Connie Eyster, Chair
of Trust & Estates Section Subcommittee reviewing part 5: this
part was not included in the 2019 enactment of the UTC to allow
for additional review, amendments, and to obtain consensus among practitioners.
The draft bill, as amended, has been approved by the section, the Elder
Law Section, and the CBA Legislative Policy Committee. The commission had
questions about Â§15-5-505 (1.5) and (2) [reserved]. Ms. Eyster replied
that the section is regarding creditors and settlor law and that the subcommittee
added some exceptions to comply with current Colorado law, but they were
similar to what other states had added. The reserved portion dealt with
creditor access to assets to which the benefactor has a general power of
appointment. Existing Colorado case law prohibits access to these assets
until that power is exercised and the uniform law took a different approach.
It was decided to let the existing case law stand. Ms. Eyster confirmed
that the changes to the Act were not significant and that the bill draft
should still be considered uniform. The commission thanked the CBA for
their hard work on the Act.