First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 23-0263.01 Conrad Imel x2313
SENATE BILL 23-064
Senate Committees House Committees
Judiciary Judiciary
Appropriations Appropriations
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
HOUSE
3rd Reading Unamended
May 7, 2023
HOUSE
2nd Reading Unamended
May 6, 2023
SENATE
3rd Reading Unamended
April 24, 2023
SENATE
Amended 2nd Reading
April 21, 2023
SENATE SPONSORSHIP
Gardner and Ginal, Bridges, Coleman, Hansen, Mullica
HOUSE SPONSORSHIP
Snyder and Armagost, Bird, Brown, Gonzales-Gutierrez, Lindsay, Marshall, Valdez,
Young
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guardianship commission that oversees the office is repealed, effective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
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
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
064
-4- MENTAL HEALTH, SUBSTANCE USE DISORDERS, HOMELESSNESS, VETERANS1
ISSUES, INTELLECTUAL AND DEVELOPMENTAL DISABILITIES , HEALTH CARE,2
AND LAW ENFORCEMENT AND CRIMINAL JUSTICE . AT LEAST ONE OF THE3
MEMBERS APPOINTED PURSUANT TO THIS SUBSECTION (1)(a)(II)(A) MUST4
BE A PERSON WITH LIVED EXPERIENCE WITH A FAMILY MEMBER WHO IS AN5
AT-RISK ADULT.6
(B) O
NE MEMBER WHO HAS NOT SERVED DIRECTLY IN AN7
ADVOCACY ROLE FOR AT-RISK ADULTS.8
(b) (I) E
ACH OF THE MEMBERS APPOINTED BY THE CHIEF JUSTICE9
MUST RESIDE IN A DIFFERENT CONGRESSIONAL DISTRICT , AND NO MORE10
THAN TWO MEMBERS APPOINTED BY THE CHIEF JUSTICE MAY BE FROM THE11
SAME POLITICAL PARTY.12
(II) E
ACH OF THE MEMBERS APPOINTED BY THE GOVERNOR MUST13
RESIDE IN A DIFFERENT CONGRESSIONAL DISTRICT , AND NO MORE THAN14
THREE MEMBERS APPOINTED BY THE GOVERNOR MAY BE FROM THE SAME15
POLITICAL PARTY.16
(c) I
N MAKING APPOINTMENTS TO THE BOARD , THE CHIEF JUSTICE17
AND THE GOVERNOR SHALL CONSIDER PLACE OF RESIDENCE , INCLUDING18
RURAL OR URBAN RESIDENCY ; DISABILITY;
SEX; RACE; AND ETHNIC19
BACKGROUND.20
(d) E
ACH MEMBER OF THE BOARD SERVES WITHOUT21
COMPENSATION BUT IS ENTITLED TO RECEIVE REIMBURSEMENT FROM THE22
OFFICE OF PUBLIC GUARDIANSHIP CASH F UND CREATED IN SECTION23
13-94-108
FOR ACTUAL AND NECESSARY EXPENSES THE MEMBER INCURS24
IN THE PERFORMANCE OF THE MEMBER 'S DUTIES.25
(2) (a) E
ACH MEMBER OF THE BOARD SERVES AT THE PLEASURE OF26
THE MEMBER'S APPOINTING AUTHORITY . EXCEPT FOR THE INITIAL27
064
-5- APPOINTMENTS MADE PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION,1
EACH MEMBER'S TERM OF APPOINTMENT IS FOUR YEARS. A MEMBER SHALL2
NOT SERVE MORE THAN TWO CONSECUTIVE TERMS .3
(b) (I) T
HE CHIEF JUSTICE AND GOVERNOR SHALL MAKE INITIAL4
APPOINTMENTS TO THE BOARD NO LATER THAN AUGUST 1, 2023, AS5
FOLLOWS:6
(A) T
HE CHIEF JUSTICE AND GOVERNOR SHALL EACH APPOINT ONE7
MEMBER TO A TERM OF FOUR YEARS FROM AMONG THE MEMBERSHIP OF8
THE PUBLIC GUARDIANSHIP COMMISSION CREATED IN SECTION 13-94-1049
AS IT EXISTS ON THE EFFECTIVE DATE OF THIS SUBSECTION (2)(b);10
(B) T
HE CHIEF JUSTICE AND GOVERNOR SHALL EACH APPOINT ONE11
MEMBER TO A TERM OF TWO YEARS ;12
(C) T
HE CHIEF JUSTICE AND GOVERNOR SHALL EACH APPOINT ONE13
MEMBER TO A TERM OF THREE YEARS ; AND14
(D) T
HE GOVERNOR SHALL APPOINT ONE MEMBER TO A TERM OF15
FOUR YEARS.16
(II) T
HIS SUBSECTION (2)(b) IS REPEALED, EFFECTIVE DECEMBER17
31,
2027.18
(3) T
HE BOARD SHALL:19
(a) A
PPOINT THE DIRECTOR OF THE OFFICE OF PUBLIC20
GUARDIANSHIP, WHO SERVES AT THE PLEASURE OF THE BOARD ;21
(b) E
STABLISH BYLAWS AND OPERATING POLICIES FOR THE BOARD ;22
AND23
(c) W
ORK COLLABORATIVELY WITH THE DIRECTOR TO PROVIDE24
GOVERNANCE OF THE OFFICE , FISCAL OVERSIGHT OF THE GENERAL25
OPERATING BUDGET OF THE OFFICE, AND PROGRAMMATIC OVERSIGHT , AS26
ESTABLISHED IN THE BYLAWS AND OPERATING PROCEDURES OF THE27
064
-6- BOARD.1
(4) (a) T
HE BOARD SHALL MAKE ITS INITIAL APPOINTMENT OF A2
DIRECTOR PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION NO LATER3
THAN DECEMBER 31, 2023.4
(b) T
HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JUNE 30, 2024.5
SECTION 5. In Colorado Revised Statutes, 13-94-105, amend6
(1), (2) introductory portion, (2)(c), (2)(e), (2)(f), (2)(j), (2)(k), (3), (4),7
and (5); repeal (6); and add (1.5), (4.5), (6.5), (6.7), and (7) as follows:
8
13-94-105. Office of public guardianship - director - duties -9
memorandum of understanding - annual report - repeal. (1) (a) T
HE10
OFFICE OF PUBLIC GUARDIANSHIP IS CREATED WITHIN THE JUDICIAL11
DEPARTMENT TO SERVE INDIGENT AND INCAPACITATED ADULTS IN NEED12
OF GUARDIANSHIP IN EVERY JUDICIAL DISTRICT IN THE STATE NO LATER13
THAN DECEMBER 31, 2030.
14
(b) The director shall establish, develop, and administer the office15
to serve indigent and incapacitated adults in need of guardianship in the16
second, seventh, and sixteenth judicial districts and shall coordinate its17
THE OFFICE'S efforts with county departments of human services and18
county departments of social services within those districts EACH19
JUDICIAL DISTRICT IN WHICH THE OFFICE PROVIDES SERVICES TO CLIENTS .20
(c) (I) T
HE OFFICE SHALL MAINTAIN OPERATIONS IN EACH JUDICIAL21
DISTRICT IN WHICH IT IS OPERATING ON THE EFFECTIVE DATE OF THIS22
SUBSECTION (1)(c); SHALL BEGIN TO OPERATE IN OTHER JUDICIAL
23
DISTRICTS BEGINNING JULY 1, 2025; AND SHALL OPERATE IN EVERY24
JUDICIAL DISTRICT IN THE STATE NO LATER THAN DECEMBER 31, 2030.25
(II) T
HIS SUBSECTION (1)(c) IS REPEALED, EFFECTIVE JUNE 30,26
2031.
27
064
-7- (d) The director shall administer the office in accordance with the1
memorandum of understanding
WITH THE JUDICIAL DEPARTMENT2
described in section 13-94-104 (4). Notwithstanding any other provision
3
of this section, upon receiving funding sufficient to begin operations in4
the second judicial district, the office must begin operations in that5
judicial district prior to operating in any other district THIS SECTION.6
T
HE JUDICIAL DEPARTMENT SHALL PROVIDE TECHNICAL AND7
ADMINISTRATIVE SUPPORT TO ASSIST THE OFFICE .8
(1.5) I
N ADDITION TO ANY OTHER DUTIES OR RESPONSIBILITIES SET9
FORTH IN THIS ARTICLE 94, THE OFFICE:10
(a) M
AY:11
(I) I
NITIATE PETITIONS FOR GUARDIANSHIP; AND12
(II) T
AKE ANY ACTION ON BEHALF OF AN INDIGENT AND13
INCAPACITATED PERSON THAT A PRIVATE GUARDIAN MAY TAKE , EXCEPT14
AS OTHERWISE LIMITED BY LAW OR COURT ORDER ; AND15
(b) S
HALL USE THE ELIGIBILITY CRITERIA AND PRIORITIZATION16
DESCRIBED IN SUBSECTION (2)(b) OF THIS SECTION TO SERVE INDIVIDUALS17
WITH THE GREATEST NEEDS WHEN THE NUMBER OF CASES IN WHICH18
SERVICES HAVE BEEN REQUESTED EXCEEDS THE NUMBER OF CASES IN19
WHICH PUBLIC GUARDIANSHIP CAN PROVIDE SERVICES .20
(2) In addition to carrying out any duties assigned by the21
commission
BOARD, the director shall ensure that the office provides, at22
a minimum, the following services to the designated judicial districts23
EACH JUDICIAL DISTRICT IN WHICH THE OFFICE OPERATES :24
(c) Appointment and post-appointment public guardianship25
services of a guardian-designee GUARDIAN for each indigent and26
incapacitated adult in need of public guardianship;27
064
-8- (e) Recruitment, training, and oversight of guardian-designees1
GUARDIANS;2
(f) Development of MAINTAINING a process for receipt and3
consideration of, and response to, complaints against the office, to include4
INCLUDING investigation in cases in which investigation appears5
warranted in the judgment of the director;6
(j) Identification and establishment of relationships with local,7
state, and federal governmental agencies so that guardians and8
guardian-designees may apply for public benefits on behalf of wards to9
obtain funding and service support, if needed; and10
(k) Public education and outreach regarding the role of the office.11
and guardian-designees.12
(3) (a) (I) T
HE OFFICE SHALL EMPLOY GUARDIANS TO PROVIDE13
GUARDIANSHIP SERVICES TO THE OFFICE'S CLIENTS. EXCEPT AS PROVIDED14
IN SUBSECTION (3)(b)(II) OF THIS SECTION, A GUARDIAN MUST BE15
CERTIFIED BY A STATE OR NATIONAL ORGANIZATION THAT CERTIFIES16
GUARDIANS. THE DIRECTOR SHALL INCLUDE IN THE RULES DEVELOPED17
PURSUANT TO SECTION 13-94-107 A LIST OF THE ORGANIZATIONS WHOSE18
CERTIFICATIONS THE OFFICE RECOGNIZES.19
(II) T
HE OFFICE MAY HIRE AS A GUARDIAN A PERSON WHO IS NOT20
CERTIFIED. IF THE OFFICE HIRES A PERSON WHO IS NOT CERTIFIED , THE21
PERSON SHALL OBTAIN CERTIFICATION WITHIN TWO YEARS AFTER BEING22
HIRED.23
(b) The director shall adopt professional standards of practice and24
a code of ethics for guardians, and guardian-designees,
including a policy25
concerning conflicts of interest. T
HE DIRECTOR MAY ADOPT PROFESSIONAL26
STANDARDS OF PRACTICE AND A CODE OF ETHICS DEVELOPED BY A27
064
-9- NATIONAL ASSOCIATION OF GUARDIANS .1
(c) T
HE OFFICE SHALL PROVIDE TRAINING TO ALL GUARDIANS THAT2
INCLUDES, AT A MINIMUM, INSTRUCTION IN THE FOLLOWING AREAS :3
(I) T
HE PROFESSIONAL STANDARDS OF PRACTICE AND CODE OF4
ETHICS ADOPTED BY THE DIRECTOR ;5
(II) S
TANDARDS FOR AGENCIES AND PROGRAMS PROVIDING6
GUARDIANSHIP SERVICES DEVELOPED BY A NATIONAL ASSOCIATION OF7
GUARDIANS AND APPROVED BY THE DIRECTOR ;8
(III) F
EDERAL AND STATE LAWS APPLICABLE TO PROVIDING9
GUARDIANSHIP SERVICES;10
(IV) C
HARACTERISTICS OF THE POPULATIONS SERVED BY THE11
OFFICE AND APPROPRIATE TERMINOLOGY TO BE USED WHEN WORKING12
WITH THE POPULATIONS SERVED BY THE OFFICE ;
13
(V) S
TATE AND LOCAL SOCIAL SERVICES AND RESOURCES ;14
(VI) A
CTIVE LISTENING SKILLS;
15
(VII) B
EST PRACTICES IN CONFIDENTIALITY, DECISION-MAKING,16
ETHICS, AND MEDICAL DECISION-MAKING; AND
17
(VIII) P
LANNING SUPPORTS THAT INCLUDE LESS RESTRICTIVE
18
ALTERNATIVES SUCH AS LIMITED GUARDIANSHIPS AND SUPPORTIVE19
DECISION-MAKING.20
(d) P
RIOR TO EMPLOYING A PERSON , THE OFFICE OF PUBLIC21
GUARDIANSHIP SHALL SUBMIT THE NAME OF THE PERSON TO BE HIRED , AS22
WELL AS ANY OTHER REQUIRED IDENTIFYING INFORMATION , TO THE23
DEPARTMENT OF HUMAN SERVICES FOR A CHECK OF THE COLORADO24
ADULT PROTECTIVE SERVICES DATA SYSTEM PURSUANT TO SECTION25
26-3.1-111
TO DETERMINE IF THE PERSON IS SUBSTANTIATED IN A CASE OF26
MISTREATMENT OF AN AT-RISK ADULT.27
064
-10- (4) On or before January 1, 2023, JANUARY 1 OF EACH YEAR, the1
director shall submit to the judiciary committees of the senate and the2
house of representatives, or to any successor committees, a report3
concerning the activities of the office. The report, at a minimum, must4
SUMMARIZE THE OFFICE'S WORK OVER THE PRIOR STATE FISCAL YEAR IN5
PROVIDING GUARDIANSHIP SERVICES FOR INDIGENT AND INCAPACITATED6
ADULTS AND IDENTIFY ANY NOTABLE EFFICIENCIES AND OBSTACLES THAT7
THE OFFICE INCURRED IN PROVIDING GUARDIANSHIP SERVICES DURING THE8
PRIOR STATE FISCAL YEAR . THE OFFICE SHALL NOT INCLUDE ANY9
PERSONAL IDENTIFYING INFORMATION ABOUT ANY CLIENT IN ITS ANNUAL10
REPORT. NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE ANNUAL11
REPORT REQUIRED IN THIS SUBSECTION (4) CONTINUES INDEFINITELY.12
(a) Quantify, to the extent possible, Colorado's unmet need for
13
public guardianship services for indigent and incapacitated adults;14
(b) Quantify, to the extent possible, the average annual cost of15
providing guardianship services to indigent and incapacitated adults;16
(c) Quantify, to the extent possible, the net cost or benefit, if any,17
to the state that may result from the provision of guardianship services to18
each indigent and incapacitated adult in each judicial district of the state;19
(d) Identify any notable efficiencies and obstacles that the office20
incurred in providing public guardianship services pursuant to this article21
94;22
(e) Assess whether an independent statewide office of public23
guardianship or a nonprofit agency is preferable and feasible;24
(f) Analyze costs and off-setting savings to the state from the25
delivery of public guardianship services;26
(g) Provide uniform and consistent data elements regarding27
064
-11- service delivery in an aggregate format that does not include any personal1
identifying information of any adult; and2
(h) Assess funding models and viable funding sources for an3
independent office of public guardianship or a nonprofit agency,4
including the possibility of funding with a statewide increase in probate5
court filing fees.6
(4.5) N
O LATER THAN JUNE 30, 2030, BUT NO EARLIER THAN JULY
7
1,
2027, THE STATE AUDITOR SHALL CONDUCT OR CAUSE TO BE
8
CONDUCTED A PERFORMANCE AUDIT OF THE OFFICE .9
(5) In addition to performing the duties described in this section,10
the director, in consultation with the commission BOARD, shall develop,11
PERIODICALLY EVALUATE, AND, IF THE DIRECTOR AND BOARD DETERMINE12
IT IS NECESSARY, UPDATE a strategy for the discontinuation of the office13
TO WIND UP THE OFFICE'S AFFAIRS in the event that the general assembly14
declines to continue or expand the office after 2023 OFFICE IS15
DISCONTINUED. The strategy must include consideration of how to meet16
the guardianship needs of adults who will no longer be able to receive17
guardianship services from the office.18
(6) Prior to employment, the office of public guardianship,19
pursuant to section 25-1.5-103 (1)(a)(I)(A), shall submit the name of a20
person hired as a guardian or guardian's designee, as well as any other21
required identifying information, to the department of human services for22
a check of the Colorado adult protective services data system pursuant to23
section 26-3.1-111 to determine if the person is substantiated in a case of24
mistreatment of an at-risk adult.25
(6.5) (a) T
HE
OFFICE AND THE JUDICIAL DEPARTMENT SHALL26
OPERATE PURSUANT TO A MEMORANDUM OF UNDERSTANDING BETWEEN27
064
-12- THE TWO ENTITIES. THE OFFICE AND JUDICIAL DEPARTMENT SHALL ENTER1
INTO A MEMORANDUM OF UNDERSTANDING THAT COMPLIES WITH THIS2
SUBSECTION (6.5)(a) NO LATER THAN DECEMBER 31, 2023. THE3
MEMORANDUM OF UNDERSTANDING MUST CONTAIN , AT A MINIMUM:4
(I) A
REQUIREMENT THAT THE OFFICE HAVE ITS OWN PERSONNEL5
RULES;6
(II) A
REQUIREMENT THAT THE DIRECTOR HAVE INDEPENDENT7
HIRING AND TERMINATION AUTHORITY OVER OFFICE EMPLOYEES ;8
(III) A
REQUIREMENT THAT THE OFFICE FOLLOW JUDICIAL FISCAL9
RULES;10
(IV) A
REQUIREMENT THAT THE JUDICIAL DEPARTMENT PROVIDE11
HUMAN RESOURCES, BUDGET MANAGEMENT , ACCOUNTING, INFORMATION12
TECHNOLOGY SUPPORT , LEGAL SERVICES, AND ADMINISTRATIVE STAFF13
SERVICES AT LOW OR NO COST TO THE OFFICE, AND A REQUIREMENT THAT14
THE JUDICIAL DEPARTMENT PROVIDE THE OFFICE WITH A DIRECT CONTACT15
FOR EACH SERVICE;16
(V) A
PROCESS FOR ASSIGNING OFFICE SPACE FOR THE OFFICE 'S17
MAIN OFFICE, WHICH MUST BE LOCATED IN DENVER, AND OTHER OFFICE18
SPACE IN EACH JUDICIAL DISTRICT; AND19
(VI) A
NY OTHER PROVISIONS REGARDING ADMINISTRATIVE20
SUPPORT TO HELP MAINTAIN THE INDEPENDENCE OF THE OFFICE .21
(b) (I) A
MEMORANDUM OF UNDERSTANDING BETWEEN THE OFFICE22
AND THE JUDICIAL DEPARTMENT IN EFFECT ON THE DAY BEFORE THE23
EFFECTIVE DATE OF THIS SUBSECTION (6.5)(b)
REMAINS IN EFFECT UNTIL24
A NEW MEMORANDUM OF UNDERST ANDING IS ENTERED INTO PURSUANT TO25
SUBSECTION (6.5)(a) OF THIS SECTION.26
(II) T
HIS SUBSECTION (6.5)(b)
IS REPEALED, EFFECTIVE JUNE 30,27
064
-13- 2024.1
(6.7) (a) T
HE OFFICE IS AN INCLUDED AGENCY FOR THE PURPOSES
2
OF ARTICLE 100 OF THIS TITLE 13 AND RECEIVES ADMINISTRATIVE AND3
FISCAL SUPPORT SERVICES FROM THE OFFICE OF ADMINISTRATIVE SERVICES4
FOR INDEPENDENT AGENCIES . THE OFFICE AND JUDICIAL DEPARTMENT5
SHALL OPERATE PURSUANT TO THE MEMORANDUM OF UNDERSTANDING6
BETWEEN THE OFFICE AND THE JUDICIAL DEPARTMENT IN EFFECT ON THE7
DAY BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (6.7) UNTIL THE8
OFFICE BEGINS RECEIVING ADMINISTRATIVE AND FISCAL SUPPORT9
SERVICES FROM THE OFFICE OF ADMINISTRATIVE SERVICES FOR10
INDEPENDENT AGENCIES. THE OFFICE AND JUDICIAL DEPARTMENT MAY11
AMEND THE EXISTING MEMORANDUM OF UNDERSTANDING .12
(7) (a) T
HE DIRECTOR OF THE OFFICE ON THE DAY BEFORE THE13
EFFECTIVE DATE OF THIS SUBSECTION (7) SHALL CONTINUE TO CARRY OUT14
THE DIRECTOR'S DUTIES SET FORTH IN THIS ARTICLE 94 UNTIL THE BOARD15
APPOINTS A DIRECTOR PURSUANT TO SECTION 13-94-104.1 (3)(a).16
(b) T
HIS SUBSECTION (7) IS REPEALED, EFFECTIVE JUNE 30, 2024.17
SECTION 6. In Colorado Revised Statutes, amend 13-94-106 as18
follows:19
13-94-106. Costs - waiver of court costs and filing fees - bond20
not required. (1) The court shall waive court costs and filing fees in any21
proceeding in which an indigent and incapacitated adult is receiving22
public guardianship services from the office
AND SHALL WAIVE FILING23
FEES FOR PETITIONS FOR GUARDIANSHIP FILED BY THE OFFICE IN A CASE24
THAT INVOLVES A PERSON WHO IS ELIGIBLE FOR GUARDIANSHIP SERVICES25
FROM THE OFFICE.26
(2) A
COURT SHALL NOT REQUIRE THE OFFICE OR A GUARDIAN27
064
-14- EMPLOYED BY THE OFFICE TO POST A BOND AS A CONDITION FOR1
APPOINTMENT AS A GUARDIAN OR TO PROVIDE SERVICES PURSUANT TO2
THIS ARTICLE 94.3
SECTION 7. In Colorado Revised Statutes, amend 13-94-107,4
as follows:5
13-94-107. Director shall develop rules. (1) The director shall6
develop rules to implement this article 94. The rules, at a minimum, must7
include policies concerning:8
(a) Conflicts of interest for guardians and guardian-designees9
employed pursuant to this article 94; and10
(b) The solicitation and acceptance of gifts, grants, and donations11
pursuant to section 13-94-108 (3);
AND12
(c) A
LIST OF THE ORGANIZATIONS THAT CERTIFY GUARDIANS AND13
WHOSE CERTIFICATIONS ARE RECOGNIZED BY THE OFFICE .14
SECTION 8. In Colorado Revised Statutes, amend 13-94-108 as
15
follows:16
13-94-108. Office of public guardianship cash fund - created17
- gifts, grants, and donations. (1) The office of public guardianship18
cash fund, referred to in this section as the "fund", is created in the state19
treasury. The fund consists of any money that the office receives from20
gifts, grants, or donations, as well as any other money appropriated to the21
fund by the general assembly.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
064
-15- 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
(3) The office may seek, and accept, AND EXPEND gifts, grants, or4
donations from private or public sources for the purposes of this article5
94; except that the office may not accept a gift, grant, or donation that is6
subject to conditions that are inconsistent with this article 94 or any other7
law of the state. The office shall transmit all private and public money8
received through gifts, grants, or donations to the state treasurer, who9
shall credit the same to the fund.10
SECTION 9. In Colorado Revised Statutes, repeal 13-94-111 as11
follows:12
13-94-111. Repeal - wind-up. (1) This article 94 is repealed,13
effective June 30, 2024. Prior to such repeal, the general assembly, after14
reviewing the report submitted by the director pursuant to section15
13-94-105 (4), shall consider whether to enact legislation to continue,16
discontinue, or expand the office.17
(2) If the general assembly has adjourned the legislative session18
beginning in January of 2023 sine die without enacting legislation to19
continue or expand the office, the office shall notify the joint budget20
committee that the office will not be continued and that court fees may be21
reduced by the amount deposited to the office of public guardianship cash22
fund, implement its discontinuation plan developed pursuant to section23
13-94-105, and wind up its affairs prior to the repeal of this article 94.24
SECTION 10. In Colorado Revised Statutes, 26-3.1-111, amend25
(3)(b) and (7)(j) as follows:26
26-3.1-111. Access to CAPS - employment checks -27
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-16- conservatorship and guardianship checks - confidentiality - fees -1
rules - legislative declaration - definitions. (3) (b) Conservatorship2
and guardianship CAPS checks. Beginning January 1, 2022, the state3
department shall provide the courts the results of a CAPS check, upon the4
court's request and using forms approved by the state department, to5
determine if a person who may be appointed as a conservator or guardian6
of an at-risk adult is substantiated in a case of mistreatment of an at-risk7
adult. This subsection (3)(b) does not apply to office of public8
guardianship employees required to undergo a CAPS check pursuant to9
sections 13-94-105 (6) SECTION 13-94-105 and 26-3.1-111 (7)(j)10
SUBSECTION (7)(j) OF THIS SECTION, or adult protective services11
employees required to undergo a CAPS check pursuant to section12
26-3.1-107 (2).13
(7) The following employers shall request a CAPS check pursuant14
to this section:15
(j) The office of public guardianship pursuant to section16
13-94-105. (6).17
SECTION 11. Effective date. (1) Except as otherwise provided18
in this section, this act takes effect upon passage.19
(2) Section 13-94-105 (6.5), Colorado Revised Statutes, enacted20
in section 5 of this act, takes effect only if Senate Bill 23-228 does not21
become law.22
(3) Section 13-94-105 (6.7), Colorado Revised Statutes, enacted23
in section 5 of this act, takes effect only if Senate Bill 23-228 becomes24
law, in which case section 13-94-105 (6.7) takes effect on the effective25
date of this act or Senate Bill 23-228, whichever is later.26
SECTION 12. Safety clause. The general assembly hereby finds,27
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-17- determines, and declares that this act is necessary for the immediate1
preservation of the public peace, health, or safety.2
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