2023 Colorado Revised Statutes
Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403)
COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103)
Article 14 - PERSONS UNDER DISABILITY - PROTECTION (§§ 15-14-101 — 15-14-806)
Part 3 - GUARDIANSHIP OF INCAPACITATED PERSON (§§ 15-14-301 — 15-14-319)
Section 15-14-305 - Preliminaries to hearing

• (1) Upon receipt of a petition to establish a guardianship, the court shall set a date and time for hearing the petition and appoint a visitor. The duties and reporting requirements of the visitor are limited to the relief requested in the petition. The visitor must be a person who has such training as the court deems appropriate.

• (2) The court shall appoint a lawyer to represent the respondent in the proceeding if:
  • (a) Requested by the respondent;
  • (b) Recommended by the visitor; or
  • (c) The court determines that the respondent needs representation.

• (3) The visitor shall interview the respondent in person and, to the extent that the respondent is able to understand:
  • (a) Explain to the respondent the substance of the petition, the nature, purpose, and effect of the proceeding, the respondent's rights at the hearing, and the general powers and duties of a guardian;
  • (b) Determine the respondent's views about the proposed guardian, the proposed guardian's powers and duties, and the scope and duration of the proposed guardianship;
  • (c) Inform the respondent of the right to employ and consult with a lawyer at the respondent's own expense and the right to request a court-appointed lawyer; and
  • (d) Inform the respondent that all costs and expenses of the proceeding, including respondent's attorney fees, will be paid from the respondent's estate unless the court directs otherwise.

• (4) In addition to the duties imposed by subsection (3) of this section, the visitor shall:
  • (a) Interview the petitioner and the proposed guardian;
  • (b) Visit the respondent's present dwelling and any dwelling in which the respondent will live, if known, if the appointment is made;
  • (c) Obtain information from any physician or other person who is known to have treated, advised, or assessed the respondent's relevant physical or mental condition; and
  • (d) Make any other investigation the court directs.

• (5) The visitor shall promptly file a report in writing with the court, which must include:
  • (a) A recommendation as to whether a lawyer should be appointed to represent the respondent and whether a guardian ad litem should be appointed to represent the respondent's best interest;
  • (b) A summary of daily functions the respondent can manage without assistance, could manage with the assistance of supportive services or benefits, including use of appropriate technological assistance, and cannot manage;
  • (c) Recommendations regarding the appropriateness of guardianship, including whether less restrictive means of intervention are available, the type of guardianship, and, if a limited guardianship, the powers to be granted to the limited guardian;
  • (d) A statement of the qualifications of the proposed guardian, together with a statement as to whether the respondent approves or disapproves of:
    • (I) The proposed guardian;
    • (II) The powers and duties proposed; and
    • (III) The scope of the guardianship;
  • (e) A statement as to whether the proposed dwelling meets the respondent's individual needs;
  • (f) A recommendation as to whether a professional evaluation or further evaluation is necessary; and
  • (g) Any other matters the court directs.

L. 2000: Entire part R&RE, p. 1793, § 1, effective 1/1/2001 (see § 15-17-103 ).