2020 Colorado Revised Statutes
Title 15 - Probate, Trusts, And Fiduciaries
Article 14. Persons Under Disability - Protection
Section 15-14-311. Findings - order of appointment.

Universal Citation:
CO Rev Stat § 15-14-311 (2020)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

(1) The court may:

(a) Appoint a limited or unlimited guardian for a respondent only if it finds by clear and convincing evidence that:

  1. The respondent is an incapacitated person; and

  2. The respondent's identified needs cannot be met by less restrictive means, includinguse of appropriate and reasonably available technological assistance; or

(b) With appropriate findings, treat the petition as one for a protective order under section 15-14-401, enter any other appropriate order, or dismiss the proceeding.

  1. The court, whenever feasible, shall grant to a guardian only those powers necessitated by the ward's limitations and demonstrated needs and make appointive and other orders that will encourage the development of the ward's maximum self-reliance and independence.

  2. Within thirty days after an appointment, a guardian shall send or deliver to the wardand to all other persons given notice of the hearing on the petition a copy of the order of appointment, together with a notice of the right to request termination or modification.

Source: L. 2000: Entire part R&RE, p. 1797, § 1, effective January 1, 2001 (see § 15-17103).

Editor's note: This section is similar to former § 15-14-304 as it existed prior to 2001.

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