Colorado § 15-23-119 - Access to electronic estate planning document prior to notification of creator's death.

§ 15-23-119. Access to electronic estate planning document prior to notification of creator's death.

(1) Until notified of a creator's death as provided in section 15-23-120 (1)(b), the state court administrator may presume that the creator is living.

(2) When a creator is presumed living, the state court administrator shall deliver a copy of an electronic document certified by the state court administrator to any of the following individuals or entities upon request for a copy of the electronic estate planning document on a form furnished by the state court administrator and payment of a retrieval fee:

(a) The creator, upon presentation of proof of identity of the creator;

(b) An individual authorized to receive the copy of an electronic document in a writing signed by the creator and notarized, upon presentation of:

(I) A record of the writing; and

(II) Proof of identity of the authorized individual;

(c) An agent of the creator, upon presentation of:

(I) A record of the power of attorney;

(II) A record of the agent's certification as to the validity of the power of attorney and the agent's authority as provided in section 15-14-742; and

(III) Proof of identity of the agent;

(d) An individual or entity nominated or appointed as a fiduciary in the electronic document or appointed by a court, upon presentation of:

(I) A record of the original estate planning document or of the certified court order; and

(II) Proof of identity of the fiduciary;

(e) A court-appointed conservator for the creator, upon presentation of:

(I) A record of certified letters of conservatorship; and

(II) Proof of identity of the conservator; or

(f) An individual, entity, court, or government agency authorized to receive the copy of the electronic document as provided in an order entered by a court, upon presentation of:

(I) A record of the certified court order; and

(II) Proof of identity of the authorized individual, or of the individual acting on behalf of the authorized entity, court, or government agency.

(3) A request made pursuant to this section must be made on a form provided by the state court administrator that contains a declaration that the act of submitting the request to the state court administrator subjects the submitter and the individual on whose behalf the submitter is acting to the penalty of perjury pursuant to section 15-23-110 for the information provided and the declarations made in the request form, whether or not the individual is named in the request as the one submitting the request.

(4) The state court administrator shall file a request form submitted pursuant to subsection (2) of this section in the creator's computer folder.

Source: L. 2019: Entire article added, (HB 19-1229), ch. 252, p. 2442, § 1, effective January 1, 2023 (see editor's note following the heading for this article 23).