First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0263.01 Conrad Imel x2313
SENATE BILL 23-064
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING THE OFFICE OF PUBLIC GUARDIANSHIP .101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Under existing law, the office of public guardianship (office) is
authorized to serve indigent and incapacitated adults (incapacitated
adults) in need of guardianship in 3 judicial districts and is scheduled to
repeal on June 30, 2024. The bill extends the office indefinitely and
requires the office to operate in every judicial district in the state by
December 31, 2027.
The bill establishes a board of directors (board) to oversee the
office. The board consists of 7 members: 3 members who are attorneys
SENATE SPONSORSHIP
Gardner and Ginal,
HOUSE SPONSORSHIP
Snyder,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. appointed by the chief justice of the Colorado supreme court and 4
non-attorney members appointed by the governor. The existing public
guardianship commission that oversees the office is repealed, effective
August 31, 2023.
The bill clarifies the office's duties. The office's director
administers the office pursuant to a memorandum of understanding with
the judicial department. The bill clarifies what must be included in the
memorandum of understanding.
The office is required to employ guardians to provide guardianship
services to the office's clients. A guardian must be certified as a guardian
or become certified within 2 years after being hired by the office. The
office shall provide training to guardians in specified subjects.
The bill requires a court to waive filing fees for petitions for
guardianship filed by the office in cases that involve an incapacitated
adult who is eligible for guardianship services from the office. A court is
prohibited from requiring the office or a guardian employed by the office
to post a bond as a condition for appointment as a guardian.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 13-94-102, amend2
(2)(a)(I)(C); and repeal (2)(a)(II) and (2)(b) as follows:3
13-94-102. Legislative declaration. (2) In establishing the office4
of public guardianship, the general assembly intends:5
(a) That the office will:6
(I) Provide guardianship services to indigent and incapacitated7
adults who:8
(C) Are not subject to a petition for appointment of guardian filed9
by a county adult protective services unit or otherwise authorized by10
section 26-3.1-104. and
11
(II) Gather data to help the general assembly determine the need12
for, and the feasibility of, a statewide office of public guardianship; and13
(b) That the office is a pilot program, to be evaluated and then14
continued, discontinued, or expanded at the discretion of the general15
assembly in 2023.16
SB23-064-2- SECTION 2. In Colorado Revised Statutes, 13-94-103, amend1
(2)(a), (2)(c), (2)(d), and (2)(e); and add (2)(a.5) as follows:2
13-94-103. Definitions. (2) As used in this article 94, unless the3
context otherwise requires:4
(a) "Commission" "BOARD" means the BOARD OF DIRECTORS FOR5
THE OFFICE OF public guardianship commission created pursuant to6
section 13-94-104 SECTION 13-94-104.1.7
(a.5) "C
LIENT" MEANS A PERSON RECEIVING GUARDIANSHIP8
SERVICES FROM THE OFFICE.9
(c) "Director" means the director of the office, appointed by the10
commission
BOARD pursuant to section 13-94-104 SECTION 13-94-104.1.11
(d) "Guardian" or "guardian-designee" means an individual12
employed by the office to provide guardianship services on behalf of the13
office to one or more adults.14
(e) "Office" means the office of public guardianship created in15
section 13-94-104 SECTION 13-94-105.16
SECTION 3. In Colorado Revised Statutes, 13-94-104, amend17
(2); repeal (3) and (4); and add (5) as follows:18
13-94-104. Public guardianship commission created - repeal.19
(2) Each member of the commission serves at the pleasure of his or her20
THE MEMBER'S appointing authority; except that each member's term of21
service concludes with the repeal of this article 94 SECTION pursuant to22
section 13-94-111 SUBSECTION (5) OF THIS SECTION.23
(3) The commission shall appoint a director to establish, develop,24
and administer the office of public guardianship, which office is hereby25
created within the judicial department. The director serves at the pleasure26
of the commission.27
SB23-064
-3- (4) The office and the judicial department shall operate pursuant1
to a memorandum of understanding between the two entities. The2
memorandum of understanding must contain, at a minimum:3
(a) A requirement that the office has its own personnel rules;4
(b) A requirement that the director has independent hiring and5
termination authority over office employees;6
(c) A requirement that the office must follow judicial fiscal rules;7
and8
(d) Any other provisions regarding administrative support that will9
help maintain the independence of the office.10
(5) T
HIS SECTION IS REPEALED, EFFECTIVE AUGUST 31, 2023.11
SECTION 4. In Colorado Revised Statutes, add 13-94-104.1 as12
follows:13
13-94-104.1. Office of public guardianship board - members14
- duties - appointment of director - repeal. (1) (a) O
N SEPTEMBER 1,15
2023,
THE BOARD OF DIRECTORS FOR THE OFFICE OF PUBLIC GUARDIANSHIP16
IS CREATED WITHIN THE JUDICIAL DEPARTMENT . THE BOARD INCLUDES17
SEVEN MEMBERS, APPOINTED AS FOLLOWS:18
(I) T
HE CHIEF JUSTICE OF THE COLORADO SUPREME COURT SHALL19
APPOINT THREE MEMBERS WHO ARE ATTORNEYS ADMITTED TO PRACTICE20
LAW IN THIS STATE; AND21
(II) T
HE GOVERNOR SHALL APPOINT FOUR NON -ATTORNEY22
MEMBERS AS FOLLOWS:23
(A) T
HREE MEMBERS WHO HAVE LIVED EXPERIENCE WITH A24
FAMILY MEMBER WHO IS AN AT-RISK ADULT OR WHO HAVE EXPERTISE AND25
EXPERIENCE IN ADVOCATING FOR THE AT -RISK ADULT POPULATION ,26
INCLUDING ADVOCACY AND REPRESENTATION IN THE AREAS OF AGING ,27
SB23-064
-4- MENTAL HEALTH, SUBSTANCE USE DISORDERS, HOMELESSNESS, VETERANS1
ISSUES, INTELLECTUAL AND DEVELOPMENTAL DISABILITIES , HEALTH CARE,2
AND LAW ENFORCEMENT AND CRIMINAL JUSTICE ; AND3
(B) O
NE MEMBER WHO HAS NOT SERVED DIRECTLY IN AN4
ADVOCACY ROLE FOR AT-RISK ADULTS.5
(b) (I) E
ACH OF THE MEMBERS APPOINTED BY THE CHIEF JUSTICE6
MUST RESIDE IN A DIFFERENT CONGRESSIONAL DISTRICT , AND NO MORE7
THAN TWO MEMBERS APPOINTED BY THE CHIEF JUSTICE MAY BE FROM THE8
SAME POLITICAL PARTY.9
(II) E
ACH OF THE MEMBERS APPOINTED BY THE GOVERNOR MUST10
RESIDE IN A DIFFERENT CONGRESSIONAL DISTRICT , AND NO MORE THAN11
THREE MEMBERS APPOINTED BY THE GOVERNOR MAY BE FROM THE SAME12
POLITICAL PARTY.13
(c) I
N MAKING APPOINTMENTS TO THE BOARD , THE CHIEF JUSTICE14
AND THE GOVERNOR SHALL CONSIDER PLACE OF RESIDENCE , INCLUDING15
RURAL OR URBAN RESIDENCY ; SEX; RACE; AND ETHNIC BACKGROUND .16
(d) E
ACH MEMBER OF THE BOARD SERVES WITHOUT17
COMPENSATION BUT IS ENTITLED TO RECEIVE REIMBURSEMENT FROM THE18
OFFICE OF PUBLIC GUARDIANSHIP CASH FUND CREATED IN SECTION19
13-94-108
FOR ACTUAL AND NECESSARY EXPENSES THE MEMBER INCURS20
IN THE PERFORMANCE OF THE MEMBER 'S DUTIES.21
(2) (a) E
ACH MEMBER OF THE BOARD SERVES AT THE PLEASURE OF22
THE MEMBER'S APPOINTING AUTHORITY . EXCEPT FOR THE INITIAL23
APPOINTMENTS MADE PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION,24
EACH MEMBER'S TERM OF APPOINTMENT IS FOUR YEARS. A MEMBER SHALL25
NOT SERVE MORE THAN TWO CONSECUTIVE TERMS .26
(b) (I) T
HE CHIEF JUSTICE AND GOVERNOR SHALL MAKE INITIAL27
SB23-064
-5- APPOINTMENTS TO THE BOARD NO LATER THAN AUGUST 1, 2023, AS1
FOLLOWS:2
(A) T
HE CHIEF JUSTICE AND GOVERNOR SHALL EACH APPOINT ONE3
MEMBER TO A TERM OF FOUR YEARS FROM AMONG THE MEMBERSHIP OF4
THE PUBLIC GUARDIANSHIP COMMISSION CREATED IN SECTION 13-94-1045
AS IT EXISTS ON THE EFFECTIVE DATE OF THIS SUBSECTION (2)(b);6
(B) T
HE CHIEF JUSTICE AND GOVERNOR SHALL EACH APPOINT ONE7
MEMBER TO A TERM OF TWO YEARS ;8
(C) T
HE CHIEF JUSTICE AND GOVERNOR SHALL EACH APPOINT ONE9
MEMBER TO A TERM OF THREE YEARS ; AND10
(D) T
HE GOVERNOR SHALL APPOINT ONE MEMBER TO A TERM OF11
FOUR YEARS.12
(II) T
HIS SUBSECTION (2)(b) IS REPEALED, EFFECTIVE DECEMBER13
31,
2027.14
(3) T
HE BOARD SHALL:15
(a) A
PPOINT THE DIRECTOR OF THE OFFICE OF PUBLIC16
GUARDIANSHIP, WHO SERVES AT THE PLEASURE OF THE BOARD ;17
(b) E
STABLISH BYLAWS AND OPERATING POLICIES FOR THE BOARD ;18
AND19
(c) W
ORK COLLABORATIVELY WITH THE DIRECTOR TO PROVIDE20
GOVERNANCE OF THE OFFICE , FISCAL OVERSIGHT OF THE GENERAL21
OPERATING BUDGET OF THE OFFICE, AND PROGRAMMATIC OVERSIGHT , AS22
ESTABLISHED IN THE BYLAWS AND OPERATING PROCEDURES OF THE23
BOARD.24
(4) (a) T
HE BOARD SHALL MAKE ITS INITIAL APPOINTMENT OF A25
DIRECTOR PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION NO LATER26
THAN DECEMBER 31, 2023.27
SB23-064
-6- (b) THIS SUBSECTION (4) IS REPEALED, EFFECTIVE JUNE 30, 2024.1
SECTION 5. In Colorado Revised Statutes, 13-94-105, amend2
(1), (2) introductory portion, (2)(c), (2)(e), (2)(f), (2)(j), (2)(k), (3), (4),3
(5), and (6); and add (1.5) and (7) as follows:4
13-94-105. Office of public guardianship - director - duties -5
memorandum of understanding - annual report - repeal. (1) (a) T
HE6
OFFICE OF PUBLIC GUARDIANSHIP IS CREATED WITHIN THE JUDICIAL7
DEPARTMENT TO SERVE INDIGENT AND INCAPACITATED ADULTS IN NEED8
OF GUARDIANSHIP IN EVERY JUDICIAL DISTRICT IN THE STATE NO LATER9
THAN DECEMBER 31, 2027.10
(b) The director shall establish, develop, and
administer the office11
to serve indigent and incapacitated adults in need of guardianship in the12
second, seventh, and sixteenth judicial districts and shall coordinate its13
THE OFFICE'S efforts with county departments of human services and14
county departments of social services within those districts EACH15
JUDICIAL DISTRICT IN WHICH THE OFFICE PROVIDES SERVICES TO CLIENTS .16
(c) (I) T
HE OFFICE SHALL MAINTAIN OPERATIONS IN EACH JUDICIAL17
DISTRICT IN WHICH IT IS OPERATING ON THE EFFECTIVE DATE OF THIS18
SUBSECTION (1)(c) AND SHALL OPERATE IN EVERY JUDICIAL DISTRICT IN19
THE STATE NO LATER THAN DECEMBER 31, 2027.20
(II) T
HIS SUBSECTION (1)(c) IS REPEALED, EFFECTIVE JUNE 30,21
2028.22
(d) The director shall administer the office in accordance with the23
memorandum of understanding
WITH THE JUDICIAL DEPARTMENT24
described in section 13-94-104 (4). Notwithstanding any other provision
25
of this section, upon receiving funding sufficient to begin operations in26
the second judicial district, the office must begin operations in that27
SB23-064
-7- judicial district prior to operating in any other district SUBSECTION (6) OF1
THIS SECTION. THE JUDICIAL DEPARTMENT SHALL PROVIDE TECHNICAL2
AND ADMINISTRATIVE SUPPORT TO ASSIST THE OFFICE .3
(1.5) I
N ADDITION TO ANY OTHER DUTIES OR RESPONSIBILITIES SET4
FORTH IN THIS ARTICLE 94, THE OFFICE:5
(a) M
AY:6
(I) I
NITIATE PETITIONS FOR GUARDIANSHIP; AND7
(II) T
AKE ANY ACTION ON BEHALF OF AN INDIGENT AND8
INCAPACITATED PERSON THAT A PRIVATE GUARDIAN MAY TAKE , EXCEPT9
AS OTHERWISE LIMITED BY LAW OR COURT ORDER ; AND10
(b) S
HALL USE THE ELIGIBILITY CRITERIA AND PRIORITIZATION11
DESCRIBED IN SUBSECTION (2)(b) OF THIS SECTION TO SERVE INDIVIDUALS12
WITH THE GREATEST NEEDS WHEN THE NUMBER OF CASES IN WHICH13
SERVICES HAVE BEEN REQUESTED EXCEEDS THE NUMBER OF CASES IN14
WHICH PUBLIC GUARDIANSHIP CAN PROVIDE SERVICES .15
(2) In addition to carrying out any duties assigned by the16
commission
BOARD, the director shall ensure that the office provides, at17
a minimum, the following services to the designated judicial districts18
EACH JUDICIAL DISTRICT IN WHICH THE OFFICE OPERATES :19
(c) Appointment and post-appointment public guardianship20
services of a guardian-designee GUARDIAN for each indigent and21
incapacitated adult in need of public guardianship;22
(e) Recruitment, training, and oversight of guardian-designees23
GUARDIANS;24
(f) Development of MAINTAINING a process for receipt and25
consideration of, and response to, complaints against the office, to include26
INCLUDING investigation in cases in which investigation appears27
SB23-064
-8- warranted in the judgment of the director;1
(j) Identification and establishment of relationships with local,2
state, and federal governmental agencies so that guardians and3
guardian-designees may apply for public benefits on behalf of wards to4
obtain funding and service support, if needed; and5
(k) Public education and outreach regarding the role of the office.6
and guardian-designees.7
(3) (a) (I) T
HE OFFICE SHALL EMPLOY GUARDIANS TO PROVIDE8
GUARDIANSHIP SERVICES TO THE OFFICE'S CLIENTS. EXCEPT AS PROVIDED9
IN SUBSECTION (3)(b)(II) OF THIS SECTION, A GUARDIAN MUST BE10
CERTIFIED BY A STATE OR NATIONAL ORGANIZATION THAT CERTIFIES11
GUARDIANS. THE DIRECTOR SHALL INCLUDE IN THE RULES DEVELOPED12
PURSUANT TO SECTION 13-94-107 A LIST OF THE ORGANIZATIONS WHOSE13
CERTIFICATIONS THE OFFICE RECOGNIZES.14
(II) T
HE OFFICE MAY HIRE AS A GUARDIAN A PERSON WHO IS NOT15
CERTIFIED. IF THE OFFICE HIRES A PERSON WHO IS NOT CERTIFIED , THE16
PERSON SHALL OBTAIN CERTIFICATION WITHIN TWO YEARS AFTER BEING17
HIRED.18
(b) The director shall adopt professional standards of practice and19
a code of ethics for guardians, and guardian-designees,
including a policy20
concerning conflicts of interest. T
HE DIRECTOR MAY ADOPT PROFESSIONAL21
STANDARDS OF PRACTICE AND A CODE OF ETHICS DEVELOPED BY A22
NATIONAL ASSOCIATION OF GUARDIANS .23
(c) T
HE OFFICE SHALL PROVIDE TRAINING TO ALL GUARDIANS THAT24
INCLUDES, AT A MINIMUM, INSTRUCTION IN THE FOLLOWING AREAS :25
(I) T
HE PROFESSIONAL STANDARDS OF PRACTICE AND CODE OF26
ETHICS ADOPTED BY THE DIRECTOR ;27
SB23-064
-9- (II) STANDARDS FOR AGENCIES AND PROGRAMS PROVIDING1
GUARDIANSHIP SERVICES DEVELOPED BY A NATIONAL ASSOCIATION OF2
GUARDIANS AND APPROVED BY THE DIRECTOR ;3
(III) F
EDERAL AND STATE LAWS APPLICABLE TO PROVIDING4
GUARDIANSHIP SERVICES;5
(IV) C
HARACTERISTICS OF THE POPULATIONS SERVED BY THE6
OFFICE AND APPROPRIATE TERMINOLOGY TO BE USED WHEN WORKING7
WITH THOSE POPULATIONS;8
(V) S
TATE AND LOCAL SOCIAL SERVICES AND RESOURCES ;9
(VI) A
CTIVE LISTENING SKILLS; AND10
(VII) B
EST PRACTICES IN CONFIDENTIALITY, DECISION-MAKING,11
ETHICS, AND MEDICAL DECISION-MAKING.12
(d) P
RIOR TO EMPLOYING A PERSON , THE OFFICE OF PUBLIC13
GUARDIANSHIP SHALL SUBMIT THE NAME OF THE PERSON TO BE HIRED , AS14
WELL AS ANY OTHER REQUIRED IDENTIFYING INFORMATION , TO THE15
DEPARTMENT OF HUMAN SERVICES FOR A CHECK OF THE COLORADO16
ADULT PROTECTIVE SERVICES DATA SYSTEM PURSUANT TO SECTION17
26-3.1-111
TO DETERMINE IF THE PERSON IS SUBSTANTIATED IN A CASE OF18
MISTREATMENT OF AN AT-RISK ADULT.19
(4) On or before January 1, 2023,
JANUARY 1 OF EACH YEAR, the20
director shall submit to the judiciary committees of the senate and the21
house of representatives, or to any successor committees, a report22
concerning the activities of the office. The report, at a minimum, must23
SUMMARIZE THE OFFICE'S WORK OVER THE PRIOR STATE FISCAL YEAR IN24
PROVIDING GUARDIANSHIP SERVICES FOR INDIGENT AND INCAPACITATED25
ADULTS AND IDENTIFY ANY NOTABLE EFFICIENCIES AND OBSTACLES THAT26
THE OFFICE INCURRED IN PROVIDING GUARDIANSHIP SERVICES DURING THE27
SB23-064
-10- PRIOR STATE FISCAL YEAR . THE OFFICE SHALL NOT INCLUDE ANY1
PERSONAL IDENTIFYING INFORMATION ABOUT ANY CLIENT IN ITS ANNUAL2
REPORT. NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE ANNUAL3
REPORT REQUIRED IN THIS SUBSECTION (4) CONTINUES INDEFINITELY.4
(a) Quantify, to the extent possible, Colorado's unmet need for5
public guardianship services for indigent and incapacitated adults;6
(b) Quantify, to the extent possible, the average annual cost of7
providing guardianship services to indigent and incapacitated adults;8
(c) Quantify, to the extent possible, the net cost or benefit, if any,9
to the state that may result from the provision of guardianship services to10
each indigent and incapacitated adult in each judicial district of the state;11
(d) Identify any notable efficiencies and obstacles that the office12
incurred in providing public guardianship services pursuant to this article13
94;14
(e) Assess whether an independent statewide office of public15
guardianship or a nonprofit agency is preferable and feasible;16
(f) Analyze costs and off-setting savings to the state from the17
delivery of public guardianship services;18
(g) Provide uniform and consistent data elements regarding19
service delivery in an aggregate format that does not include any personal20
identifying information of any adult; and21
(h) Assess funding models and viable funding sources for an22
independent office of public guardianship or a nonprofit agency,23
including the possibility of funding with a statewide increase in probate24
court filing fees.25
(5) In addition to performing the duties described in this section,26
the director, in consultation with the commission BOARD, shall develop,27
SB23-064
-11- PERIODICALLY EVALUATE, AND, IF THE DIRECTOR AND BOARD DETERMINE1
IT IS NECESSARY, UPDATE a strategy for the discontinuation of the office2
TO WIND UP THE OFFICE'S AFFAIRS in the event that the general assembly3
declines to continue or expand the office after 2023 OFFICE IS4
DISCONTINUED. The strategy must include consideration of how to meet5
the guardianship needs of adults who will no longer be able to receive6
guardianship services from the office.7
(6) (a) Prior to employment, the office of public guardianship,8
pursuant to section 25-1.5-103 (1)(a)(I)(A), shall submit the name of a9
person hired as a guardian or guardian's designee, as well as any other10
required identifying information, to the department of human services for11
a check of the Colorado adult protective services data system pursuant to12
section 26-3.1-111 to determine if the person is substantiated in a case of13
mistreatment of an at-risk adult. THE OFFICE AND THE JUDICIAL14
DEPARTMENT SHALL OPERATE PURSUANT TO A MEMORANDUM OF15
UNDERSTANDING BETWEEN THE TWO ENTITIES . THE OFFICE AND JUDICIAL16
DEPARTMENT SHALL ENTER INTO A MEMORANDUM OF UNDERSTANDING17
THAT COMPLIES WITH THIS SUBSECTION (6)(a) NO LATER THAN DECEMBER18
31,
2023. THE MEMORANDUM OF UNDERSTANDING MUST CONTAIN , AT A19
MINIMUM:20
(I) A
REQUIREMENT THAT THE OFFICE HAVE ITS OWN PERSONNEL21
RULES;22
(II) A
REQUIREMENT THAT THE DIRECTOR HAVE INDEPENDENT23
HIRING AND TERMINATION AUTHORITY OVER OFFICE EMPLOYEES ;24
(III) A
REQUIREMENT THAT THE OFFICE FOLLOW JUDICIAL FISCAL25
RULES;26
(IV) A
REQUIREMENT THAT THE JUDICIAL DEPARTMENT PROVIDE27
SB23-064
-12- HUMAN RESOURCES, BUDGET MANAGEMENT, ACCOUNTING, INFORMATION1
TECHNOLOGY SUPPORT , LEGAL SERVICES, AND ADMINISTRATIVE STAFF2
SERVICES AT LOW OR NO COST TO THE OFFICE, AND A REQUIREMENT THAT3
THE JUDICIAL DEPARTMENT PROVIDE THE OFFICE WITH A DIRECT CONTACT4
FOR EACH SERVICE;5
(V) A
PROCESS FOR ASSIGNING OFFICE SPACE FOR THE OFFICE 'S6
MAIN OFFICE, WHICH MUST BE LOCATED IN DENVER, AND OTHER OFFICE7
SPACE IN EACH JUDICIAL DISTRICT; AND8
(VI) A
NY OTHER PROVISIONS REGARDING ADMINISTRATIVE9
SUPPORT TO HELP MAINTAIN THE INDEPENDENCE OF THE OFFICE .10
(b) (I) A
MEMORANDUM OF UNDERSTANDING BETWEEN THE OFFICE11
AND THE JUDICIAL DEPARTMENT IN EFFECT ON THE DAY BEFORE THE12
EFFECTIVE DATE OF THIS SUBSECTION (6)(b) REMAINS IN EFFECT UNTIL A13
NEW MEMORANDUM OF UNDERSTANDING IS ENTERED INTO PURSUANT TO14
SUBSECTION (6)(a) OF THIS SECTION.15
(II) T
HIS SUBSECTION (6)(b) IS REPEALED, EFFECTIVE JUNE 30,16
2024.17
(7) (a) T
HE DIRECTOR OF THE OFFICE ON THE DAY BEFORE THE18
EFFECTIVE DATE OF THIS SUBSECTION (7) SHALL CONTINUE TO CARRY OUT19
THE DIRECTOR'S DUTIES SET FORTH IN THIS ARTICLE 94 UNTIL THE BOARD20
APPOINTS A DIRECTOR PURSUANT TO SECTION 13-94-104.1 (3)(a).21
(b) T
HIS SUBSECTION (7) IS REPEALED, EFFECTIVE JUNE 30, 2024.22
SECTION 6. In Colorado Revised Statutes, amend 13-94-106 as23
follows:24
13-94-106. Costs - waiver of court costs and filing fees - bond25
not required. (1) The court shall waive court costs and filing fees in any26
proceeding in which an indigent and incapacitated adult is receiving27
SB23-064
-13- public guardianship services from the office AND SHALL WAIVE FILING1
FEES FOR PETITIONS FOR GUARDIANSHIP FILED BY THE OFFICE IN A CASE2
THAT INVOLVES A PERSON WHO IS ELIGIBLE FOR GUARDIANSHIP SERVICES3
FROM THE OFFICE.4
(2) A
COURT SHALL NOT REQUIRE THE OFFICE OR A GUARDIAN5
EMPLOYED BY THE OFFICE TO POST A BOND AS A CONDITION FOR6
APPOINTMENT AS A GUARDIAN OR TO PROVIDE SERVICES PURSUANT TO7
THIS ARTICLE 94.8
SECTION 7. In Colorado Revised Statutes, amend 13-94-107,9
as follows:10
13-94-107. Director shall develop rules. (1) The director shall11
develop rules to implement this article 94. The rules, at a minimum, must12
include policies concerning:13
(a) Conflicts of interest for guardians and guardian-designees
14
employed pursuant to this article 94; and15
(b) The solicitation and acceptance of gifts, grants, and donations16
pursuant to section 13-94-108 (3);
AND17
(c) A
LIST OF THE ORGANIZATIONS THAT CERTIFY GUARDIANS AND18
WHOSE CERTIFICATIONS ARE RECOGNIZED BY THE OFFICE .19
SECTION 8. In Colorado Revised Statutes, 13-94-108, amend20
(2) as follows:21
13-94-108. Office of public guardianship cash fund - created.22
(2) The money in the fund is annually appropriated to the judicial23
department to pay the expenses of the office. All interest and income24
derived from the investment and deposit of money in the fund is credited25
to the fund. Any unexpended and unencumbered money remaining in the26
fund at the end of a fiscal year must remain in the fund and not be27
SB23-064
-14- credited or transferred to the general fund or any other fund. except that1
any money remaining in the fund on June 30, 2024, shall be transferred2
to the general fund.3
SECTION 9. In Colorado Revised Statutes, repeal 13-94-111 as4
follows:5
13-94-111. Repeal - wind-up. (1) This article 94 is repealed,6
effective June 30, 2024. Prior to such repeal, the general assembly, after7
reviewing the report submitted by the director pursuant to section8
13-94-105 (4), shall consider whether to enact legislation to continue,9
discontinue, or expand the office.10
(2) If the general assembly has adjourned the legislative session11
beginning in January of 2023 sine die without enacting legislation to12
continue or expand the office, the office shall notify the joint budget13
committee that the office will not be continued and that court fees may be14
reduced by the amount deposited to the office of public guardianship cash15
fund, implement its discontinuation plan developed pursuant to section16
13-94-105, and wind up its affairs prior to the repeal of this article 94.17
SECTION 10. In Colorado Revised Statutes, 26-3.1-111, amend18
(3)(b) and (7)(j) as follows:19
26-3.1-111. Access to CAPS - employment checks -20
conservatorship and guardianship checks - confidentiality - fees -21
rules - legislative declaration - definitions. (3) (b) Conservatorship22
and guardianship CAPS checks. Beginning January 1, 2022, the state23
department shall provide the courts the results of a CAPS check, upon the24
court's request and using forms approved by the state department, to25
determine if a person who may be appointed as a conservator or guardian26
of an at-risk adult is substantiated in a case of mistreatment of an at-risk27
SB23-064
-15- adult. This subsection (3)(b) does not apply to office of public1
guardianship employees required to undergo a CAPS check pursuant to2
sections 13-94-105 (6) SECTION 13-94-105 and 26-3.1-111 (7)(j)3
SUBSECTION (7)(j) OF THIS SECTION, or adult protective services4
employees required to undergo a CAPS check pursuant to section5
26-3.1-107 (2).6
(7) The following employers shall request a CAPS check pursuant7
to this section:8
(j) The office of public guardianship pursuant to section9
13-94-105. (6).10
SECTION 11. Safety clause. The general assembly hereby finds,11
determines, and declares that this act is necessary for the immediate12
preservation of the public peace, health, or safety.13
SB23-064
-16-