6E741153C54FBBEF872583A00070E12B Hearing Summary

Senator Holbert, sponsor, explained SB19-072, concerning establishing a bill of rights for persons protected through a guardianship.  He requested that the bill be indefinitely postponed in order to work on it over the interim with the Colorado Bar Association.

The following representatives from the Colorado Bar Association testified about their concerns with the bill as written:  Jeremy Schupback, Arlene Barringer, and Brooke Brestel. They noted the bill poses conflicts with Colorado law and shared plans to work on the bill over the interim. They answered questions from the committee about dissatisfaction with the current the guardianship process.       

Ed Shackelford, representing the Colorado Senior Lobby, spoke in opposition to the bill as written.  He noted that guardianship laws could use revisions and discussed the economic impact of elderly individuals staying in nursing homes because of guardianship problems.  

Luanne Fleming, representing Families Against Court Embezzlement Unethical Standards (FACEUS), spoke in support of the bill and distributed a handout about probate courts in Colorado (Attachment A).  She discussed unethical guardianships and fear of retaliation.

Robin Austin, representing FACEUS, testified in support of the bill.  He discussed guardianship abuses and retaliation, and recommended a number of changes to the bill. 

Maureen Welch, representing herself, spoke in support of the measure.  She discussed best practices and competency, and recommended exploring limited guardianships. 

Roger Cassidy, representing himself, spoke in support of the bill.  He discussed a personal experience with his mother and an unethical guardian. 

David Cassidy, representing himself, spoke in support of the bill.  He discussed a personal experience with an unscrupulous guardian. 

Karen Kalavity, representing herself, testified from a neutral position on the bill.  She discussed problems with probate court and guardians taking advantage of older people with real estate assets. 

Rob Hernandez, representing himself as a former state senator, spoke in support of the bill and committed to work with the Colorado Bar Association on it over the interim.  He discussed the need for oversight over court visitors and certain other guardrails.  

Senator Holbert made closing remarks and reported that he will work with the Colorado Bar Association over the interim to resolve conflicts with Colorado law.