Colo. Rev. Stat. » Title 15
Colorado Revised Statutes

Colo. Rev. Stat. § 15-14-301 (2026)

Appointment and status of guardian

✓ current as of July 2026
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A person becomes a guardian of an incapacitated person upon appointment by the court. The guardianship continues until terminated, without regard to the location of the guardian or ward.

Source: L. 2000: Entire part R&RE, p. 1792, § 1, effective January 1, 2001 (see § 15-17- 103).

15-14-302. (Reserved)

15-14-303. (Reserved)

Notes of Decisions
Cited in 10 cases, 1986–2019 · leading case: People Ex Rel. Yeager, 93 P.3d 589 (Colo. Ct. App. 2004).
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People Ex Rel. Yeager, 93 P.3d 589 (Colo. Ct. App. 2004). · cites it 6× “Section 15-14-301, C.R.S.2003. A guardian's duties as to an incapacitated person's health care decisions are described as follows: "Except as otherwise limited by the court, a guardian shall make decisions regarding the ward's support, care, education, health, and welfare.”
In Interest of Spohr, 2019 COA 171 (Colo. Ct. App. 2019). · cites it 2× “§ 15-14-301, C.R.S. 2019. The court may appoint a guardian if it finds that the respondent is an incapacitated person whose needs cannot be met by less restrictive means.”
People ex rel. Morgan Cnty. Dep't of Human Servs., 93 P.3d 589 (Colo. Ct. App. 2004). · cites it 6× “Section 15-14-301, C.R.S.2003. A guardian’s duties as to an incapacitated person’s health care decisions are described as follows: “Except as otherwise limited by the court, a guardian shall make decisions regarding the ward’s support, care, education, health, and welfare.”
El Paso Cnty. Dep't of Human Servs. v. Martin, 160 P.3d 356 (Colo. Ct. App. 2007). “, will "likely result in substantial harm to the respondent's health, safety, or welfare," and (2) "no other person appears to have authority and willingness to act in the cireumstances." This statute does not contain any language indicating a court has the power to require any…”
Matter of Romero, 790 P.2d 819 (Colo. 1990). · cites it 2× “See §§ 15-14-301 to XX-XX-XXX, 6B C.R.S. (1987) (provisions for appointment of guardians for incapacitated persons).”
Ross v. Hilltop Rehab. Hosp., 676 F. Supp. 1528 (D. Colo. 1987). · cites it 2× “Neither is the availability of the provisions of Colo.Rev.Stat. § 15-14-301, et seq., concerning protection of persons with disabilities.”
Southard ex rel. Southard v. Miles, 714 P.2d 891 (Colo. 1986). · cites it 2× “In view of the serious question raised in this case concerning Southard’s mental competency, we believe that it would be appropriate for the district court on remand of this case to consider either directing Southard’s next friends to petition for the appointment of a guardian…”
Southard by & Through Southard v. Miles, 714 P.2d 891 (Colo. 1986). · cites it 2× “[11] In view of the serious question raised in this case concerning Southard's mental competency, we believe that it would be appropriate for the district court on remand of this case to consider either directing Southard's next friends to petition for the appointment of a…”
LLC v. Johnson, 2019 COA 122 (Colo. Ct. App. 2019). · cites it 3× “See § 15-14-301, C.R.S. 2018 (“A person becomes a guardian of an incapacitated person upon appointment by the court.”
of Arguello, 2019 COA 20 (Colo. Ct. App. 2019). · cites it 2× “§ 15-14-301, C.R.S. 2018. The court may appoint a guardian if it finds by clear and convincing evidence that the respondent is an incapacitated person whose needs cannot be met by less restrictive means.”
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