The bill proposes significant reforms to Colorado's guardianship and conservatorship laws by enacting the "Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act," replacing the previous "Uniform Guardianship and Protective Proceedings Act." Key provisions include:
Guidance for Decision-Making: Clarifies the responsibilities of guardians and conservators, emphasizing that decisions made on behalf of individuals under guardianship or conservatorship should prioritize the individual's preferences and values.
Preference for Less Restrictive Alternatives: Encourages the use of protective arrangements and less restrictive alternatives, such as supported decision-making and technological assistance, over full guardianship or conservatorship when appropriate.
Enhanced Procedural Rights: Expands the rights of respondents in guardianship and conservatorship proceedings to ensure such measures are imposed only when absolutely necessary.
Improved Monitoring and Oversight: Strengthens the monitoring of guardians and conservators to ensure adherence to fiduciary duties and to prevent exploitation.
Visitation and Communication Protections: Establishes rights for individuals under guardianship or conservatorship to maintain communication and visitation with third parties, limiting a guardian's ability to restrict such interactions.
Safeguards Against Exploitation: Allows courts to restrict access to a respondent or their property by specific individuals without imposing full guardianship or conservatorship, aiming to protect vulnerable persons from potential exploitation.
Limitations on Full Guardianship or Conservatorship: Prohibits courts from establishing full guardianships or conservatorships if a limited arrangement would suffice, requiring petitioners to justify the need for full measures and mandating courts to provide findings supporting such decisions.
Provisions for Minors: Updates guidelines concerning minors under guardianship, ensuring their involvement in decisions affecting them.
Property Management Guidance: Offers direction for managing the property of individuals under guardianship or conservatorship, aligning with fiduciary responsibilities.
Standardized Forms: Introduces model forms for petitioners and respondents to streamline the filing process in court proceedings.
These reforms aim to modernize Colorado's approach to guardianship and conservatorship, promoting autonomy and safeguarding the rights of individuals requiring assistance.
Summary
Colorado Commission on Uniform State Laws. The bill repeals
the Uniform Guardianship and Protective Proceedings Act and enacts the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act, drafted by the uniform law commission.
The bill provides guidance for guardians and conservators and
clarifies how appointees must make decisions on behalf of a person under guardianship or conservatorship.
The bill encourages the use of protective arrangements and less
restrictive alternatives instead of conservatorship or guardianship if a person's needs can be met with support services and technology.
The bill expands the procedural rights for respondents to ensure
that guardianships and conservatorships are only imposed when necessary.
The bill provides for expanded monitoring of guardians and
conservators to ensure compliance with fiduciary duties and prevent exploitation.
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 provides for protections to prevent exploitation of
vulnerable individuals by allowing the court to restrict access to the respondent or the respondent's property by a specified person without imposing a guardianship or conservatorship.
The bill prohibits courts from establishing full guardianship or
conservatorship if a limited guardianship or conservatorship would meet the respondent's needs, requires a petitioner seeking full guardianship or conservatorship to provide support to justify full guardianship or conservatorship, and requires courts to provide findings to support the imposition of full guardianship or conservatorship.
The bill updates provisions concerning minors subject to
guardianship and provides for involvement of a minor in decisions that involve the minor.
The bill provides guidance for property management for
individuals subject to guardianship.
The bill contains model forms for petitioners and respondents to
use when filing petitions and notice with the court.
