Colorado § 15-14-312 Emergency guardian

Colorado Statutes

§ 15-14-312 — Emergency guardian

Colorado·Title 15 Probate,·Art. Persons Under Disability - Protection

(1)If the court finds that compliance with the procedures of this part 3 will likely result in substantial harm to the respondent's health, safety, or welfare, and that no other person appears to have authority and willingness to act in the circumstances, the court, on petition by a person interested in the respondent's welfare, may appoint an emergency guardian whose authority may not exceed sixty days and who may exercise only the powers specified in the order. Immediately upon appointment of an emergency guardian, the court shall appoint a lawyer to represent the respondent throughout the emergency guardianship. Except as otherwise provided in subsection (2) of this section, reasonable notice of the time and place of a hearing on the petition must be given to the respondent a

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(1) If the court finds that compliance with
the procedures of this part 3 will likely result in substantial harm to the
respondent's health, safety, or welfare, and that no other person appears to have
authority and willingness to act in the circumstances, the court, on petition by a
person interested in the respondent's welfare, may appoint an emergency guardian
whose authority may not exceed sixty days and who may exercise only the powers
specified in the order. Immediately upon appointment of an emergency guardian,
the court shall appoint a lawyer to represent the respondent throughout the
emergency guardianship. Except as otherwise provided in subsection (2) of this
section, reasonable notice of the time and place of a hearing on the petition must
be given to the respondent and any other persons as the court directs.

(2) An emergency guardian may be appointed without notice to the
respondent and the respondent's lawyer only if the court finds from testimony that
the respondent will be substantially harmed if the appointment is delayed. If not
present at the hearing, the respondent must be given notice of the appointment
within forty-eight hours after the appointment. The court shall hold a hearing on the
appropriateness of the appointment within fourteen days after the court's receipt
of such a request.

(3) Appointment of an emergency guardian, with or without notice, is not a
determination of the respondent's incapacity.

(4) The court may remove an emergency guardian or modify the powers
granted at any time. An emergency guardian shall make any report the court
requires. In other respects, the provisions of parts 1 to 4 of this article concerning
guardians apply to an emergency guardian.

(5) If the court appoints an emergency guardian without notice to the
respondent or any other person entitled to notice pursuant to section 15-14-309 (2)
and the person appointed is a professional without priority to serve pursuant to
section 15-14-310 (1) or protective services pursuant to section 26-3.1-104, the court
shall, upon entry of the order of appointment of emergency guardian,
simultaneously appoint a visitor to investigate and report to the court within
fourteen days after the appointment as provided in section 15-14-113.5.

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Legislative History

Source: L. 2000: Entire part R&RE, p. 1797, � 1, effective January 1, 2001 (see � 15-17-103). L. 2012: (2) amended, (SB 12-175), ch. 208, p. 840, � 51, effective July 1. L. 2020: (5) added, (SB 20-129), ch. 270, p. 1317, � 3, effective September 1.