Colorado § 26-3.1-104 - Provision of protective services for at-risk adults - consent - nonconsent - least restrictive intervention.
Full text of Colorado Colorado Revised Statutes § 26-3.1-104 — Provision of protective services for at-risk adults - consent - nonconsent - least restrictive intervention., with citation guidance and answers to common questions.
§ 26-3.1-104. Provision of protective services for at-risk adults - consent - nonconsent - least restrictive intervention.
(1) If a county director or his or her designee determines that an at-risk adult is being mistreated or self-neglected, or is at risk thereof, and the at-risk adult consents to protective services, the county director or designee shall immediately provide or arrange for the provision of protective services, which services shall be provided in accordance with the provisions of 28 CFR part 35, subpart B.
(2) If a county director or his or her designee determines that an at-risk adult is being or has been mistreated or self-neglected, or is at risk thereof, and if the at-risk adult appears to lack capacity to make decisions and does not consent to the receipt of protective services, the county director is urged, if no other appropriate person is able or willing, to petition the court, pursuant to part 3 of article 14 of title 15, C.R.S., for an order authorizing the provision of specific protective services and for the appointment of a guardian, for an order authorizing the appointment of a conservator pursuant to part 4 of article 14 of title 15, C.R.S., or for a court order providing for any combination of these actions.
(3) Any protective services provided pursuant to this section shall include only those services constituting the least restrictive intervention.
Source: L. 91: Entire article R&RE, p. 1777, § 1, effective July 1. L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 997, § 1, effective May 29. L. 2016: (1) and (2) amended, (HB 16-1394), ch. 172, p. 561, § 12, effective July 1.
Editor's note: This section is similar to former §§ 26-3.1-102 and 26-3.1-103 as they existed prior to 1991.
ANNOTATION
County attorney filing petition for temporary guardianship is immune from liability for attorney fees under § 13-17-102, but may be liable for sanctions under Rule 11, C.R.C.P. Stepanek v. Delta County, 940 P.2d 364 (Colo. 1997).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 26-3.1-104
What does Colorado Revised Statutes § 26-3.1-104 cover?
Section 26-3.1-104 ("Provision of protective services for at-risk adults - consent - nonconsent - least restrictive intervention.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 26-3.1-104?
A common citation format is "Colorado Revised Statutes § 26-3.1-104" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 26-3.1-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.