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Continue Office Of Public Guardianship

Concerning the office of public guardianship.
2023 Regular Session
Courts & Judicial
Bill Summary

Under existing law, the office of public guardianship (office) is authorized to serve indigent and incapacitated adults (incapacitated adults) in need of guardianship in 3 judicial districts and is scheduled to repeal on June 30, 2024. The bill extends the office indefinitely and requires the office to begin operating in additional judicial districts in 2025 and operate in every judicial district in the state by December 31, 2027. 2030.

The bill establishes a board of directors (board) to oversee the office. The board consists of 7 members: 3 members who are attorneys appointed by the chief justice of the Colorado supreme court and 4 non-attorney members appointed by the governor. The existing public guardianship commission that oversees the office is repealed, effective August 31, 2023.

The bill clarifies the office's duties. If the office of administrative services for independent agencies is created in the judicial department, then that new office provides administrative and fiscal support to the office of public guardianship. If the office of administrative services for independent agencies is not created , the office's office of public guardianship's director administers the office pursuant to a memorandum of understanding with the judicial department, and the bill clarifies what must be included in the memorandum of understanding.

The office is required to employ guardians to provide guardianship services to the office's clients. A guardian must be certified as a guardian or become certified within 2 years after being hired by the office. The office shall provide training to guardians in specified subjects.

The bill requires a court to waive filing fees for petitions for guardianship filed by the office in cases that involve an incapacitated adult who is eligible for guardianship services from the office. A court is prohibited from requiring the office or a guardian employed by the office to post a bond as a condition for appointment as a guardian.

The bill authorizes the office to spend any gifts, grants, or donations it receives without prior appropriation by the general assembly.

The bill requires the state auditor to conduct, or cause to be conducted, a performance audit of the office between July 1, 2027, and June 30, 2030.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)


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Bill Text

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