§ 15-18-108 — Determination of validity

Colorado § 15-18-108

• Jurisdiction: Colorado
• Title 15: Probate,
• Art.: Colorado Medical Treatment

Text

(1) Any person who is the parent, adult
child, spouse, designated beneficiary under the Colorado Designated Beneficiary
Agreement Act, article 22 of this title, or attorney-in-fact under a durable power of
attorney of the qualified patient may challenge the validity of a declaration in the
appropriate court of the county in which the qualified patient is located. Upon the
filing of a petition to challenge the validity of a declaration and notification to the
attending physician, a temporary restraining order shall be issued until a final
determination as to validity is made.

(2) (a) In proceedings pursuant to this section, the court shall appoint a
guardian ad litem for the qualified patient, and the guardian ad litem shall take
such actions as he or she deems necessary and prudent in the best interests of the
qualified patient and shall present to the court a report of his or her actions,
findings, conclusions, and recommendations.

(b) (I) Unless the court, for good cause shown, provides for a different
method or time of notice, the petitioner, at least seven days prior to the hearing,
shall cause notice of the time and place of hearing to be given as follows:

(A) To the qualified patient's guardian or conservator, if any, and the court-appointed guardian ad litem; and

(B) To the qualified patient's spouse or beneficiary under the Colorado
Designated Beneficiary Agreement Act, article 22 of this title, if the identity and
whereabouts of such person is known to the petitioner, or otherwise to an adult
child or parent of the qualified patient.

(II) Notice as required in this paragraph (b) shall be made in accordance with
the Colorado rules of civil procedure.

(c) The court may require evidence, including independent medical evidence,
as it deems necessary.

(3) Upon a determination of the validity of the declaration, the court shall
enter any appropriate order.

(4) If the court determines that any proceedings pursuant to this section or
any pleadings filed in such proceedings were brought, defended, or filed in bad
faith, the court may assess the fees and costs, including reasonable attorney fees,
incurred by the affected parties in responding to the proceedings or pleadings,
against a party that brought or defended the proceedings or filed the pleadings in
bad faith. Nothing in this section is intended to limit any other remedy, sanction, or
surcharge provided by law.

(5) Any declaration executed in compliance with the requirements of
Colorado law in effect at the time the declaration was made shall continue to be an
effective declaration after August 11, 2010.

(6) Any declaration executed in compliance with the laws of the state in
which the declaration was executed shall be considered effective for use within the
state of Colorado to the extent that such declaration does not violate any laws of
the state of Colorado.

Legislative History

Source: L. 2010: Entire article R&RE, (HB 10-1025), ch. 113, p. 380, � 1, effective August 11. L. 2012: IP(2)(b)(I) amended, (SB 12-175), ch. 208, p. 842, � 56, effective July 1.