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

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

(1) A guardianship of a minor terminates upon the minor's death, adoption, emancipation, or attainment of majority or as ordered by the court; except that the appointment of a guardian of a minor pursuant to section 15-14-204 (2.5) does not terminate based on age until twenty-one years of age.

(2) A ward or a person interested in the welfare of a ward may petition for any order that is in the best interest of the ward. The petitioner shall give notice of the hearing on the petition to the ward, if the ward has attained twelve years of age and is not the petitioner, the guardian, and any other person as ordered by the court.

(3) Issues of liability as between an estate and the estate's guardian individually may be determined:

(a) In a proceeding pursuant to section 15-10-504;

(b) In a proceeding for accounting, surcharge, indemnification, sanctions, or removal; or

(c) In other appropriate proceedings.

Source: L. 2000: Entire part R&RE, p. 1791, § 1, effective January 1, 2001 (see § 15-17-103). L. 2008: (3) added, p. 484, § 10, effective July 1. L. 2019: (1) amended, (HB 19-1042), ch. 55, p. 193, § 3, effective March 28.

Editor's note: This section is similar to former § 15-14-210 as it existed prior to 2001.

ANNOTATION

Where a parent's role as day-to-day caregiver of a minor is relinquished through contested or uncontested judicial proceedings and with no indication by the court that the relinquishment was intended to be temporary, the parent has enjoyed and exercised his or her fundamental rights. In re M.J.K., 200 P.3d 1106 (Colo. App. 2008).

Subsequent application of the statutory standards for terminating guardianships or modifying allocations of parental responsibility, which standards certainly allow a court to consider the relationship between the biological parent and the child, does not violate the parent's constitutional rights. In re M.J.K., 200 P.3d 1106 (Colo. App. 2008).

To hold otherwise would effectively afford a parent who relinquishes his or her day-to-day parenting responsibilities through judicial processes a substantial, if not automatic, right to terminate a guardianship or modify an allocation of parental rights with no regard for the perhaps significant impact on his or her children. In re M.J.K., 200 P.3d 1106 (Colo. App. 2008).

PART 3

GUARDIANSHIP OF INCAPACITATED PERSON

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, "Ethical Obligations of Petitioners' Counsel in Guardianship and Conservator Cases", see 24 Colo. Law. 2565; 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, "Placement on a Secure Unit by Surrogate Decision-Makers", see 34 Colo. Law. 49 (Oct. 2005); for article, "Colorado Medicaid Home and Community-Based Services and Least-Restrictive Environment", see 39 Colo. Law. 35 (May 2010); for article, "Practical Solutions to Elder Financial Abuse and Fiduciary Theft", see 41 Colo. Law. 61 (Dec. 2012); for article, "Mental Health Certifications in Colorado: A Primer for Attorneys", see 51 Colo. Law. 48 (Dec. 2022).