SB 23-064

Senate Bill 23-064 extends the Office of Public Guardianship in Colorado indefinitely and expands its reach across all judicial districts by 2030. The bill establishes a board of directors to oversee the office, replaces an existing commission, and allows the office to take legal actions on behalf of individuals who need guardianship services but cannot afford private ones. It also ensures that courts waive filing fees for indigent and incapacitated people seeking these services through the public office. This bill has been signed into law by the governor and is now effective, meaning it will continue to protect vulnerable Coloradans without interruption.

Official Summary

Under existing law, the office of public guardianship (office) is authorized to operate in 3 judicial districts and is scheduled to repeal on June 30, 2024. The act extends the office indefinitely and requires the office to begin operating in additional judicial districts in 2025 and to operate in every judicial district in the state by December 31, 2030. The act establishes a board of directors (board) to oversee the office. The board consists of 7 members: 3 members who are attorneys 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 The existing public guardianship commission that oversees the office is repealed, effective August 31, 2023.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 act permits the office to initiate petitions for guardianship and take any action on behalf of a client that a private guardian may take. The act requires the office to prioritize individuals with the greatest needs when the number of cases in which services have been requested exceeds the number of cases in which public guardianship can provide services. The office of administrative services for independent agencies created in the judicial department in Senate Bill 23-228 in 2023 provides administrative and fiscal support to the office of public guardianship. 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 act requires a court to waive filing fees for petitions for guardianship filed by the office in cases that involve an indigent and incapacitated person 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. The act authorizes the office to spend any gifts, grants, or donations it receives without prior appropriation by the general assembly. The act requires the state auditor to conduct, or cause to be conducted, a performance audit of the office during the period between July 1, 2027, and June 30, 2030. APPROVED by Governor May 30, 2023 EFFECTIVE May 30, 2023 NOTE: Certain sections of the act are contingent on whether or not Senate Bill 23-228 becomes law. Senate Bill 23-228 was signed by the governor April 20, 2023. (Note: This summary applies to this bill as enacted.)

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