Current through Register Vol. 47, No. 5, March 10, 2024
A.
When the investigation and assessment indicates probable incapacity and there
is danger to the client's health, safety, and welfare and the client is unable
and/or unwilling to accept services, the county department is urged to petition
the court for an order authorizing the appointment of a guardian and/or
conservator in order to resolve the safety concern(s).
B. Prior to reaching a decision to petition
the court for guardianship or conservatorship, the county department shall
ensure that the following factors are met and have been documented in CAPS:
1. No other method of intervention will meet
the client's needs;
2. There are no
other responsible parties, such as family or friends, to act as guardian or
conservator.
3. Court intervention
will resolve safety concerns;
4.
The county department does not seek guardianship solely to make medical
decisions on behalf of the client (See Section
15-18.5-103(8),
C.R.S.); and,
5. Court intervention
is warranted by either:
a. The degree of
incapacity, as supported by medical or psychiatric evidence, and the degree of
risk, as supported by investigative evidence; or,
b. The suspected incapacity of the client and
the degree of risk, as supported by the investigative evidence, where medical
or psychiatric evidence of incapacity cannot be obtained without court
intervention.
C. If all factors in Section 30.630.B have
been met, the county department is urged to accept guardianship and/or
conservatorship.
1. The county department's
attorney shall represent the county department in the legal process.
2. The county department shall provide all
information deemed necessary by legal counsel.
3. A representative of the county department
shall be prepared to testify in support of the petition.
4. The type of court intervention sought must
be the least restrictive intervention required to meet the needs of the client
and only for those areas in which the client lacks the capacity or the ability
to understand the consequences of decisions, as medically or psychiatrically
substantiated.
5. When a county
department is appointed by the court to act as guardian or conservator, a copy
of the letter of appointment and all other court documents and reports shall be
maintained in CAPS and the client's case record updated to reflect fiduciary
information.
D. The
county department may choose to accept or reject any appointment of
guardianship, based upon county department policy.
E. The county department shall initiate
proceedings to withdraw as guardian and/or conservator when:
1. Medical or psychiatric evidence indicates
a guardian and/or conservator is no longer necessary;
2. Another appropriate guardian or
conservator has been identified; or,
3. The county department is no longer able to
fulfill guardianship responsibilities, as appointed.
F. When a person or agency other than the
county department is requesting appointment as the guardian and/or conservator
of the client, the county department shall assist responsible parties, as
needed, in identifying legal counsel or providing other assistance in
initiating the petition(s).
