SB 24-136

Abstract

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. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)