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

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

(1) A visitor appointed pursuant to section 15-14-312 (5) or 15-14-412 (3)(b) must be a person who has such training as the court deems appropriate.

(2) A visitor appointed pursuant to section 15-14-312 (5) or 15-14-412 (3)(b) shall interview the respondent in person and, to the extent that the respondent is able to understand:

(a) Explain to the respondent the substance of the petition; the nature, purpose, and effect of the proceeding; the respondent's right to a hearing pursuant to section 15-14-312 (2), if applicable; and the powers and duties of the emergency guardian or special conservator;

(b) Identify and determine the respondent's view on any member of the supportive community, as defined in section 15-14-102 (7.5), whose participation in the proceedings may serve the respondent's best interests;

(c) Inform the respondent of the name, contact information, and appointment of his or her court-appointed counsel or his or her right to employ and consult with a lawyer at the respondent's own expense; and

(d) Inform the respondent that all costs and expenses of the proceeding, including the respondent's attorney fees, will be paid from the respondent's estate unless the court directs otherwise.

(3) In addition to the duties imposed by subsection (2) of this section, the visitor shall:

(a) Interview the person or persons identified by the respondent as members of the supportive community about the member's relationship, role, and participation in supported decision-making on behalf of the respondent; the member's view on the respondent's limitations; and whether the respondent's needs may be met by less restrictive means; and

(b) Make any other investigation the court directs.

(4) The visitor shall promptly file a report in writing with the court, which must include:

(a) The name, address, and contact information for any member of the supportive community;

(b) A summary of the nature and type of supported decision-making engaged in by the respondent with the assistance of members of the supportive community;

(c) Recommendations on whether any member of the supportive community should be granted permission to participate in the proceedings pursuant to section 15-14-308 (2) or 15-10-201 (27);

(d) Recommendations regarding the appropriateness of emergency guardianship or special conservatorship, including whether less restrictive means of intervention were available and are available;

(e) Recommendations on whether the powers of the emergency guardianship or special conservatorship should be limited based on the desires and personal values of the respondent as expressed by the respondent and the members of the supportive community; and

(f) Any other matters the court directs.

(5) Within seven days after receiving the visitor's report, the court shall review the report and enter an order making the following specific findings:

(a) Whether any member of the supportive community has permission to participate in the proceedings as such participation is found to be in the respondent's best interests, pending further findings and order of the court;

(b) Limiting the powers of the emergency guardian or special conservator as recommended by the visitor, pending further findings and order of the court; and

(c) Any other matters that the court deems appropriate to preserve and protect the rights of the respondent.

Source: L. 2020: Entire section added, (SB 20-129), ch. 270, p. 1316, § 2, effective September 1.