2021 Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 14 - Persons Under Disability - Protection
Part 3 - Guardianship of Incapacitated Person
§ 15-14-312. Emergency Guardian

1. If the court finds that compliance with the procedures of this part 3 will likely result in substantial harm to the respondent's health, safety, or welfare, and that no other person appears to have authority and willingness to act in the circumstances, the court, on petition by a person interested in the respondent's welfare, may appoint an emergency guardian whose authority may not exceed sixty days and who may exercise only the powers specified in the order. Immediately upon appointment of an emergency guardian, the court shall appoint a lawyer to represent the respondent throughout the emergency guardianship. Except as otherwise provided in subsection (2) of this section, reasonable notice of the time and place of a hearing on the petition must be given to the respondent and any other persons as the court directs.
2. An emergency guardian may be appointed without notice to the respondent and the respondent's lawyer only if the court finds from testimony that the respondent will be substantially harmed if the appointment is delayed. If not present at the hearing, the respondent must be given notice of the appointment within forty-eight hours after the appointment. The court shall hold a hearing on the appropriateness of the appointment within fourteen days after the court's receipt of such a request.
3. Appointment of an emergency guardian, with or without notice, is not a determination of the respondent's incapacity.
4. The court may remove an emergency guardian or modify the powers granted at any time. An emergency guardian shall make any report the court requires. In other respects, the provisions of parts 1 to 4 of this article concerning guardians apply to an emergency guardian.
5. If the court appoints an emergency guardian without notice to the respondent or any other person entitled to notice pursuant to section 15-14-309 (2) and the person appointed is a professional without priority to serve pursuant to section 15-14-310 (1) or protective services pursuant to section 26-3.1-104, the court shall, upon entry of the order of appointment of emergency guardian, simultaneously appoint a visitor to investigate and report to the court within fourteen days after the appointment as provided in section 15-14-113.5.

History. Source: L. 2000: Entire part R&RE, p. 1797, § 1, effective January 1, 2001 (see § 15-17-103 ). L. 2012: (2) amended,(SB 12-175), ch. 208, p. 840, § 51, effective July 1. L. 2020: (5) added,(SB 20-129), ch. 270, p. 1317, § 3, effective September 1.

Law reviews. For article, “Protecting Clients From Abuse and Identity Theft”, see 34 Colo. Law. 43 (Oct. 2005).

Applied in In Interest of Spohr, 2018 COA 74 , 422 P.3d 625.