j_ccu_2016a_2016-01-12t13:35:49z3 Hearing Summary

Date: 01/12/2016

01:52 PM -- 2.b. Uniform Recognition of Substitute Decision-Making Documents Act, LLS 16-0128





01:53 PM -- Steve Brainerd, CBA Trusts & Estates Section, reported that the bar believes that this act needs to be better integrated with current law. Current law covers documents executed in Colorado and other states and allows these documents to be honored or, if there are religious or moral reservations, allows the transfer of care. As this act does not address current law, documents executed in Canada will be treated differently than state documents and additional legislation may be required to resolve these gaps. The commission asked whether there was any way to bridge this gap within the current bill and discussed some language changes.



Stanley Kent, former CCUSL Commissioner, pointed out that on page 5, lines 13 and 14, the wording is meant to overlay current state laws and perhaps a conforming amendment could solve this problem. The commission’s suggestion of changing the word “state” to “jurisdiction” in 15-14-509 (2), C.R.S., was met with approval.



Jeremy Schupbach, CBA Director of Legislative Relations, reminded the commission that although it seems there is a working compromise on this act there are still bar committees that will need to review and approve it.



The commission discussed whether the conforming amendment works within the bill’s title, the standard practice of amending uniform acts, and potential sponsorship should the bill move forward. Commissioner Steadman indicated that he was willing to be the bill’s sponsor.

thank you to cba for compromise