12 CCR 2518-1-30.630 - COURT INTERVENTION

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).

Notes

12 CCR 2518-1-30.630

37 CR 15, August 10, 2014, effective 9/1/2014 40 CR 01, January 10, 2017, effective 2/1/2017 41 CR 05, March 10, 2018, effective 4/1/2018 41 CR 09, May 10, 2018, effective 6/1/2018 41 CR 13, July 10, 2018, effective 7/30/2018 42 CR 17, September 10, 2019, effective 10/1/2019 42 CR 23, December 10, 2019, effective 12/30/2019 43 CR 13, July 10, 2020, effective 8/1/2020 43 CR 21, November 10, 2020, effective 11/30/2020 44 CR 11, June 10, 2021, effective 6/30/2021 45 CR 03, February 10, 2022, effective 3/2/2022 45 CR 19, October 10, 2022, effective 11/1/2022