HB 26-1100

HB 26-1100 is a Colorado bill that updates the state’s laws on guardianship for adults who are unable to make decisions for themselves. It encourages less restrictive alternatives like support services and technology over full guardianship when possible, and it ensures that individuals under guardianship have certain rights, such as visitation from family and friends. The law also requires courts to justify why a full guardianship is necessary instead of a limited one. Since the bill has been signed into law, these changes are now in effect, meaning that adults who need guardianship will be treated according to these new guidelines.

Official Summary

The bill repeals provisions related to the guardianship of an incapacitated person and enacts provisions related to the guardianship of an incapacitated person drafted by the uniform law commission as part of the 'Uniform Guardianship and Protective Proceedings Act'.      The bill provides guidance for guardians and clarifies how appointees must make decisions on behalf of a person under guardianship.      The bill encourages the use of protective arrangements and less restrictive alternatives instead of guardianship if a person's needs can be met with support services and technology.     The bill establishes a bill of rights for adults subject to guardianship (ward) and details what decisions a court may authorize a guardian or conservator for a ward to make on behalf of a ward. and expands the procedural rights for respondents in guardianship proceedings.      The bill provides for visitation and communication rights for individuals subject to guardianship or conservatorship. This includes a limitation on a guardian's ability to prevent communication, visitation, or interactions between a person subject to guardianship and a third party.      The bill prohibits courts from establishing full guardianship if a limited guardianship would meet the respondent's needs, requires a petitioner seeking full guardianship to provide support to justify full guardianship, and requires courts to provide findings to support the imposition of full guardianship.     The bill updates that duties of a guardian to include a duty to notify the court and the ward at least 30 days before the ward is permanently moved to a nursing home, mental health institution, or other facility that restricts the ward's ability to leave the facility or have visitors.      On or before November 1, 2027 and November 1, 2028, the bill requires the state court administrator's office to submit a report detailing the fiscal impact of this bill on the judicial department to the joint budget committee, the senate judiciary committee, and the house of representatives judiciary committee, or their successor committees, and requires the state court administrator's office to create the report using existing data sources.(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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