ColoradoLaw lists rights for adults under guardianship
When effective, the law will list rights for adults under guardianship and require guardians, when feasible, to give advance notice of certain permanent moves.
What it does
When effective, the law will list rights for adults under guardianship, including privacy and a say in decisions about their care. Courts may authorize guardians to make certain decisions, and may restrict some rights only through a written order with supporting findings.
When effective, guardians must, when reasonably feasible, give adults at least 30 days’ notice before a permanent move to a facility that restricts leaving or visits. The rule has exceptions for moves in the guardian’s plan or specifically ordered by a court.
The state court administrator’s office must report the act’s fiscal impact on the Judicial Department to legislative budget and judiciary committees, using existing data.
Argument forAdults under guardianship could use clearer rights and court access to take part in decisions and raise concerns about their care.
Argument againstAdvance notice could make it harder for a guardian to arrange a permanent move on short notice, even when a facility is needed.
More detail
The law lists rights for adults under guardianship, including participation in decisions, privacy, and a lawyer who advocates for the outcome they want. These rights apply to a person under guardianship, whom the law calls a ward. Participation depends on whether the person wants and is able to take part; services depend on available resources. A court may authorize a guardian to make certain decisions, and a court order may limit listed rights. Voting, reproductive health and the ability to procreate, and changing marital status may be restricted only if the court states the restrictions and supporting findings in the appointment order. This section does not create a new cause of action. The act is scheduled to take effect August 12, 2026, if the legislature adjourns on May 13, 2026. If a referendum petition is filed, it takes effect only if voters approve it, on the date the governor officially declares the vote.
A guardian must notify the adult, when reasonably feasible, at least 30 days before a planned permanent move to a facility that restricts leaving or visits. This covers a permanent move to a nursing home, mental health institution, or other facility that restricts the adult’s ability to leave or have visitors. The notice should be given at the adult’s primary home if possible. Notice is not required when the move is proposed in the guardian’s plan or specifically authorized by the court. Notice is due at least 30 days before the move, if possible.
The state court administrator’s office must report the act’s fiscal impact on the Judicial Department to legislative committees. Reports go to the Joint Budget Committee and the Senate and House Judiciary Committees, or their successor committees. The office must use existing data sources to prepare the reports. Reports are due November 1, 2027, and November 1, 2028. The reporting subsection is repealed January 1, 2029.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- May 29Governor Jared Polis SignedBecame Law
- May 28Signed by the Speaker of the HouseMajor
- May 28Signed by the President of the SenateMajor
- May 28Sent to the GovernorTo Governor
- May 12House Considered Senate Amendments - Result was to Concur - Repass
- Vote recorded CONCUR. Result: pass.Upper
- Vote recorded REPASS. Result: pass.Upper
- Vote recorded CONCUR. Result: pass.Lower
- Vote recorded REPASS. Result: pass.Lower
- May 11Senate Third Reading Passed with Amendments - FloorPassed Senate
- Vote recorded AMEND (L.009). Result: pass.Upper
- Vote recorded BILL. Result: pass.Upper
- May 8Senate Second Reading Special Order - Passed with Amendments - Floor
- May 7Introduced In Senate - Assigned to FinanceMinor
- Vote recorded Refer House Bill 26-1100 to the Committee of the Whole. Result: pass.Upper
- May 7Senate Committee on Finance Refer Unamended to Senate Committee of the WholeMinor
- May 6House Third Reading Passed with Amendments - FloorPassed House
- Vote recorded AMD (L.005). Result: pass.Lower
- Vote recorded PERM. Result: pass.Lower
- Vote recorded BILL. Result: pass.Lower
- May 5House Committee on Appropriations Refer Amended to House Committee of the WholeMinor
- Vote recorded Adopt amendment L.003. Result: pass.Lower
- Vote recorded Refer House Bill 26-1100, as amended, to the Committee of the Whole. Result: pass.Lower
- May 5House Second Reading Special Order - Passed with Amendments - Committee, Floor
- Apr 23House Committee on Finance Refer Amended to AppropriationsMinor
- Vote recorded Refer House Bill 26-1100, as amended, to the Committee on Appropriations. Result: pass.Lower
- Vote recorded Adopt amendment L.002 (Attachment C). Result: pass.Lower
- Apr 1House Committee on Judiciary Refer Amended to FinanceMinor
- Vote recorded Adopt amendment L.001 (Attachment I). Result: pass.Lower
- Vote recorded Refer House Bill 26-1100, as amended, to the Committee on Finance. Result: pass.Lower
- Feb 3Introduced In House - Assigned to JudiciaryIntroduced
Disability RightsCivil Rights & Voting