Chapter 19 - § 19.1 • INTRODUCTION

• Jurisdiction: Colorado

§ 19.1 • INTRODUCTION

The Colorado Uniform Guardianship and Protective Proceedings Act became effective January 1, 2001, repealing and re-enacting Colorado's prior guardianship and conservatorship statutes.¹ This was the result of recommendations from the Colorado Bar Association Joint Subcommittee on the Uniform Guardianship and Protective Proceedings Act, which was co-chaired by this author and M. Kent Olsen, and consisted of approximately 30 members of the bench and bar, court administrators, guardianship advocacy, and private and nonprofit care management agencies.

Significant developments in the areas of guardianship and conservatorship occurred in the late 1980s and early 1990s, as states revised their guardianship and conservatorship statutes. The 1982 Act, with its emphasis on limited guardianship and conservatorship, was groundbreaking in its support of autonomy. The 2001 version of the Colorado Uniform Guardianship and Protective Proceedings Act builds on these revisions by providing that guardianship and conservatorship should be viewed as a last resort; limited guardianships or conservatorships should be used whenever possible; and the guardian or conservator should always consult with the ward or protected person, to the extent feasible, when making decisions. Many substantive changes from former law, and some departures from the uniform law, are contained in the Colorado Uniform Guardianship and Protective Proceedings Act.

This chapter is designed to provide a basic familiarity with guardianship and conservatorship. After some preliminary comments applicable to both topics, the chapter is divided into two main sections: Guardianship and Conservatorship. Each main section is divided into subheadings dealing with procedural issues and matters of concern to the practitioner. Checklists of forms for guardianship and conservatorship proceedings are included in Exhibits 19A and 19B, respectively, followed by a collection (Exhibit 19C) of the forms most commonly used. Issues relating to guardianship and conservatorship for minors, guardianship under the Veterans' Administration (Uniform Veterans' Guardianship Act),² and settlement of personal injury claims are not treated here.

In Colorado, guardianship is distinguished from conservatorship, unlike in some jurisdictions where the terms may have different meanings than they do here. A guardian has the care and custody of the person of an individual, known as the "ward" or "incapacitated person." A...