Colorado § 15-14-314 - Duties of guardian.

§ 15-14-314. Duties of guardian.

(1) Except as otherwise limited by the court, a guardian shall make decisions regarding the ward's support, care, education, health, and welfare. A guardian shall exercise authority only as necessitated by the ward's limitations and, to the extent possible, shall encourage the ward to participate in decisions, act on the ward's own behalf, and develop or regain the capacity to manage the ward's personal affairs. A guardian, in making decisions, shall consider the expressed desires and personal values of the ward to the extent known to the guardian. A guardian, at all times, shall act in the ward's best interest and exercise reasonable care, diligence, and prudence.

(2) A guardian shall:

(a) Become or remain personally acquainted with the ward and maintain sufficient contact with the ward to know of the ward's capacities, limitations, needs, opportunities, and physical and mental health;

(b) Take reasonable care of the ward's personal effects and bring protective proceedings if necessary to protect the property of the ward;

(c) Expend money of the ward that has been received by the guardian for the ward's current needs for support, care, education, health, and welfare;

(d) Conserve any excess money of the ward for the ward's future needs, but if a conservator has been appointed for the estate of the ward, the guardian shall pay the money to the conservator, at least quarterly, to be conserved for the ward's future needs;

(e) Immediately notify the court if the ward's condition has changed so that the ward is capable of exercising rights previously removed;

(f) Inform the court of a change in the ward's custodial dwelling or address;

(g) Immediately notify the court in writing of the ward's death; and

(h) Notify, to the extent reasonably feasible, the ward, at least thirty days before a change, if possible, at the ward's primary dwelling, of a forthcoming permanent move to a nursing home, mental health institution, or other facility that places restrictions on the ward's ability to leave the facility or have visitors, unless the change or move is proposed in the guardian's plan or authorized by the court by specific order.

Source: L. 2000: Entire part R&RE, p. 1798, § 1, effective January 1, 2001 (see § 15-17-103). L. 2026: (2)(f) and (2)(g) amended and (2)(h) added, (HB 26-1100), ch. 227, p. 1320, § 3, effective August 12.

Editor's note: This section is similar to former § 15-14-312 as it existed prior to 2001.

ANNOTATION

Law reviews. For article, "Adult Guardianships and Conservatorships: Protection of Constitutional Rights", see 15 Colo. Law. 820 (1986). For article, "Colorado Guardianship and Conservatorship Law: A Status Report", see 16 Colo. Law. 421 (1987). For article, "Anticipating Disabilities: Voluntary Planning Opportunities in Colorado", see 17 Colo. Law. 437 (1988).

This section confers upon the guardian no greater right to the custody of his ward than had the parent at common law. People ex rel. Flannery v. Bolton, 27 Colo. App. 39, 146 P. 489 (1915) (decided under repealed CSA, C. 176, § 140).

The trial court did not abuse its discretion in admitting evidence of the respondent's prognosis or the ethics of performing cardiopulmonary resuscitation as concerns the best interest standard of subsection (1). People ex rel. Yeager, 93 P.3d 589 (Colo. App. 2004).

Applied in In re A.W., 637 P.2d 366 (Colo. 1981).