CLICS/CLICS2019A/commsumm.nsf
PUBLIC
BILL SUMMARY For GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE ARRANGEMENTS ACT
JOINT COMMITTEE COMMITTEE ON COLORADO COMMISSION ON UNIFORM STATE LAWS
Date Sep 25, 2019
Location HCR 0112
Guardianship, Conservatorship, and Other Protective Arrangements Act - Consideration tabled indefinitely
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11:24:19 AM |
Brooke Brestel, Chair of the CBA Elder
Law Section discussed the proposed act with current law. Colorado enacted
the 1997 Uniform Guardianship and Protective Proceedings act in 2000-2001
and subsequently passed various laws regarding fiduciary oversight, cost
and compensation, post-adjudication right to counsel, rights of wards with
appointed guardians, audits, protected proceedings monitoring, and the
court's broad authority to review the actions of any fiduciary. There is
a call for guardianship reform and this act is appropriate for states that
have not enacted the previous act or otherwise addressed guardianship concerns.
It is similar to current Colorado law and, in some respects, inferior to
Colorado law. The subcommittee, working with stakeholders, identified four
areas from the bill to address in Colorado: a bill of rights, a bench book
to ensure uniformity of treatment, fiduciary regulation oversight, and
supportive decision-making.
The commission asked whether there were any
other provisions in the act that the group has considered implementing
in Colorado. Ms. Brestel replied that other provisions of interest include
some of the terminology, notice provisions, guardianship for minors, and
emergency proceedings. The commission asked that the subcommittee continue
to work with stakeholders regarding possible changes to improve Colorado's
laws. As the changes to the law, as reported, would no longer constitute
a uniform act, the CBA will need to work with interested legislators regarding
any proposed legislation. The commission thanked Ms. Brestel and her subcommittee
for their time and diligence on the review of this act. Commissioner
Pike moved to defer action on the Guardianship, Conservatorship, and Other
Protective Arrangements Act and remove it from the agenda, Commissioner
Scott seconded, and the motion passed without objection.
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11:44:48 PM
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Motion |
The commission defer action on the Guardianship, Conservatorship, and Other Protective Arrangements Act and remove it from the agenda |
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Charley Pike |
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| Seconded |
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Alicia Duran |
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Thomas Grimshaw |
Excused |
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Donald Mielke |
Excused |
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Thomas Morris |
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Charley Pike |
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Sara Scott |
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Tipper |
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Joseph Whitfield |
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Gardner |
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Claire Levy |
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YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection |
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