Colorado § 15-14-316 Rights and immunities of guardian - limitations

Colorado Statutes

§ 15-14-316 — Rights and immunities of guardian - limitations

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

(1)A guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room and board provided by the guardian or one who is affiliated with the guardian, but only as approved by order of the court. If a conservator, other than the guardian or one who is affiliated with the guardian, has been appointed for the estate of the ward, reasonable compensation and reimbursement to the guardian may be approved and paid by the conservator without order of the court.

(2)A guardian need not use the guardian's personal funds for the ward's expenses. A guardian is not liable to a third person for acts of the ward solely by reason of the relationship. A guardian who exercises reasonable care in choosing a third person providing medical or other care, treatment

Free access — add to your briefcase to read the full text and ask questions with AI

(1) A guardian is
entitled to reasonable compensation for services as guardian and to reimbursement
for room and board provided by the guardian or one who is affiliated with the
guardian, but only as approved by order of the court. If a conservator, other than the
guardian or one who is affiliated with the guardian, has been appointed for the
estate of the ward, reasonable compensation and reimbursement to the guardian
may be approved and paid by the conservator without order of the court.

(2) A guardian need not use the guardian's personal funds for the ward's
expenses. A guardian is not liable to a third person for acts of the ward solely by
reason of the relationship. A guardian who exercises reasonable care in choosing a
third person providing medical or other care, treatment, or service for the ward is
not liable for injury to the ward resulting from the negligent or wrongful conduct of
the third party.

(3) A guardian, without authorization of the court, may not revoke a medical
durable power of attorney made pursuant to section 15-14-506 of which the ward is
the principal. If a medical durable power of attorney made pursuant to section 15-14-506 is in effect, absent an order of the court to the contrary, a health-care
decision of the agent takes precedence over that of a guardian.

(4) A guardian may not initiate certification of a ward to a mental health-care
institution or facility except in accordance with the state's procedure for
involuntary treatment and evaluation of a mental health disorder pursuant to article
65 of title 27. To obtain hospital or institutional care and treatment for a ward's
mental health disorder, a guardian shall proceed as provided under article 65 of
title 27. To obtain services and supports from an approved service agency as
defined in section 25.5-10-202 for a ward with intellectual and developmental
disabilities, a guardian shall proceed as provided pursuant to article 10 of title 25.5.
To obtain care and treatment for a ward's substance use disorder, a guardian shall
proceed as provided pursuant to articles 81 and 82 of title 27. A guardian shall not
have the authority to consent to any such care or treatment against the ward's will.

Colorado § 15-14-316 (Rights and immunities of guardian - limitations) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 2000: Entire part R&RE, p. 1800, � 1, effective January 1, 2001 (see � 15-17-103). L. 2010: (4) amended, (SB 10-175), ch. 188, p. 782, � 19, effective April 29. L. 2013: (4) amended, (SB 13-1314), ch. 323, p. 1803, � 26, effective March 1, 2014. L. 2017: (4) amended, (SB 17-242), ch. 263, p. 1296, � 117, effective May 25.