ARTICLE 81 LIMITATIONS - PERSONS UNDER DISABILITY

• Jurisdiction: Colorado

ARTICLE 81 Limitations - Persons Under Disability

Cross references: For extension of time for filing real property actions, see § 38-41-112; for limitations on redemption of real property sold for taxes, see § 39-12-101.

■ 13-81-101. Definitions. As used in this article, unless the context otherwise requires:

(1) "Applicable statute of limitations" means any statute of limitations which would apply in a similar case to a person not a person under disability.

(2) "Legal representative" means a guardian, conservator, personal representative, executor, or administrator duly appointed by a court having jurisdiction of any person under disability or his estate.

(3) "Person under disability" means any person who is a minor under eighteen years of age, a mental incompetent, or a person under other legal disability and who does not have a legal guardian.

(4) "Take action" means the bringing, commencement, maintenance, or prosecution of any action, suit, or proceeding to enforce any right, or the assertion of any such right in any other manner, affirmatively or by way of defense. "Take action" shall also include exercising the right to elect to receive a lump-sum payment on behalf of the plaintiff in a civil action for purposes of section 13-64-205 (1)(f) when the legal representative determines that the election is in the best interest of the plaintiff.

Source: L. 39: p. 449, § 1. CSA: C. 102, § 28. CRS 53: § 87-3-1. C.R.S. 1963: § 87-2-1. L. 76: (3) amended, p. 528, § 3, effective May 27. L. 77: (3) amended, p. 818, § 3, effective July 1. L. 86: (2) and (3) amended, p. 701, § 3, effective July 1. L. 2007: (4) amended, p. 172, § 3, effective August 3.

Cross references: (1) For use of the term "mentally or mental incompetent", see § 27-10.5-135.

(2) For the legislative declaration contained in the 2007 act amending subsection (4), see section 1 of chapter 49, Session Laws of Colorado 2007.

ANNOTATION

Law reviews. For article, "What Constitutes 'Benefits' for Urban Drainage Projects", see 51 Den. L. J. 551 (1974). For article, "1988 Update on Colorado Tort Reform Legislation -- Part I", see 17 Colo. Law. 1719 (1988).

"Legal representative" does not include a natural parent who has not been court appointed as guardian. Tenney v. Flaxer, 727 P.2d 1079 (Colo. 1986).

Each alternative part of subsection (3) is left intact and given full effect and construed in pari materia with§ 13-80-105. Haberkorn by Haberkorn v. ROHM-GMBH, 709 P.2d 44 (Colo. App. 1985).

Nonresidence of plaintiff standing alone does not constitute a legal disability within the meaning of this article. Chuchuru v. Chutchurru, 185 F.2d 62 (10th Cir. 1950).

Applied in McClanahan v. Am. Gilsonite Co., 494 F. Supp. 1334 (D. Colo. 1980); Adams County Sch. Dist. No. 1 v. District Court, 199 Colo. 284, 611 P.2d 963 (1980).

■ 13-81-101.5. Appointment of legal representative. Any real party in interest, including the party against whom an action may be brought, may apply to the court for the appointment of a legal representative.

Source: L. 86: Entire section added, p. 702, § 4, effective July 1.

ANNOTATION

Law reviews. For article, "1986 Colorado Tort Reform Legislation", see15 Colo. Law. 1363 (1986).

■ 13-81-102. Right of legal representative. (1) When there is a legal representative appointed for a person under disability, all rights to take action, except rights of the person under disability against the legal representative himself or herself, vest in said legal representative for the benefit of the person under disability, and the legal representative has authority to take action thereon in his or her own name.

(2) A legal representative may:

(a) Elect, on behalf of a plaintiff in a civil action, a form of funding of a judgment for periodic payments, as described in section 13-64-207;

(b) Elect to receive the immediate payment to the plaintiff of the present value of the future damage award in a lump-sum amount, in lieu of...