EB9FA746C503EF8087258A4E0053D457 Hearing Summary

Steve Brainerd, Colorado Bar Association (CBA) Trusts and Estates Section, testified that the section has not had a chance to thoroughly review and provide comments on this new act. It clearly has some good ideas in it and it takes a scattered group of provisions that are largely covered in the statutes and consolidates them under one roof, which has some benefit. It appears to affect or replace some 25 sections of statutes appearing in three articles of title 15 so it would significantly affect current Colorado law. Colorado statutes already addresses many of the provisions that the act proposes. The section would like to have the next year to review the act to make sure it works well with Colorado law. Commissioner Snyder noted that part of what the act is doing is recognizing the changing nature of the area of advanced directives with many hospitals requiring their own forms be executed. There is value in the act, but it will take some effort to fit it within our current statutory scheme.

The commission concurred with the section and asked that it report back on its review next fall. The commission will also reach out to the Uniform Law Commission (ULC) to see if it can obtain a side by side comparison. The commission thanked Mr. Brainerd for his testimony.

The commission will not move forward with this item this year.