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j_ccu_2018a_2018-08-13t14:31:33z14 Hearing Summary




PUBLIC
BILL SUMMARY For 6. CBA STUDY GROUP STATUS - GUARDIANSHIP, CONSERVATORSHIP & OTHER PROT. ARR.

JOINT COMMITTEE COMMITTEE ON COLORADO COMMISSION ON UNIFORM STATE LAWS
Date Aug 13, 2018      
Location HCR 0112



6. CBA study group status - Guardianship, Conservatorship & Other Prot. Arr. - Public Testimony and Commission Discussion


04:06:35 PM  

Letitia Maxfield, CBA Elder Law Section, summarized the bar’s involvement with the study group over the past few months and that the prevailing concern with the act is cost. She also pointed out that Maine is the only state that passed the updated act and that Colorado is one of seven states that passed the original uniform guardianship act.

04:09:10 PM  

Rikke Liska, in charge of the stakeholders group, reported that the group has had two meetings and has three more scheduled. She indicated that the bar has emphasized to the stakeholders that they are looking for stakeholder opinion, not bar opinion, and have obtained some judicial participation.

04:11:00 PM  

Brooke Brestel, in charge of the CBA Elder Law Section subcommittee, stated that the subcommittee provided an in-depth comparison of the act to current law to provide stakeholders with context regarding current law, proposed changes, and any available comments. The conclusion to date is that existing Colorado law is more comprehensive than the uniform act. Colorado has been building on the original uniform guardianship act and already includes much of what is proposed in the new act.

04:18:43 PM  

Jeremy Schupbach, CBA Director of Legislative Relations, added that there may be some aspects of the act that would be beneficial for Colorado to adopt, but to do so may not result in a uniform law.

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04:21:58 PM  

The commission asked for more specifics regarding costs and asked about added benefits. Costs included enactment costs to revise the 100 or so current forms used and bring organizations up to date on the new process, increased costs in some protective staff and judges as the act increases the ability and need to access the courts and revisit issues, and increased paperwork and representation in court proceedings. The commission thanked the bar for all of its hard work and the commission looks forward to hearing from the stakeholder group again.






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