§ 15-14-310 — Who may be guardian - priorities - prohibition of dual roles

Colorado § 15-14-310

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

Text

(1)
Subject to subsection (4) of this section, the court in appointing a guardian shall
consider persons otherwise qualified in the following order of priority:

(a) A guardian, other than a temporary or emergency guardian, currently
acting for the respondent in this state or elsewhere;

(b) A person nominated as guardian by the respondent, including the
respondent's specific nomination of a guardian made in a durable power of attorney
or given priority to be a guardian in a designated beneficiary agreement made
pursuant to article 22 of this title;

(c) An agent appointed by the respondent under a medical durable power of
attorney pursuant to section 15-14-506;

(d) An agent appointed by the respondent under a general durable power of
attorney;

(e) The spouse of the respondent or a person nominated by will or other
signed writing of a deceased spouse;

(e.5) The partner in a civil union of the respondent or a person nominated by
will or other signed writing of a deceased partner in a civil union;

(f) An adult child of the respondent;

(g) A parent of the respondent or an individual nominated by will or other
signed writing of a deceased parent; and

(h) An adult with whom the respondent has resided for more than six months
immediately before the filing of the petition.

(2) A respondent's nomination or appointment of a guardian shall create
priority for the nominee or appointee only if, at the time of nomination or
appointment, the respondent had sufficient capacity to express a preference.

(3) With respect to persons having equal priority, the court shall select the
one it considers best qualified. The court, for good cause shown, may decline to
appoint a person having priority and appoint a person having a lower priority or no
priority.

(4) An owner, operator, or employee of a long-term-care provider from which
the respondent is receiving care may not be appointed as guardian unless related to
the respondent by blood, marriage, or adoption.

(5) (a) Unless the court makes specific findings for good cause shown or the
person is a family caregiver, as defined in section 25.5-10-202, or the person is a
caregiver to an eligible person, as defined in section 8-7.5-102, the same
professional may not act as an incapacitated person's or a protected person's:

(I) Guardian and conservator; or

(II) Guardian and direct service provider; or

(III) Conservator and direct service provider.

(b) In addition, a guardian or conservator may not employ the same person to
act as both care manager and direct service provider for the incapacitated person
or protected person unless the person is a family caregiver as defined in section
25.5-10-202, C.R.S.

Legislative History

Source: L. 2000: Entire part R&RE, p. 1796, � 1, effective January 1, 2001 (see � 15-17-103). L. 2009: (1) amended, (HB 09-1260), ch. 107, p. 445, � 11, effective July 1. L. 2010: (1)(b) amended, (SB 10-199), ch. 374, p. 1753, � 18, effective July 1. L. 2011: (5) amended, (SB 11-083), ch. 101, p. 305, � 10, effective August 10. L. 2012: (5)(a) amended, (SB 12-074), ch. 110, p. 386, � 1, effective April 13. L. 2013: (1) amended, (SB 13-011), ch. 49, p. 165, � 20, effective May 1; IP(5)(a) and (5)(b) amended, (HB 13-1314), ch. 323, p. 1803, � 25, effective March 1, 2014. L. 2025: IP(5)(a) amended, (HB 25-1325), ch. 255, p. 1268, � 4, effective August 6.