2018 Colorado Revised Statutes
Title 15 - Probate, Trusts, and Fiduciaries
Colorado Probate Code
Article 14 - Persons Under Disability - Protection
Part 3 - Guardianship of Incapacitated Person
§ 15-14-310. Who may be guardian - priorities - prohibition of dual roles
(1) Subject to subsection (4) of this section, the court in appointing a guardian shall consider persons otherwise qualified in the following order of priority:
(a) A guardian, other than a temporary or emergency guardian, currently acting for the respondent in this state or elsewhere;
(b) A person nominated as guardian by the respondent, including the respondent's specific nomination of a guardian made in a durable power of attorney or given priority to be a guardian in a designated beneficiary agreement made pursuant to article 22 of this title;
(c) An agent appointed by the respondent under a medical durable power of attorney pursuant to section 15-14-506;
(d) An agent appointed by the respondent under a general durable power of attorney;
(e) The spouse of the respondent or a person nominated by will or other signed writing of a deceased spouse;
(e.5) The partner in a civil union of the respondent or a person nominated by will or other signed writing of a deceased partner in a civil union;
(f) An adult child of the respondent;
(g) A parent of the respondent or an individual nominated by will or other signed writing of a deceased parent; and
(h) An adult with whom the respondent has resided for more than six months immediately before the filing of the petition.
(2) A respondent's nomination or appointment of a guardian shall create priority for the nominee or appointee only if, at the time of nomination or appointment, the respondent had sufficient capacity to express a preference.
(3) With respect to persons having equal priority, the court shall select the one it considers best qualified. The court, for good cause shown, may decline to appoint a person having priority and appoint a person having a lower priority or no priority.
(4) An owner, operator, or employee of a long-term-care provider from which the respondent is receiving care may not be appointed as guardian unless related to the respondent by blood, marriage, or adoption.
(5) (a) Unless the court makes specific findings for good cause shown or the person is a family caregiver as defined in section 25.5-10-202, C.R.S., or the person is a caregiver to an eligible person pursuant to section 25.5-6-1101 (4), C.R.S., the same professional may not act as an incapacitated person's or a protected person's:
(I) Guardian and conservator; or
(II) Guardian and direct service provider; or
(III) Conservator and direct service provider.
(b) In addition, a guardian or conservator may not employ the same person to act as both care manager and direct service provider for the incapacitated person or protected person unless the person is a family caregiver as defined in section 25.5-10-202, C.R.S.
