C.R.S. § 13-94-101 Short title
13-94-101. Short title. The short title of this article 94 is the "Office of Public Guardianship Act".
Office of Public Guardianship
C.R.S. tit. 13, art. 94
in effectC.R.S. § 13-94-102 Legislative declaration
13-94-102. Legislative declaration. (1) The general assembly finds and declares that:
(a) Due to incapacity, some adults in Colorado are unable to meet essential requirements for their health or personal care;
(b) Private guardianship is not an option for such an adult when:
(I) No responsible family members or friends are available and appropriate to serve as a guardian; and
(II) He or she lacks adequate resources to compensate a private guardian and pay the costs associated with an appointment proceeding;
(c) Volunteer and public service programs are currently inadequate to provide legal guardianship services to indigent and incapacitated adults in Colorado;
(d) Colorado courts struggle to address the needs of indigent and incapacitated adults who lack the resources to provide for their own guardianship needs; and
(e) Without a system providing legal guardianship services to indigent and incapacitated adults, the courts are left with few options for addressing these adults' needs.
(2) In establishing the office of public guardianship, the general assembly intends:
(a) That the office will:
(I) Provide guardianship services to indigent and incapacitated adults who:
(A) Have no responsible family members or friends who are available and appropriate to serve as a guardian;
(B) Lack adequate resources to compensate a private guardian and pay the costs associated with an appointment proceeding; and
(C) Are not subject to a petition for appointment of guardian filed by a county adult protective services unit or otherwise authorized by section 26-3.1-104.
(II) Repealed.
(b) Repealed.
(3) In creating the office of public guardianship, it is also the intention of the general assembly to:
(a) Treat liberty and autonomy as paramount values for all state residents;
(b) Authorize public guardianship only to the extent necessary to provide for health or safety when the legal conditions for appointment of a guardian are met;
(c) Permit incapacitated adults to participate as fully as possible in all decisions that affect them;
(d) Assist incapacitated adults to regain or develop their capacities to the maximum extent possible;
(e) Promote the availability of guardianship services for adults who need them and for whom adequate services may otherwise be unavailable;
(f) Maintain and not alter or expand judicial authority to determine that any adult is incapacitated; and
(g) Maintain and not alter or expand any authority vested in the state department of human services and county departments of human or social services.
C.R.S. § 13-94-103 Definitions
13-94-103. Definitions. (1) Except as otherwise indicated in this section, the definitions set forth in section 15-14-102 apply to this article 94.
(2) As used in this article 94, unless the context otherwise requires:
(a) "Board" means the board of directors for the office of public guardianship created pursuant to section 13-94-104.1.
(a.5) "Client" means a person receiving guardianship services from the office.
(b) "Direct care provider" means a health-care facility, as defined in section 15-14-505 (5), or a health-care provider, as defined in section 15-14-505 (6).
(c) "Director" means the director of the office, appointed by the board pursuant to section 13-94-104.1.
(d) "Guardian" means an individual employed by the office to provide guardianship services on behalf of the office to one or more adults.
(e) "Office" means the office of public guardianship created in section 13-94-105.
(f) "Public guardianship services" means the services provided by a guardian appointed under this article 94 who is compensated by the office.
C.R.S. § 13-94-104 Public guardianship commission created - repeal
13-94-104. Public guardianship commission created - repeal. (Repealed)
C.R.S. § 13-94-104.1 Office of public guardianship board - members - duties - appointment of director - repeal
13-94-104.1. Office of public guardianship board - members - duties - appointment of director - repeal. (1) (a) On September 1, 2023, the board of directors for the office of public guardianship is created within the judicial department. The board includes seven members, appointed as follows:
(I) The chief justice of the Colorado supreme court shall appoint three members who are attorneys admitted to practice law in this state; and
(II) The governor shall appoint four non-attorney members as follows:
(A) Three members who have lived experience with a family member who is an at-risk adult or who have expertise and experience in advocating for the at-risk adult population, including advocacy and representation in the areas of aging, mental health, substance use disorders, homelessness, veterans issues, intellectual and developmental disabilities, health care, and law enforcement and criminal justice. At least one of the members appointed pursuant to this subsection (1)(a)(II)(A) must be a person with lived experience with a family member who is an at-risk adult.
(B) One member who has not served directly in an advocacy role for at-risk adults.
(b) (I) Each of the members appointed by the chief justice must reside in a different congressional district, and no more than two members appointed by the chief justice may be from the same political party.
(II) Each of the members appointed by the governor must reside in a different congressional district, and no more than three members appointed by the governor may be from the same political party.
(c) In making appointments to the board, the chief justice and the governor shall consider place of residence, including rural or urban residency; disability; sex; race; and ethnic background.
(d) Each member of the board serves without compensation but is entitled to receive reimbursement from the office of public guardianship cash fund created in section 13-94-108 for actual and necessary expenses the member incurs in the performance of the member's duties.
(2) (a) Each member of the board serves at the pleasure of the member's appointing authority. Except for the initial appointments made pursuant to subsection (2)(b) of this section, each member's term of appointment is four years. A member shall not serve more than two consecutive terms.
(b) (I) The chief justice and governor shall make initial appointments to the board no later than August 1, 2023, as follows:
(A) The chief justice and governor shall each appoint one member to a term of four years from among the membership of the public guardianship commission created in section 13-94-104 as it exists on May 30, 2023;
(B) The chief justice and governor shall each appoint one member to a term of two years;
(C) The chief justice and governor shall each appoint one member to a term of three years; and
(D) The governor shall appoint one member to a term of four years.
(II) This subsection (2)(b) is repealed, effective December 31, 2027.
(3) The board shall:
(a) Appoint the director of the office of public guardianship, who serves at the pleasure of the board;
(b) Establish bylaws and operating policies for the board; and
(c) Work collaboratively with the director to provide governance of the office, fiscal oversight of the general operating budget of the office, and programmatic oversight, as established in the bylaws and operating procedures of the board.
(4) Repealed.
C.R.S. § 13-94-105 Office of public guardianship - director - duties - memorandum of understanding - annual report - repeal
13-94-105. Office of public guardianship - director - duties - memorandum of understanding - annual report - repeal. (1) (a) The office of public guardianship is created within the judicial department to serve indigent and incapacitated adults in need of guardianship in every judicial district in the state no later than December 31, 2030.
(b) The director shall administer the office and shall coordinate the office's efforts with county departments of human and social services within each judicial district in which the office provides services to clients.
(c) (I) The office shall maintain operations in each judicial district in which it is operating on May 30, 2023; shall begin to operate in other judicial districts beginning July 1, 2025; and shall operate in every judicial district in the state no later than December 31, 2030.
(II) This subsection (1)(c) is repealed, effective June 30, 2031.
(d) Repealed.
(1.5) In addition to any other duties or responsibilities set forth in this article 94, the office:
(a) May:
(I) Initiate petitions for guardianship; and
(II) Take any action on behalf of an indigent and incapacitated person that a private guardian may take, except as otherwise limited by law or court order; and
(b) Shall use the eligibility criteria and prioritization described in subsection (2)(b) of this section to serve individuals with the greatest needs when the number of cases in which services have been requested exceeds the number of cases in which public guardianship can provide services.
(2) In addition to carrying out any duties assigned by the board, the director shall ensure that the office provides, at a minimum, the following services to each judicial district in which the office operates:
(a) A review of referrals to the office;
(b) Adoption of eligibility criteria and prioritization to enable the office to serve individuals with the greatest needs when the number of cases in which services have been requested exceeds the number of cases in which public guardianship services can be provided;
(c) Appointment and post-appointment public guardianship services of a guardian for each indigent and incapacitated adult in need of public guardianship;
(d) Support for modification or termination of public guardianship services;
(e) Recruitment, training, and oversight of guardians;
(f) Maintaining a process for receipt and consideration of, and response to, complaints against the office, including investigation in cases in which investigation appears warranted in the judgment of the director;
(g) Implementation and maintenance of a public guardianship data management system;
(h) Office management, financial planning, and budgeting for the office to ensure compliance with this article 94;
(i) Identification and establishment of relationships with stakeholder agencies, nonprofit organizations, companies, individual care managers, and direct-care providers to provide services within the financial constraints established for the office;
(j) Identification and establishment of relationships with local, state, and federal governmental agencies so that guardians may apply for public benefits on behalf of wards to obtain funding and service support, if needed; and
(k) Public education and outreach regarding the role of the office.
(3) (a) (I) The office shall employ guardians to provide guardianship services to the office's clients. Except as provided in subsection (3)(b)(II) of this section, a guardian must be certified by a state or national organization that certifies guardians. The director shall include in the rules developed pursuant to section 13-94-107 a list of the organizations whose certifications the office recognizes.
(II) The office may hire as a guardian a person who is not certified. If the office hires a person who is not certified, the person shall obtain certification within two years after being hired.
e or national organization that certifies guardians. The director shall include in the rules developed pursuant to section 13-94-107 a list of the organizations whose certifications the office recognizes.
(II) The office may hire as a guardian a person who is not certified. If the office hires a person who is not certified, the person shall obtain certification within two years after being hired.
(b) The director shall adopt professional standards of practice and a code of ethics for guardians, including a policy concerning conflicts of interest. The director may adopt professional standards of practice and a code of ethics developed by a national association of guardians.
(c) The office shall provide training to all guardians that includes, at a minimum, instruction in the following areas:
(I) The professional standards of practice and code of ethics adopted by the director;
(II) Standards for agencies and programs providing guardianship services developed by a national association of guardians and approved by the director;
(III) Federal and state laws applicable to providing guardianship services;
(IV) Characteristics of the populations served by the office and appropriate terminology to be used when working with the populations served by the office;
(V) State and local social services and resources;
(VI) Active listening skills;
(VII) Best practices in confidentiality, decision-making, ethics, and medical decision-making; and
(VIII) Planning supports that include less restrictive alternatives such as limited guardianships and supportive decision-making.
(d) Prior to employing a person, the office of public guardianship shall submit the name of the person to be hired, as well as any other required identifying information, to the department of human services for a check of the Colorado adult protective services data system pursuant to section 26-3.1-111 to determine if the person is substantiated in a case of mistreatment of an at-risk adult.
(4) On or before January 1 of each year, the director shall submit to the judiciary committees of the senate and the house of representatives, or any successor committees, a report concerning the activities of the office. The report, at a minimum, must summarize the office's work over the prior state fiscal year in providing guardianship services for indigent and incapacitated adults and identify any notable efficiencies and obstacles that the office incurred in providing guardianship services during the prior state fiscal year. The office shall not include any personal identifying information about any client in its annual report. Notwithstanding section 24-1-136 (11)(a)(I), the annual report required in this subsection (4) continues indefinitely.
(4.5) No later than June 30, 2030, but no earlier than July 1, 2027, the state auditor shall conduct or cause to be conducted a performance audit of the office.
(5) In addition to performing the duties described in this section, the director, in consultation with the board, shall develop, periodically evaluate, and, if the director and board determine it is necessary, update a strategy to wind up the office's affairs in the event that the office is discontinued. The strategy must include consideration of how to meet the guardianship needs of adults who will no longer be able to receive guardianship services from the office.
e director, in consultation with the board, shall develop, periodically evaluate, and, if the director and board determine it is necessary, update a strategy to wind up the office's affairs in the event that the office is discontinued. The strategy must include consideration of how to meet the guardianship needs of adults who will no longer be able to receive guardianship services from the office.
(6) Repealed.
(6.7) The office is an included agency for the purposes of article 100 of this title 13 and receives administrative and fiscal support services from the office of administrative services for independent agencies. The office and judicial department shall operate pursuant to the memorandum of understanding between the office and the judicial department in effect on the day before May 30, 2023, until the office begins receiving administrative and fiscal support services from the office of administrative services for independent agencies. The office and judicial department may amend the existing memorandum of understanding.
(7) Repealed.
C.R.S. § 13-94-106 Costs - waiver of court costs and filing fees - bond not required
13-94-106. Costs - waiver of court costs and filing fees - bond not required. (1) 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 and shall waive filing fees for petitions for guardianship filed by the office in a case that involves a person who is eligible for guardianship services from the office.
(2) A court shall not require the office or a guardian employed by the office to post a bond as a condition for appointment as a guardian or to provide services pursuant to this article 94.
C.R.S. § 13-94-107 Director shall develop rules
13-94-107. Director shall develop rules. (1) The director shall develop rules to implement this article 94. The rules, at a minimum, must include policies concerning:
(a) Conflicts of interest for guardians employed pursuant to this article 94;
(b) The solicitation and acceptance of gifts, grants, and donations pursuant to section 13-94-108 (3); and
(c) A list of the organizations that certify guardians and whose certifications are recognized by the office.
C.R.S. § 13-94-108 Office of public guardianship cash fund - created - gifts, grants, and donations
13-94-108. Office of public guardianship cash fund - created - gifts, grants, and donations. (1) 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 appropriated to the fund by the general assembly.
(2) The money in the fund is annually appropriated to the judicial department to pay the expenses of the office. All interest and income derived from the investment and deposit of money in the fund is credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year must remain in the fund and not be credited or transferred to the general fund or any other fund.
(3) The office may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this article 94; except that the office may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this article 94 or any other law of the state.
C.R.S. § 13-94-109 No entitlement created
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.
C.R.S. § 13-94-110 Immunity
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.
C.R.S. § 13-94-111 Repeal - wind-up
13-94-111. Repeal - wind-up. (Repealed)
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-13.docxFetched: 10/6/2026