§ 15-14-801. Legislative Declaration
The general assembly finds and declares that: Guardianship constitutes one of the most restrictive options available to adults with disabilities and their families; Guardianship should be employed only when a less restrictive alternative would fail to meet the needs of the adult with a disability; Adults with disabilities are presumed competent and have the capacity […]
§ 15-14-802. Definitions
As used in this part 8, unless the context otherwise requires: “Adult” means an individual who is eighteen years of age or older, or an emancipated minor. “Assist” means helping an adult with a disability weigh the pros and cons of a decision and understand the possible outcomes of making such a decision. “Disability” means […]
§ 15-14-803. Supported Decision-Making Agreement – Term
An adult with a disability may voluntarily, without undue influence or coercion, enter into a supported decision-making agreement with one or more members of the supportive community. The supported decision-making agreement does not adversely affect the decision-making authority granted to a court-appointed guardian or court-appointed conservator. Under the agreement, the adult with a disability may […]
§ 15-14-804. Access to Personal Information
The member of the supportive community may only assist the adult with a disability in accessing, collecting, or obtaining information that is relevant to a decision made pursuant to the supported decision-making agreement and only when such assistance is specifically requested by the adult with a disability. If the member of the supportive community assists […]
§ 15-14-805. Agreement Requirements – Signature – Witnesses or Notary Public
A supported decision-making agreement may be in any form but is valid only if it contains, at a minimum, the following: The name of the adult with a disability; The name, address, phone number, and e-mail address of the member of the supportive community, if applicable; A list of decisions the adult with a disability […]
§ 15-14-806. Reliance on Agreement – Limitation of Liability
A person who receives the original or a copy of the supported decision-making agreement shall rely on the agreement and its authority to assist as presented. A person is not subject to criminal or civil liability and does not engage in professional misconduct for an act or omission if the act or omission is done […]
§ 15-14-740. Gifts
In this section, a gift “for the benefit of” a person includes a gift to a trust, an account under the federal “Uniform Transfers to Minors Act”, and a tuition savings account or prepaid tuition plan as defined under Internal Revenue Code section 529, 26 U.S.C. sec. 529, as amended. Unless the power of attorney […]
§ 15-14-741. Statutory Form – Power of Attorney
A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this part 7. STATE OF COLORADO STATUTORY FORM POWER OF ATTORNEY IMPORTANT INFORMATION This power of attorney authorizes another person (your agent) to make decisions concerning your property for […]
§ 15-14-726. Construction of Authority Generally
Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in sections 15-14-727 to 15-14-740 or that grants to an agent authority to do all acts that a principal could do pursuant to section 15-14-724 (3), a principal authorizes the agent, with respect […]
§ 15-14-742. Certification
The following optional form may be used by an agent to certify facts concerning a power of attorney. AGENT’S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT’S AUTHORITY State of __________________________________ County of __________________________________ I, __________________________________ (Name of agent), certify under penalty of perjury that __________________________________ (Name of principal) granted me authority […]