHER PERSON26
KNOWN TO HAVE TREATED , ADVISED, OR ASSESSED THE RESPONDENT 'S27
HB26-1100-55-
RELEVANT PHYSICAL OR MENTAL CONDITION; AND1
(g) I NVESTIGATE THE ALLEGATIONS IN THE PETITION AND ANY2
OTHER MATTER RELATING TO THE PETITION THE COURT DETERMINES.3
(3) A VISITOR DESCRIBED IN THIS SECTION PROMPTLY SHALL FILE4
A REPORT IN A RECORD WITH THE COURT, WHICH MUST INCLUDE:5
(a) A RECOMMENDATION WHETHER AN ATTORNEY MUST BE6
APPOINTED TO REPRESENT THE RESPONDENT;7
(b) T O THE EXTENT RELEVANT TO THE ORDER SOUGHT , A8
SUMMARY OF SELF -CARE, INDEPENDENT-LIVING TASKS, AND FINANCIAL9
MANAGEMENT TASKS THE RESPONDENT:10
(I) C AN MANAGE WITHOUT ASSISTANCE OR WITH EXISTING11
SUPPORTS;12
(II) C OULD MANAGE WITH THE ASSISTANCE OF APPROPRIATE13
SUPPORTIVE SERVICES , TECHNOLOGICAL ASSISTANCE , OR SUPPORTED14
DECISION-MAKING; AND15
(III) CANNOT MANAGE;16
(c) A RECOMMENDATION REGARDING THE APPROPRIATENESS OF17
THE PROTECTIVE ARRANGEMENT SOUGHT AND WHETHER A LESS18
RESTRICTIVE ALTERNATIVE FOR MEETING THE RESPONDENT 'S NEEDS IS19
AVAILABLE;20
(d) IF THE PETITION SEEKS TO CHANGE THE PHYSICAL LOCATION OF21
THE DWELLING OF THE RESPONDENT , A STATEMENT WHETHER THE22
PROPOSED DWELLING MEETS THE RESPONDENT'S NEEDS AND WHETHER THE23
RESPONDENT HAS EXPRESSED A PREFERENCE AS TO THE RESPONDENT 'S24
DWELLING;25
(e) A RECOMMENDATION WHETHER A PROFESSIONAL EVALUATION26
ORDERED PURSUANT TO SECTION 15-14-907 IS NECESSARY;27
HB26-1100-56-
(f) A STATEMENT WHETHER THE RESPONDENT IS ABLE TO ATTEND1
A HEARING AT THE LOCATION COURT PROCEEDINGS TYPICALLY ARE HELD;2
(g) A STATEMENT WHETHER THE RESPONDENT IS ABLE TO3
PARTICIPATE IN A HEARING AND THAT IDENTIFIES ANY TECHNOLOGY OR4
OTHER FORM OF SUPPORT THAT WOULD ENHANCE THE RESPONDENT 'S5
ABILITY TO PARTICIPATE; AND6
(h) ANY OTHER MATTER THE COURT DETERMINES.7
15-14-906. Appointment and role of attorney.8
(1) THE COURT SHALL APPOINT AN ATTORNEY TO REPRESENT THE9
RESPONDENT IN A PROCEEDING HELD PURSUANT TO THIS PART 9 IF:10
(a) THE RESPONDENT REQUESTS THE APPOINTMENT;11
(b) THE VISITOR RECOMMENDS THE APPOINTMENT; OR12
(c) T HE COURT DETERMINES THE RESPONDENT NEEDS13
REPRESENTATION.14
(2) A N ATTORNEY REPRESENTING THE RESPONDENT IN A15
PROCEEDING HELD PURSUANT TO THIS PART 9 SHALL:16
(a) MAKE REASONABLE EFFORTS TO ASCERTAIN THE RESPONDENT'S17
WISHES;18
(b) A DVOCATE FOR THE RESPONDENT 'S WISHES TO THE EXTENT19
REASONABLY ASCERTAINABLE; AND20
(c) I F THE RESPONDENT 'S WISHES ARE NOT REASONABLY21
ASCERTAINABLE, ADVOCATE FOR THE RESULT THAT IS THE LEAST22
RESTRICTIVE ALTERNATIVE IN TYPE, DURATION, AND SCOPE, CONSISTENT23
WITH THE RESPONDENT'S INTERESTS.24
15-14-907. Professional evaluation.25
(1) AT OR BEFORE A HEARING ON A PETITION HELD PURSUANT TO26
THIS PART 9 FOR A PROTECTIVE ARRANGEMENT, THE COURT SHALL ORDER27
HB26-1100-57-
A PROFESSIONAL EVALUATION OF THE RESPONDENT:1
(a) IF THE RESPONDENT REQUESTS THE EVALUATION; OR2
(b) I N OTHER CASES , UNLESS THE COURT FINDS THAT IT HAS3
SUFFICIENT INFORMATION TO DETERMINE THE RESPONDENT'S NEEDS AND4
ABILITIES WITHOUT THE EVALUATION.5
(2) I F THE COURT ORDERS AN EVALUATION PURSUANT TO6
SUBSECTION (1) OF THIS SECTION, THE RESPONDENT MUST BE EXAMINED7
BY A LICENSED PHYSICIAN , PSYCHOLOGIST, SOCIAL WORKER, OR OTHER8
INDIVIDUAL APPOINTED BY THE COURT WHO IS QUALIFIED TO EVALUATE9
THE RESPONDENT'S ALLEGED COGNITIVE AND FUNCTIONAL ABILITIES AND10
LIMITATIONS AND IS NOT ADVANTAGED OR DISADVANTAGED BY A11
DECISION TO GRANT THE PETITION OR OTHERWISE DOES NOT HAVE A12
CONFLICT OF INTEREST. THE INDIVIDUAL CONDUCTING THE EVALUATION13
PROMPTLY SHALL FILE A REPORT IN A RECORD WITH THE COURT. UNLESS14
OTHERWISE DIRECTED BY THE COURT, THE REPORT MUST CONTAIN:15
(a) A DESCRIPTION OF THE NATURE , TYPE, AND EXTENT OF THE16
RESPONDENT'S COGNITIVE AND FUNCTIONAL ABILITIES AND LIMITATIONS;17
(b) AN EVALUATION OF THE RESPONDENT'S MENTAL AND PHYSICAL18
CONDITION AND, IF APPROPRIATE , EDUCATIONAL POTENTIAL , ADAPTIVE19
BEHAVIOR, AND SOCIAL SKILLS;20
(c) A PROGNOSIS FOR IMPROVEMENT, INCLUDING WITH REGARD TO21
THE ABILITY TO MANAGE THE RESPONDENT 'S PROPERTY AND FINANCIAL22
AFFAIRS IF A LIMITATION IN THAT ABILITY IS ALLEGED , AND A23
RECOMMENDATION FOR THE APPROPRIATE TREATMENT , SUPPORT , OR24
HABILITATION PLAN; AND25
(d) T HE DATE OF THE EXAMINATION ON WHICH THE REPORT IS26
BASED.27
HB26-1100-58-
(3) T HE RESPONDENT MAY DECLINE TO PARTICIPATE IN AN1
EVALUATION ORDERED PURSUANT TO SUBSECTION (1) OF THIS SECTION.2
15-14-908. Attendance and rights at hearing.3
(1) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2) OF THIS4
SECTION, A HEARING HELD PURSUANT TO THIS PART 9 MUST NOT PROCEED5
UNLESS THE RESPONDENT ATTENDS THE HEARING . IF IT IS NOT6
REASONABLY FEASIBLE FOR THE RESPONDENT TO ATTEND A HEARING AT7
THE LOCATION COURT PROCEEDINGS TYPICALLY ARE HELD , THE COURT8
SHALL HOLD A HEARING USING REAL -TIME AUDIO-VISUAL TECHNOLOGY9
OR, AT THE COURT'S DISCRETION, HOLD THE HEARING AT AN ALTERNATIVE10
LOCATION WHERE THE RESPONDENT CAN ATTEND USING REAL -TIME11
AUDIO-VISUAL TECHNOLOGY.12
(2) A HEARING HELD PURSUANT TO THIS PART 9 MAY PROCEED13
WITHOUT THE RESPONDENT IN ATTENDANCE IF THE COURT FINDS BY CLEAR14
AND CONVINCING EVIDENCE THAT:15
(a) T HE RESPONDENT HAS REFUSE D TO ATTEND THE HEARING16
AFTER HAVING BEEN FULLY INFORMED OF THE RIGHT TO ATTEND AND THE17
POTENTIAL CONSEQUENCES OF FAILING TO DO SO;18
(b) T HERE IS NO PRACTICABLE WAY FOR THE RESPONDENT TO19
ATTEND AND PARTICIPATE IN THE HEARING EVEN WITH APPROPRIATE20
SUPPORTIVE SERVICES AND TECHNOLOGICAL ASSISTANCE; OR21
(c) T HE RESPONDENT IS A MINOR WHO HAS RECEIVED PROPER22
NOTICE AND ATTENDANCE WOULD BE HARMFUL TO THE MINOR.23
(3) T HE RESPONDENT MAY BE ASSISTED IN A HEARING HELD24
PURSUANT TO THIS PART 9 BY A PERSON OR PERSONS OF THE RESPONDENT'S25
CHOOSING, ASSISTIVE TECHNOLOGY, OR AN INTERPRETER OR TRANSLATOR,26
OR A COMBINATION OF THESE SUPPORTS . IF ASSISTANCE WOULD27
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FACILITATE THE RESPONDENT 'S PARTICIPATION IN THE HEARING , BUT IS1
NOT OTHERWISE AVAILABLE TO THE RESP ONDENT, THE COURT SHALL2
MAKE REASONABLE EFFORTS TO PROVIDE THE ASSISTANCE.3
(4) THE RESPONDENT HAS A RIGHT TO CHOOSE AN ATTORNEY TO4
REPRESENT THE RESPONDENT AT A HEARING HELD PURSUANT TO THIS PART5
9.6
(5) A T A HEARING HELD PURSUANT TO THIS PART 9, THE7
RESPONDENT MAY:8
(a) P RESENT EVIDENCE AND SUBPOENA WITNESSES AND9
DOCUMENTS;10
(b) E XAMINE WITNESSES , INCLUDING ANY COURT -APPOINTED11
EVALUATOR AND THE VISITOR; AND12
(c) OTHERWISE PARTICIPATE IN THE HEARING.13
(6) A HEARING HELD PURSUANT TO THIS PART 9 MUST BE CLOSED14
ON REQUEST OF THE RESPONDENT AND ON A SHOWING OF GOOD CAUSE.15
(7) A NY PERSON MAY REQUEST TO PARTICIPATE IN A HEARING16
HELD PURSUANT TO THIS PART 9. THE COURT MAY GRANT THE REQUEST,17
WITH OR WITHOUT A HEARING, ON DETERMINING THAT THE BEST INTEREST18
OF THE RESPONDENT IS SERVED . THE COURT MAY IMPOSE APPROPRIATE19
CONDITIONS ON THE PERSON'S PARTICIPATION.20
15-14-909. Notice of order.21
THE COURT SHALL GIVE NOTICE, PURSUANT TO SECTION 15-10-401,22
OF AN ORDER ISSUED PURSUANT TO THIS PART 9 TO THE INDIVIDUAL WHO23
IS SUBJECT TO THE PROTECTIVE ARRANGEMENT INSTEAD OF24
GUARDIANSHIP, A PERSON WHOSE ACCESS TO THE INDIVIDUAL IS25
RESTRICTED BY THE ORDER , AND ANY OTHER PERSON THE COURT26
DETERMINES.27
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15-14-910. Confidentiality of records.1
THE COURT SHALL COMPLY WITH THE ADMINISTRATIVE RULES2
ADOPTED BY THE JUDICIAL DEPARTMENT CONCERNING THE3
CONFIDENTIALITY OF COURT RECORDS.4
SECTION 5. In Colorado Revised Statutes, repeal 15-14-101.5
SECTION 6. In Colorado Revised Statutes, 13-5-142, amend6
(3)(b)(I) as follows:7
13-5-142. National instant criminal background check system8
- reporting.9
(3) The state court administrator shall take all necessary steps to10
cancel a record made by the state court administrator in the national11
instant criminal background check system if:12
(b) No less than three years before the date of the written request:13
(I) The court entered an order pursuant to section 15-14-318,14
C.R.S. SECTION 15-14-319, terminating a guardianship on a finding that15
the person is no longer an incapacitated person, if the record in the16
national instant criminal background check system is based on a finding17
of incapacity;18
SECTION 7. In Colorado Revised Statutes, 13-9-123, amend19
(3)(b)(I) as follows:20
13-9-123. National instant criminal background check system21
- reporting.22
(3) The state court administrator shall take all necessary steps to23
cancel a record made by the state court administrator in the national24
instant criminal background check system if:25
(b) No less than three years before the date of the written request:26
(I) The court entered an order pursuant to section 15-14-318,27
HB26-1100-61-
C.R.S. SECTION 15-14-319, terminating a guardianship on a finding that1
the person is no longer an incapacitated person, if the record in the2
national instant criminal background check system is based on a finding3
of incapacity;4
SECTION 8. In Colorado Revised Statutes, 14-10-107, amend5
(3) as follows:6
14-10-107. Commencement - pleadings - abolition of existing7
defenses - automatic, temporary injunction - enforcement.8
(3) Either or both parties PARTY to the marriage may initiate the9
proceeding. In addition, a legal guardian, with court approval pursuant to10
section 15-14-315.5, C.R.S. SECTION 15-14-314 (3), or a conservator, with11
court approval pursuant to section 15-14-425.5, C.R.S., may initiate the12
proceeding. If a legal guardian or conservator initiates the proceeding, the13
legal guardian or conservator shall MUST receive notice in the same14
manner as the parties to the proceeding.15
SECTION 9. In Colorado Revised Statutes, 15-10-201, amend16
(26) as follows:17
15-10-201. General definitions.18
Subject to additional definitions contained in this article 10 and the19
subsequent articles that are applicable to specific articles, parts, or20
sections, and unless the context otherwise requires, in this code:21
(26) "Informal proceedings" means those conducted without22
notice to interested persons by an officer of the court acting as a registrar23
for probate of a will, appointment of a personal representative, or24
determination of a guardian under sections 15-14-202 and 15-14-30125
SECTIONS 15-14-202, 15-14-301, AND 15-14-302.26
SECTION 10. In Colorado Revised Statutes, 15-10-602, amend27
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(6) and (9) as follows:1
15-10-602. Recovery of reasonable compensation and costs.2
(6) Except as provided in sections 15-10-605 (2), (3), and (4)3
15-14-318 (4); and 15-14-431 (5), if any A fiduciary or person with4
priority for appointment as personal representative, conservator, guardian,5
agent, custodian, or trustee defends or prosecutes a proceeding in good6
faith, whether successful or not, the fiduciary or person is entitled to7
receive from the estate reimbursement for reasonable costs and8
disbursements, including but not limited to reasonable attorney fees.9
(9) Every application or petition for appointment of a fiduciary10
filed under this code, including without limitation those required under11
sections 15-12-301, 15-12-402, 15-12-614, 15-12-621, 15-12-622,12
15-14-202, 15-14-204, 15-14-304 15-14-302, and 15-14-403, shall MUST13
include a statement by the applicant or petitioner disclosing the basis14
upon which any compensation is to be charged to the estate by the15
fiduciary and his or her or its THE FIDUCIARY'S counsel or shall MUST state16
that the basis has not yet been determined. The disclosure statement shall17
MUST specifically describe, as is applicable, the hourly rates to be18
charged, any amounts to be charged pursuant to a published fee schedule,19
including the rates and basis for charging fees for any extraordinary20
services, and any other bases upon which a fee charged to the estate will21
be calculated. This disclosure obligation shall be IS continuing in nature22
so as to require AND REQUIRES supplemental disclosures if material23
changes to the basis for charging fees take place.24
SECTION 11. In Colorado Revised Statutes, 15-14-110, amend25
(1) introductory portion and (1)(e) as follows:26
15-14-110. Letters of office.27
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(1) A nominee for guardian, emergency guardian, conservator, or1
special conservator shall file an acceptance of office with the court. The2
acceptance of office shall MUST be signed by the nominee and, except as3
otherwise provided in this section, shall MUST include a statement by the4
nominee informing the court of the following:5
(e) That the nominee acknowledges and understands that if the6
nominee fails to file required reports with the court or fails to respond to7
an order of the court to show cause why the nominee should not be held8
in contempt of court, Colorado law authorizes the court to access data and9
records of state agencies in order to obtain contact information, as defined10
in sections 15-14-317 (4)(c) and SECTION 15-14-420 (6)(c).11
SECTION 12. In Colorado Revised Statutes, 15-14-113.5,12
amend (1), (2) introductory portion, (2)(a), (4) introductory portion, and13
(4)(c) as follows:14
15-14-113.5. Appointments without notice - investigation -15
report - procedures.16
(1) A visitor appointed pursuant to section 15-14-312 (5) or17
15-14-412 (3)(b) OR 15-14-905 must be a person who has such THE18
training as the court deems appropriate.19
(2) A visitor appointed pursuant to section 15-14-312 (5) or20
15-14-412 (3)(b) shall interview the respondent in person and, to the21
extent that the respondent is able to understand:22
(a) Explain to the respondent the substance of the petition; the23
nature, purpose, and effect of the proceeding; the respondent's right to a24
hearing pursuant to section 15-14-312 (2) SECTION 15-14-312 (4), if25
applicable; and the powers and duties of the emergency guardian or26
special conservator;27
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(4) The visitor shall promptly file a report in writing with the court1
which must include THAT INCLUDES:2
(c) Recommendations on whether any A member of the supportive3
community should be granted permission to participate in the proceedings4
pursuant to section 15-14-308 (2) SECTION 15-14-307 (8) or 15-10-2015
(27);6
SECTION 13. In Colorado Revised Statutes, 15-14-501, amend7
(1) as follows:8
15-14-501. When power of attorney not affected by disability.9
(1) Whenever I F a principal designates another his THE10
PRINCIPAL'S attorney-in-fact or agent by a power of attorney in writing11
and the writing contains the words "This power of attorney shall not be12
affected by disability of the principal." or "This power of attorney shall13
become effective upon the disability of the principal." or similar words14
showing the intent of the principal that the authority conferred shall be15
exercisable notwithstanding his THE PRINCIPAL'S disability, the authority16
of the attorney-in-fact or agent is exercisable by him as provided in the17
power on behalf of the principal notwithstanding later disability or18
incapacity of the principal at law or later uncertainty as to whether the19
principal is dead or alive. The authority of the attorney-in-fact or agent to20
act on behalf of the principal shall MUST be set forth in the power and21
may relate to any act, power, duty, right, or obligation which THAT the22
principal has or after acquires relating to the principal or any matter,23
transaction, or property, real or personal, tangible or intangible. The24
authority of the agent with regard to medical treatment decisions on25
behalf of a principal is set forth in sections 15-14-503 to 15-14-509. The26
attorney-in-fact or agent, however, is subject to the same limitations27
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imposed upon court-appointed guardians contained in section 15-14-312.1
(1)(a). Additionally, the principal may expressly empower his THE2
PRINCIPAL'S attorney-in-fact or agent to renounce and disclaim interests3
and powers, to make gifts, in trust or otherwise, and to release and4
exercise powers of appointment. All acts done by the attorney-in-fact or5
agent pursuant to the power during any period of disability or6
incompetence or uncertainty as to whether the principal is dead or alive7
have the same effect and inure to the benefit of and bind the principal or8
his THE PRINCIPAL'S heirs, devisees, and personal representative as if the9
principal were alive, competent, and not disabled. If a guardian or10
conservator thereafter is appointed for the principal, the attorney-in-fact11
or agent, during the continuance of the appointment, shall MUST consult12
with the guardian on matters concerning the principal's personal care or13
account to the conservator on matters concerning the principal's financial14
affairs. The conservator has the same power the principal would have had15
if he THE PRINCIPAL were not disabled or incompetent to revoke, suspend,16
or terminate all or any part of the power of attorney or agency as it relates17
to financial matters. Subject to any limitation or restriction of the18
guardian's powers or duties set forth in the order of appointment and19
endorsed on the letters of guardianship, a guardian has the same power to20
revoke, suspend, or terminate all or any part of the power of attorney or21
agency as it relates to matters concerning the principal's personal care that22
the principal would have had if the principal were not disabled or23
incompetent, except with respect to medical treatment decisions made by24
an agent pursuant to sections 15-14-506 to 15-14-509; however, such25
THIS exception shall DOES not preclude a court from removing an agent26
in the event an agent becomes incapacitated, or is unwilling or unable to27
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serve as an agent.1
SECTION 14. In Colorado Revised Statutes, 15-14.5-102,2
amend the introductory portion and (3) as follows:3
15-14.5-102. Definitions.4
AS USED in this article 14.5, UNLESS THE CONTEXT OTHERWISE5
REQUIRES:6
(3) "Guardian" means a person appointed by the court to make7
decisions regarding the person of an adult, including a person appointed8
under section 15-14-301 PURSUANT TO SECTIONS 15-14-301 AND9
15-14-302.10
SECTION 15. In Colorado Revised Statutes, 27-65-103, amend11
(1) as follows:12
27-65-103. Voluntary applications for mental health services.13
(1) Nothing in this article 65 in any way limits the right of any A14
person to make a voluntary application at any time to any A public or15
private agency or professional person for mental health services, either by16
direct application in person or by referral from any other public or private17
agency or professional person. Subject to section 15-14-316 (4) SECTION18
15-14-315 (2), a ward, as defined in section 15-14-102 (15), may be19
admitted to a hospital or institutional care and treatment for a mental20
health disorder with the guardian's consent for as long as IF the ward21
agrees to such THE care and treatment. The guardian shall immediately22
notify in writing the court that appointed the guardian of the admission.23
SECTION 16. Act subject to petition - effective date. This act24
takes effect at 12:01 a.m. on the day following the expiration of the25
ninety-day period after final adjournment of the general assembly (August26
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a27
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referendum petition is filed pursuant to section 1 (3) of article V of the1
state constitution against this act or an item, section, or part of this act2
within such period, then the act, item, section, or part will not take effect3
unless approved by the people at the general election to be held in4
November 2026 and, in such case, will take effect on the date of the5
official declaration of the vote thereon by the governor.6
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