§ 15-14-102 — Definitions

Colorado § 15-14-102

• Jurisdiction: Colorado
• Title 15: Probate,
• Art.: Persons Under Disability - Protection

Text

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.

Legislative History

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.