§ 13-94-101. Short Title

The short title of this article 94 is the “Office of Public Guardianship Act”. Source: L. 2017: Entire article added, (HB 17-1087), ch. 319, p. 1714, § 1, effective June 5.

§ 13-94-102. Legislative Declaration

The general assembly finds and declares that: Due to incapacity, some adults in Colorado are unable to meet essential requirements for their health or personal care; Private guardianship is not an option for such an adult when: No responsible family members or friends are available and appropriate to serve as a guardian; and He or […]

§ 13-94-103. Definitions

Except as otherwise indicated in this section, the definitions set forth in section 15-14-102 apply to this article 94. As used in this article 94, unless the context otherwise requires: “Commission” means the public guardianship commission created pursuant to section 13-94-104. “Direct care provider” means a health-care facility, as defined in section 15-14-505 (5), or […]

§ 13-94-104. Public Guardianship Commission Created – Office of Public Guardianship Created – Appointment of Director – Memorandum of Understanding

The public guardianship commission is hereby created within the judicial department. The commission includes five members, to be appointed as follows: On or before November 1, 2017, the Colorado supreme court shall appoint three members, no more than one of whom is from the same political party. Two of the supreme court’s appointees must be […]

§ 13-94-105. Office of Public Guardianship – Duties – Report

The director shall establish, develop, and administer the office to serve indigent and incapacitated adults in need of guardianship in the second, seventh, and sixteenth judicial districts and shall coordinate its efforts with county departments of human services and county departments of social services within those districts. The director shall administer the office in accordance […]

§ 13-94-106. Waiver of Court Costs and Filing Fees

The court shall waive court costs and filing fees in any proceeding in which an indigent and incapacitated adult is receiving public guardianship services from the office. Source: L. 2017: Entire article added, (HB 17-1087), ch. 319, p. 1719, § 1, effective June 5.

§ 13-94-107. Director Shall Develop Rules

The director shall develop rules to implement this article 94. The rules, at a minimum, must include policies concerning: Conflicts of interest for guardians and guardian-designees employed pursuant to this article 94; and The solicitation and acceptance of gifts, grants, and donations pursuant to section 13-94-108 (3). Source: L. 2017: Entire article added, (HB 17-1087), […]

§ 13-94-108. Office of Public Guardianship Cash Fund – Created

The office of public guardianship cash fund, referred to in this section as the “fund”, is created in the state treasury. The fund consists of any money that the office receives from gifts, grants, or donations, as well as any other money appropriated to the fund by the general assembly. The money in the fund […]

§ 13-94-109. No Entitlement Created

Public guardianship services are dependent upon the availability of funding, and nothing in this article 94 creates an entitlement. Source: L. 2017: Entire article added, (HB 17-1087), ch. 319, p. 1720, § 1, effective June 5.

§ 13-94-110. Immunity

As an agency of the judicial department, the office is a public entity, as defined in section 24-10-103 (5), for the purposes of the “Colorado Governmental Immunity Act”, article 10 of title 24. Source: L. 2017: Entire article added, (HB 17-1087), ch. 319, p. 1720, § 1, effective June 5.

§ 13-94-111. Repeal – Wind-Up

This article 94 is repealed, effective June 30, 2024. Prior to such repeal, the general assembly, after reviewing the report submitted by the director pursuant to section 13-94-105 (4), shall consider whether to enact legislation to continue, discontinue, or expand the office. If the general assembly has adjourned the legislative session beginning in January of […]