Colorado § 13-81-102 Right of legal representative

Colorado Statutes

§ 13-81-102 — Right of legal representative

Colorado·Title 13 Courts·Art. Limitations - Persons Under Disability

(1)When there is a legal representative appointed for a person under disability, all rights to take action, except rights of the person under disability against the legal representative himself or herself, vest in said legal representative for the benefit of the person under disability, and the legal representative has authority to take action thereon in his or her own name.

(2)A legal representative may:

(a)Elect, on behalf of a plaintiff in a civil action, a form of funding of a judgment for periodic payments, as described in section 13-64-207;

(b)Elect to receive the immediate payment to the plaintiff of the present value of the future damage award in a lump-sum amount, in lieu of periodic payments;

(c)Petition a court of competent jurisdiction to establish a disability

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(1) When there is a legal
representative appointed for a person under disability, all rights to take action,
except rights of the person under disability against the legal representative himself
or herself, vest in said legal representative for the benefit of the person under
disability, and the legal representative has authority to take action thereon in his or
her own name.

(2) A legal representative may:

(a) Elect, on behalf of a plaintiff in a civil action, a form of funding of a
judgment for periodic payments, as described in section 13-64-207;

(b) Elect to receive the immediate payment to the plaintiff of the present
value of the future damage award in a lump-sum amount, in lieu of periodic
payments;

(c) Petition a court of competent jurisdiction to establish a disability trust
pursuant to section 15-14-412.8, C.R.S., funded by the proceeds of a settlement or
judgment received by, or on behalf of, a person under disability who is under sixty-five years of age and who is disabled, as defined in Title XIX of the federal Social
Security Act, 42 U.S.C. sec. 1382c (a)(3); or

(d) Petition a court of competent jurisdiction to establish a pooled trust
account pursuant to section 15-14-412.9, C.R.S., funded by the proceeds of a
settlement or judgment received by, or on behalf of, a person under disability who is
disabled, as defined in Title XIX of the federal Social Security Act, 42 U.S.C. sec.
1382c (a)(3).

Colorado § 13-81-102 (Right of legal representative) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 39: p. 449, � 2. CSA: C. 102, � 29. CRS 53: � 87-3-2. C.R.S. 1963: � 87-2-2. L. 2007: Entire section amended, p. 172, � 4, effective August 3.