Colorado § 15-13-401 - Effect of adjudication for or against personal representative.

§ 15-13-401. Effect of adjudication for or against personal representative.

An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if he were a party to the adjudication.

Source: L. 73: R&RE, p. 1611, § 1. C.R.S. 1963: § 153-4-401.

ARTICLE 14

Persons Under Disability - Protection

PART 1

GENERAL PROVISIONS

15-14-101. Short title.

15-14-102. Definitions.

15-14-103. Guardianship bill of rights.

15-14-104. Facility of transfer.

15-14-105. Delegation of power by parent or guardian.

15-14-106. Subject-matter jurisdiction.

15-14-107. Transfer of jurisdiction.

15-14-108. Venue.

15-14-109. Practice in court - consolidation of proceedings.

15-14-110. Letters of office.

15-14-111. Effect of acceptance of appointment.

15-14-112. Termination of or change in guardian's or conservator's appointment.

15-14-113. Notice.

15-14-113.5. Appointments without notice - investigation - report - procedures.

15-14-114. Waiver of notice.

15-14-115. Guardian ad litem.

15-14-116. Request for notice - interested persons.

15-14-117. Multiple appointments or nominations.

15-14-118. Small estate - person under disability - no personal representative.

15-14-119. Notice to public institutions on appointment of guardian or conservator.

15-14-120. Uniform veterans' guardianship act not affected.

15-14-121. Uniformity of application and construction.

15-14-122. Severability clause.

PART 2

GUARDIANSHIP OF MINOR

15-14-201. Appointment and status of guardian.

15-14-202. Testamentary appointment of guardian - appointment by written instrument.

15-14-203. Objection of others to parental appointment - consent by minor of twelve years of age or older to appointment of guardian.

15-14-204. Judicial appointment of guardian - conditions for appointment - definition.

15-14-205. Judicial appointment of guardian - procedure.

15-14-206. Judicial appointment of guardian - priority of minor's nominee - limited guardianship.

15-14-207. Duties of guardian.

15-14-208. Powers of guardian.

15-14-209. Rights and immunities of a guardian.

15-14-210. Termination of guardianship - other proceedings after appointment.

PART 3

GUARDIANSHIP OF INCAPACITATED PERSON

15-14-301. Appointment and status of guardian.

15-14-302. (Reserved)

15-14-303. (Reserved)

15-14-304. Judicial appointment of guardian - petition.

15-14-305. Preliminaries to hearing.

15-14-306. Professional evaluation.

15-14-307. (Reserved)

15-14-308. Presence and rights at hearing.

15-14-309. Notice.

15-14-310. Who may be guardian - priorities - prohibition of dual roles.

15-14-311. Findings - order of appointment.

15-14-312. Emergency guardian.

15-14-313. Temporary substitute guardian.

15-14-314. Duties of guardian.

15-14-315. Powers of guardian.

15-14-315.5. Dissolution of marriage and legal separation.

15-14-316. Rights and immunities of guardian - limitations.

15-14-317. Reports - monitoring of guardianship - court access to records.

15-14-318. Termination or modification of guardianship - resignation or removal of guardian.

15-14-319. Right to a lawyer post-adjudication.

PART 4

PROTECTION OF PROPERTY OF PROTECTED PERSON

15-14-401. Protective proceeding.

15-14-402. Jurisdiction over business affairs of protected person.

15-14-403. Original petition for appointment or protective order.

15-14-404. Notice.

15-14-405. Original petition - minors - preliminaries to hearing.

15-14-406. Original petition - persons under disability - preliminaries to hearing.

15-14-406.5. Professional evaluation.

15-14-407. (Reserved)

15-14-408. Original petition - procedure at hearing.

15-14-409. Original petition - orders.

15-14-410. Powers of court.

15-14-411. Required court approval.

15-14-412. Protective arrangements and single transactions.

15-14-412.5. Limited court-approved arrangements authorized for persons seeking medical assistance for nursing home care - applicable to trusts established before a certain date.

15-14-412.6. Trust established by an individual - eligibility for certain public assistance programs - general provisions.

15-14-412.7. Income trusts - limitations.

15-14-412.8. Disability trusts - limitations.

15-14-412.9. Pooled trusts - limitations.

15-14-413. Who may be conservator - priorities - prohibition of dual roles.

15-14-414. Petition for order subsequent to appointment.

15-14-415. Bond.

15-14-416. Terms and requirements of bond.

15-14-417. Compensation, fees, costs, and expenses of administration - expenses. (Repealed)

15-14-418. General duties of conservator - financial plan.

15-14-419. Inventory.

15-14-420. Reports - appointment of monitor - monitoring - records - court access to records.

15-14-421. Title by appointment.

15-14-422. Protected person's interest inalienable.

15-14-423. Sale, encumbrance, or other transaction involving conflict of interest.

15-14-424. Protection of person dealing with conservator.

15-14-425. Powers of conservator in administration.

15-14-425.5. Authority to petition for dissolution of marriage or legal separation.

15-14-426. Delegation.

15-14-427. Principles of distribution by conservator.

15-14-428. Death of protected person.

15-14-429. Presentation and allowance of claims.

15-14-430. Personal liability of conservator.

15-14-431. Termination of proceedings.

15-14-432. Payment of debt and delivery of property to foreign conservator without local proceeding.

15-14-433. Foreign conservator - proof of authority - bond - powers.

15-14-434. Right to a lawyer post-adjudication.

PART 5

POWERS OF ATTORNEY

15-14-500.3. Legislative declaration.

15-14-500.5. Definitions - excluded powers.

15-14-501. When power of attorney not affected by disability.

15-14-502. Other powers of attorney not revoked until notice of death or disability.

15-14-503. Short title.

15-14-504. Legislative declaration - construction of statute.

15-14-505. Definitions.

15-14-506. Medical durable power of attorney.

15-14-507. Transfer of principal.

15-14-508. Immunities.

15-14-509. Interstate effect of medical durable power of attorney.

PART 6

POWER OF ATTORNEY

15-14-601. Legislative declaration. (Repealed)

15-14-602. Definitions.

15-14-603. Applicability.

15-14-604. Duration of agency - amendment and revocation - resignation of agent.

15-14-605. Dissolution of marriage. (Repealed)

15-14-606. Duty - standard of care - record keeping - exoneration.

15-14-607. Reliance on an agency instrument.

15-14-608. Preservation of estate plan and trusts. (Repealed)

15-14-609. Agency - court relationship. (Repealed)

15-14-610. Statutory form agent's affidavit regarding power of attorney. (Repealed)

15-14-611. Applicability of part.

PART 7

UNIFORM POWER OF ATTORNEY ACT

SUBPART 1

GENERAL PROVISIONS

15-14-701. Short title.

15-14-702. Definitions.

15-14-703. Applicability.

15-14-704. Power of attorney is durable.

15-14-705. Execution of power of attorney.

15-14-706. Validity of power of attorney.

15-14-707. Meaning and effect of power of attorney.

15-14-708. Nomination of conservator or guardian - relation of agent to court-appointed fiduciary.

15-14-709. When power of attorney effective.

15-14-710. Termination of power of attorney or agent's authority.

15-14-711. Coagents and successor agents.

15-14-712. Reimbursement and compensation of agent.

15-14-713. Agent's acceptance.

15-14-714. Agent's duties.

15-14-715. Exoneration of agent.

15-14-716. Judicial relief.

15-14-717. Agent's liability.

15-14-718. Agent's resignation - notice.

15-14-719. Acceptance of and reliance upon acknowledged power of attorney.

15-14-720. Liability for refusal to accept acknowledged power of attorney.

15-14-721. Principles of law and equity.

15-14-722. Laws applicable to financial institutions and entities.

15-14-723. Remedies under other law.

SUBPART 2

AUTHORITY

15-14-724. Authority that requires specific grant - grant of general authority.

15-14-725. Incorporation of authority - incorporation by reference.

15-14-726. Construction of authority generally.

15-14-727. Real property.

15-14-728. Tangible personal property.

15-14-729. Stocks and bonds.

15-14-730. Commodities and options.

15-14-731. Banks and other financial institutions.

15-14-732. Operation of entity or business.

15-14-733. Insurance and annuities.

15-14-734. Estates, trusts, and other beneficial interests.

15-14-735. Claims and litigation.

15-14-736. Personal and family maintenance.

15-14-737. Benefits from governmental programs or civil or military service.

15-14-738. Retirement plans.

15-14-739. Taxes.

15-14-740. Gifts.

SUBPART 3

STATUTORY FORMS

15-14-741. Statutory form - power of attorney.

15-14-742. Certification.

SUBPART 4

MISCELLANEOUS PROVISIONS

15-14-743. Uniformity of application and construction.

15-14-744. Relation to "Electronic Signatures in Global and National Commerce Act".

15-14-745. Effect on existing powers of attorney.

PART 8

SUPPORTED DECISION-MAKING AGREEMENTS FOR ADULTS WITH A DISABILITY

15-14-801. Legislative declaration.

15-14-802. Definitions.

15-14-803. Supported decision-making agreement - term.

15-14-804. Access to personal information.

15-14-805. Agreement requirements - signature - witnesses or notary public.

15-14-806. Reliance on agreement - limitation of liability.

PART 1

GENERAL PROVISIONS

Editor's note: Section 15-17-103 provides that parts 1 to 4 of this article, as repealed and reenacted effective January 1, 2001, apply to any and all estates, trusts, or protective proceedings whether created or filed prior to or on or after January 1, 2001.

Law reviews: For article, "Adult Guardianships and Conservatorships: Protection of Constitutional Rights", see 15 Colo. Law. 820 (1986); for article, "Mental Competence and Legal Capacity Under Colorado Law: A Question of Consistency", see 19 Colo. Law. 1813 (1990); for article, "Protecting a Disabled Client in a Dissolution of Marriage Action", see 24 Colo. Law. 795 (1995); for article, "Highlights of Colorado's New Guardianship and Conservatorship Laws", see 30 Colo. Law. 5 (Jan. 2001); for article, "Personal Injury and Workers' Compensation Settlements for Incapacitated Persons: Part I", see 30 Colo. Law. 43 (Jan. 2001); for article, "Personal Injury and Workers' Compensation Settlements for Incapacitated Persons: Part II", see 30 Colo. Law. 56 (Feb. 2001); for article, "Examination of Selected Provisions of Colorado's Uniform Guardianship and Protective Proceedings Act", see 31 Colo. Law. 71 (Sept. 2002); for article, "Crisis Intervention to Prevent Elder Abuse: Emergency Guardianships and Other Legal Procedures" see 33 Colo. Law. 91 (July 2004); for article, "The Basics on Juveniles in Probate Court for Protective Proceedings", see 36 Colo. Law. 15 (Feb. 2007); for article, "Practical Solutions to Elder Financial Abuse and Fiduciary Theft", see 41 Colo. Law. 61 (Dec. 2012).