H_JUD_2021A 03/30/2021 11:53:00 AM Committee Summary

The committee was called to order. A quorum was present. Representatives Tipper and Young, prime sponsors, presented Senate Bill 21-075, concerning supported decision-making agreements for adults with disabilities, and, in connection therewith, authorizing such agreements as an alternative for or supplement to a guardianship. Representative Young explained the effect of the bill and discussed its need. Representative Tipper provided input of the merits of the legislation, and discussed the positions of certain stakeholders on the bill.

The following persons testified regarding SB 21-075:

Kris Zumalt, representing the Colorado Bar Association, testified on the bill from an "amend" position, noting some deficiencies in the bill that could be addressed by amending it. Ms. Zumalt responded to questions regarding the imposition of fiduciary responsibilities by the bill. Discussion ensued regarding the impact of the bill on a conservatorship under a given fact pattern, and the ability of adults with disabilities to craft agreements under current law similar to those facilitated by the bill.

Christiano Sosa, representing the Arc of Colorado, testified in support of SB 21-075.

Alison Butler, representing the Office of Respondent Parents' Counsel, testified in support of the bill. Ms. Butler clarified certain statistics she cited. Discussion ensued regarding how an agreement crafted under the bill can be dissolved, and the creation of fiduciary responsibilities by the bill. Discussion followed regarding remedies for breaching an agreement created under the bill.

Bob Lawhead, representing the Colorado Developmental Disabilities Council, testified in support of SB 21-075.

Jennifer Levin, representing the Arc of Colorado, testified in support of the bill.

Amanda Lofgren, representing the Department of Health Care Policy and Financing, testified in support of the bill.

Discussion ensued regarding the creation of arrangements under current law similar to those facilitated by the bill, and the likelihood of an at-risk person to be preyed upon as a result of an agreement brokered under the bill.

Representatives Tipper and Young addressed concerns raised during earlier discussion. The chair laid the bill over for action only.