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h_jud_2016a_2016-05-05t14:14:16z5 Hearing Summary

Date: 05/05/2016



Final

BILL SUMMARY for SB16-026



HOUSE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Postpone Senate Bill 16-026 indefinitely. The moti

Refer Senate Bill 16-026 to the Committee on Appro
PASS

FAIL







02:32 AM -- SB16-026



Representatives Ransom and Melton, prime sponsors, presented Senate Bill 16-026, concerning personal rights of protected persons, and, in connection therewith, limiting the ability of a guardian or conservator to isolate a protected person. Representative Ransom discussed the need for the legislation, and Representative Melton explained the bill's effect. The following persons testified regarding SB 16-026:



02:39 AM --
Mr. Denny Benton, Mr. Doug Colby, and Mr. Milton Benton, representing themselves, testified in support of the bill. Mr. Denny Benton explained the circumstances under which his father's retirement funding was drained by conservators and he was subsequently isolated, and discussed the subsequent impacts. Mr. Denny Benton discussed the lack of accountability for conservators. Mr. Milton Benton discussed his military service and subsequent life experiences. Mr. Denny Benton read a statement on behalf of Mr. Milton Benton. Mr. Colby provided his perspective on the conservatorship issue facing the Miltons. Mr. Denny Benton responded to questions regarding how his father's conservatorship situation developed, and how SB 16-026 may address such situations.



03:03 AM --
Mr. Dave Bernhart, representing the Denver Department of Human Services and the Colorado Bar Association, testified in opposition to the bill. Mr. Bernhart discussed current guardianship law, and explained that the bill is duplicative of current statutes. Mr. Bernhart responded to questions regarding how someone might petition to remedy suspected problem guardianship issues.





03:16 AM



Discussion continued regarding avenues for intervening in guardianship cases.



03:17 AM --
Ms. Courtney Smith, representing herself, testified in opposition to SB 16-026. Ms. Smith explained why the bill would harm those it seeks to protect, providing an example of such a situation.



03:21 AM --
Mr. Spencer Crona, representing the Colorado Bar Association Elder Law Section, testified in opposition to the bill. Mr. Crona explained that the bill will force instances of double court proceedings, and will further exacerbate litigation.



03:25 AM --
Ms. Rose Mary Zapor, representing the Elder Law Council of the Colorado Bar Association, testified in opposition to the bill. Ms. Zapor discussed the different types of cases where the guardian either fails or defrauds the ward. Ms. Zapor explained that the bill duplicates provisions already in law.



03:30 AM --
Mr. Mike Valentine, representing the Arapahoe County Board of County Commissioners, testified in opposition to the bill. Mr. Valentine explained that the bill puts wards at risk, and is duplicative of current laws. Mr. Valentine responded to questions regarding how a fiduciary stops inappropriate visits to wards under current law.



03:35 AM --
Ms. Darlene Cypser, representing herself, testified in support of the bill. Ms. Cypser discussed the effects of isolation for wards, and rebutted the notion that there are adequate protections for wards in current law. She provided examples of isolation, and rebutted the notion that the bill will lead to increased litigation.



03:40 AM --
Ms. Leia Ursery, representing the Colorado Bar Association, testified in opposition to the bill. Ms. Ursery provided background on how guardianship situations are established, and discussed avenues through which guardianship abuse may be addressed.



03:44 AM --
Ms. Karen Kalavity, representing herself, testified in support of SB 16-026. Ms. Kalavity discussed her father's guardianship situation, and explained how someone is able to exploit such situations.



03:46 AM --
Mr. John DeBruyn, representing himself, testified in support of the bill. Committee members received copies of Mr. DeBruyn's testimony (Attachment J). Mr. DeBruyn provided an overview of Attachment J.



16HouseJud0505AttachJ.pdf16HouseJud0505AttachJ.pdf



03:51 AM --
Ms. Ruth Sadler, representing herself, testified in support of the bill. Ms. Sadler explained how her parent's estate was liquidated, and the struggles she experienced in trying to gain guardianship of her mother. She discussed the impact this situation has had on her family. Ms. Sadler read the testimony of Margaret Price.



03:58 AM --
Mr. Robin Austin, representing FACEUS, read the testimony of Ms. Carol Fox in support of SB 16-026. Mr. Austin then read his own testimony in support of the bill. Mr. Austin responded to the scope of the problem addressed by SB 16-026. Mr. Austin entered into the record the testimony of Larry Parr (Attachment K), Janet Vanvliet (Attachment L), and Carol Lee Pearson (Attachment M).



16HouseJud0505AttachK.pdf16HouseJud0505AttachK.pdf 16HouseJud0505AttachL.pdf16HouseJud0505AttachL.pdf



16HouseJud0505AttachM.pdf16HouseJud0505AttachM.pdf



04:14 AM --
Ms. Luanne Fleming, representing FACEUS, testified in support of the bill.



04:17 AM --
Mr. Edward J. Baker, representing himself, testified in support of SB 16-026. Mr. Baker discussed his military service that resulted in an injurious accident, and his subsequent mistreatment by a conservator.



04:23 AM --
Mr. Peter Coulter, representing himself, testified in support of the bill. Mr. Coulter discussed corruption in the court system with respect to guardianships.



04:26 AM --
Ms. Susie Lane, representing herself, testified in support of the bill. Ms. Lane explained how an attorney drew down a large sum of money in a divorce and subsequent probate case, and was separated from her children.



04:30 AM --
Mr. Steven Harvie, representing himself, testified in support of the bill. Mr. Harvie explained how his father was removed from his care, and his assets were reduced.



04:34 AM --
Ms. Ann Toll, representing herself, testified in support of the bill. Ms. Toll discussed the lack of accountability in the probate system, and explained how the bill will improve the system.





04:38 AM



No amendments were offered to SB 16-026.

BILL: SB16-026
TIME: 04:38:59 AM
MOVED: Melton
MOTION: Refer Senate Bill 16-026 to the Committee on Appropriations. The motion failed on a vote of 1-10.
SECONDED: Salazar
VOTE
Carver
No
Court
No
Foote
No
Lawrence
No
Lundeen
No
Melton
Yes
Salazar
No
Willett
No
Wist
No
Lee
No
Kagan
No
YES: 1 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL




BILL: SB16-026
TIME: 04:41:57 AM
MOVED: Kagan
MOTION: Postpone Senate Bill 16-026 indefinitely. The motion passed on a vote of 10-1.
SECONDED: Lee
VOTE
Carver
Yes
Court
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Melton
No
Salazar
Yes
Willett
Yes
Wist
Yes
Lee
Yes
Kagan
Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS














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