In parts 1 to 4 of this article 14:
(1) "Claim", with respect to a protected person, includes a claim against an individual, whether arising in contract, tort, or otherwise, and a claim against an estate which arises at or after the appointment of a conservator, including expenses of administration.
(2) "Conservator" means a person at least twenty-one years of age, resident or non- resident, who is appointed by a court to manage the estate of a protected person. The term includes a limited conservator.
(3) "Court" means the court or division thereof having jurisdiction in matters relating to the affairs of decedents and protected persons. This court is the district court, except in the city and county of Denver where it is the probate court.
(4) "Guardian" means an individual at least twenty-one years of age, resident or non- resident, who has qualified as a guardian of a minor or incapacitated person pursuant to appointment by a parent or by the court. The term includes a limited, emergency, and temporary substitute guardian but not a guardian ad litem.
(5) "Incapacitated person" means an individual other than a minor, who is unable to effectively receive or evaluate information or both or make or communicate decisions to such an extent that the individual lacks the ability to satisfy essential requirements for physical health, safety, or self-care, even with appropriate and reasonably available technological assistance.
(6) "Legal representative" includes a representative payee, a guardian or conservator acting for a respondent in this state or elsewhere, a trustee or custodian of a trust or custodianship of which the respondent is a beneficiary, or an agent designated under a power of attorney, whether for health care or property, in which the respondent is identified as the principal.
(7) "Letters" includes letters of guardianship or letters of conservatorship.
(7.5) "Member of the supportive community" means a person whom the respondent, ward, or protected person has trusted for the one-year period immediately preceding the filing of a petition pursuant to section 15-14-304 or 15-14-403 to engage in supported decision-making and who may have relevant information about the respondent's, ward's, or protected person's desires and personal values.
(8) "Minor" means an unemancipated individual who has not attained eighteen years of age; except that in proceedings pursuant to section 15-14-204 (2.5) only, "minor" means an unmarried individual who has not attained twenty-one years of age.
(9) "Parent" means a parent whose parental rights have not been terminated.
(10) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(10.5) "Post-adjudication" means after appointment of a permanent guardian or special or permanent conservator after a hearing for which a respondent was provided notice pursuant to section 15-14-309 or section 15-14-404, or both, and at which the respondent had an opportunity to present evidence and be heard.
(11) "Protected person" means a minor or other individual for whom a conservator has been appointed or other protective order has been made.
(12) "Respondent" means an individual for whom the appointment of a guardian or conservator or other protective order is sought.
(13) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(13.5) "Supported decision-making" means the way an adult with a disability or diminished capacity has made or is making his or her own decisions by using friends, family members, professionals, and other people he or she trusts to:
(a) Help understand the issues and choices;
(b) Ask questions;
(c) Receive explanations in language he or she understands;
(d) Communicate his or her decisions to others if necessary; or
(e) Facilitate the exercise of decisions regarding his or her day-to-day health, safety, welfare, or financial affairs.
(14) "Tribe" means an Indian tribe or band, or Alaskan Native village, which is recognized by federal law or formally acknowledged by a state.
(15) "Ward" means an individual for whom a guardian has been appointed. Source: L. 2000: Entire part R&RE, p. 1778, § 1, effective January 1, 2001 (see § 15-17- 103). L. 2016: (10.5) added, (SB 16-131), ch. 286, p. 1165, § 2, effective August 10. L. 2019: IP and (8) amended, (HB 19-1042), ch. 55, p. 192, § 1, effective March 28. L. 2020: (7.5) and
(13.5) added, (SB 20-129), ch. 270, p. 1315, § 1, effective September 1.
Editor's note: This section is similar to former § 15-14-101 as it existed prior to 2001.
15-14-103. (Reserved)
Notes of Decisions
Dep't of Vets. Affairs v. Borf, N.A., 343 P.3d 1072 (Colo. Ct. App. 2014).
· cites it 6× “" § 15-14-102(12), C.R.$S.2014. . "Person" means an "individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial…”
Garhart Ex Rel. Tinsman v. Columbia/HealthOne, L.L.C., 95 P.3d 571 (Colo. 2004).
· cites it 6× “In order to exercise this right, the plaintiff must: (I) Have reached his twenty-first birthday by the time the periodic payment order is entered; (II) Not be an incapacitated person, as defined in section 15-14-102(5), C.R.S.; and (III) Have been provided financial counseling…”
HealthONE v. Rodriguez ex rel. Rodriguez, 50 P.3d 879 (Colo. 2002).
· cites it 3× “In order to exercise this right, the plaintiff must: [[Image here]] (II) Not be an incapacitated person, as by section 15-14-102(5), C.R.S.... § . The analytical framework used to evaluate the right to equal protection-strict scrutiny, intermediate scrutiny, and rational…”
Young v. C.A.H., 176 P.3d 726 (Colo. 2007).
· cites it 13× “Despite this reasoning, the court of appeals rejected the appointment of the GAL as guardian designee as improper under the definition of “guardian” in section 15-14-102. More specifically, the court of appeals relied on the last sentence of the “guardian” definition in section…”
In Re the Marriage of Kanefsky, 260 P.3d 327 (Colo. Ct. App. 2010).
· cites it 7× “§ 15-14-102(2), C.R.98.2009. The Act provides, in pertinent part, that a guardian is an individual at least twenty-one years old, who has qualified as an incapacitated person's guardian pursuant to appointment by the court, but not a guardian ad litem.”
In Re Jct, 176 P.3d 726 (Colo. 2007).
· cites it 13× “Despite this reasoning, the court of appeals rejected the appointment of the GAL as guardian designee as improper under the definition of "guardian" in section 15-14-102. More specifically, the court of appeals relied on the last sentence of the "guardian" definition in section…”
People Ex Rel. Yeager, 93 P.3d 589 (Colo. Ct. App. 2004).
· cites it 3× “" Section 15-14-102(10), C.R.S.2003; see § 2-4-401(8), C.”
Visser ex rel. Eder v. Mahan, 111 P.3d 575 (Colo. Ct. App. 2005).
· cites it 6× “2004 (emphasis added); see also § 15-14-102(11), C.R.S.2004 (defining “protected person” as an individual for whom a conservator has been appointed or other protective order has been made).”
O.R.L. v. Smith, 996 P.2d 788 (Colo. Ct. App. 2000).
· cites it 4× “See § 15-14-102(3), C.R.S.1999. As noted, the court found that respondent was immature and unable to parent effectively.”
In Re Est. of Gallavan, 89 P.3d 521 (Colo. Ct. App. 2004).
· cites it 2× “He then points to the statutes that allow appointment of a guardian for an “incapacitated person,” defined in § 15-14-102(5), C.R.S.2003, as, in pertinent part, one who is unable “to satisfy essential requirements for physical health, safety, or self-care,” because of inability…”
— Colo. Rev. Stat. § 15-14-102(10) — 5 cases
People Ex Rel. Yeager, 93 P.3d 589 (Colo. Ct. App. 2004).
“" Section 15-14-102(10), C.R.S.2003; see § 2-4-401(8), C.”
Young v. C.A.H., 176 P.3d 726 (Colo. 2007).
“Despite this reasoning, the court of appeals rejected the appointment of the GAL as guardian designee as improper under the definition of “guardian” in section 15-14-102. More specifically, the court of appeals relied on the last sentence of the “guardian” definition in section…”
In Re Jct, 176 P.3d 726 (Colo. 2007).
“Despite this reasoning, the court of appeals rejected the appointment of the GAL as guardian designee as improper under the definition of "guardian" in section 15-14-102. More specifically, the court of appeals relied on the last sentence of the "guardian" definition in section…”
— Colo. Rev. Stat. § 15-14-102(11) — 1 case
Visser ex rel. Eder v. Mahan, 111 P.3d 575 (Colo. Ct. App. 2005).
“2004 (emphasis added); see also § 15-14-102(11), C.R.S.2004 (defining “protected person” as an individual for whom a conservator has been appointed or other protective order has been made).”
— Colo. Rev. Stat. § 15-14-102(12) — 1 case
Dep't of Vets. Affairs v. Borf, N.A., 343 P.3d 1072 (Colo. Ct. App. 2014).
“" § 15-14-102(12), C.R.$S.2014. . "Person" means an "individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial…”
— Colo. Rev. Stat. § 15-14-102(2) — 2 cases
Dep't of Vets. Affairs v. Borf, N.A., 343 P.3d 1072 (Colo. Ct. App. 2014).
“" § 15-14-102(12), C.R.$S.2014. . "Person" means an "individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial…”
In Re the Marriage of Kanefsky, 260 P.3d 327 (Colo. Ct. App. 2010).
“§ 15-14-102(2), C.R.98.2009. The Act provides, in pertinent part, that a guardian is an individual at least twenty-one years old, who has qualified as an incapacitated person's guardian pursuant to appointment by the court, but not a guardian ad litem.”
— Colo. Rev. Stat. § 15-14-102(3) — 1 case
O.R.L. v. Smith, 996 P.2d 788 (Colo. Ct. App. 2000).
“See § 15-14-102(3), C.R.S.1999. As noted, the court found that respondent was immature and unable to parent effectively.”
— Colo. Rev. Stat. § 15-14-102(4) — 8 cases
Dep't of Vets. Affairs v. Borf, N.A., 343 P.3d 1072 (Colo. Ct. App. 2014).
“" § 15-14-102(12), C.R.$S.2014. . "Person" means an "individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial…”
Young v. C.A.H., 176 P.3d 726 (Colo. 2007).
“Despite this reasoning, the court of appeals rejected the appointment of the GAL as guardian designee as improper under the definition of “guardian” in section 15-14-102. More specifically, the court of appeals relied on the last sentence of the “guardian” definition in section…”
In Re Jct, 176 P.3d 726 (Colo. 2007).
“Despite this reasoning, the court of appeals rejected the appointment of the GAL as guardian designee as improper under the definition of "guardian" in section 15-14-102. More specifically, the court of appeals relied on the last sentence of the "guardian" definition in section…”
— Colo. Rev. Stat. § 15-14-102(5) — 9 cases
Garhart Ex Rel. Tinsman v. Columbia/HealthOne, L.L.C., 95 P.3d 571 (Colo. 2004).
“In order to exercise this right, the plaintiff must: (I) Have reached his twenty-first birthday by the time the periodic payment order is entered; (II) Not be an incapacitated person, as defined in section 15-14-102(5), C.R.S.; and (III) Have been provided financial counseling…”
HealthONE v. Rodriguez ex rel. Rodriguez, 50 P.3d 879 (Colo. 2002).
“In order to exercise this right, the plaintiff must: [[Image here]] (II) Not be an incapacitated person, as by section 15-14-102(5), C.R.S.... § . The analytical framework used to evaluate the right to equal protection-strict scrutiny, intermediate scrutiny, and rational…”
Dep't of Vets. Affairs v. Borf, N.A., 343 P.3d 1072 (Colo. Ct. App. 2014).
“" § 15-14-102(12), C.R.$S.2014. . "Person" means an "individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial…”
In Re Est. of Gallavan, 89 P.3d 521 (Colo. Ct. App. 2004).
“He then points to the statutes that allow appointment of a guardian for an “incapacitated person,” defined in § 15-14-102(5), C.R.S.2003, as, in pertinent part, one who is unable “to satisfy essential requirements for physical health, safety, or self-care,” because of inability…”
— Colo. Rev. Stat. § 15-14-102(6) — 2 cases
In Re the Marriage of Kanefsky, 260 P.3d 327 (Colo. Ct. App. 2010).
“§ 15-14-102(2), C.R.98.2009. The Act provides, in pertinent part, that a guardian is an individual at least twenty-one years old, who has qualified as an incapacitated person's guardian pursuant to appointment by the court, but not a guardian ad litem.”
Visser ex rel. Eder v. Mahan, 111 P.3d 575 (Colo. Ct. App. 2005).
“2004 (emphasis added); see also § 15-14-102(11), C.R.S.2004 (defining “protected person” as an individual for whom a conservator has been appointed or other protective order has been made).”
— Colo. Rev. Stat. § 15-14-102(9) — 1 case
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