Colorado Revised Statutes Title 15. Probate, Trusts, and Fiduciaries § 15-14-801. Legislative declaration

(a) Guardianship constitutes one of the most restrictive options available to adults with disabilities and their families;

(b) Guardianship should be employed only when a less restrictive alternative would fail to meet the needs of the adult with a disability;

(c) Adults with disabilities are presumed competent and have the capacity to facilitate the exercise of decisions regarding their day-to-day health, safety, welfare, or financial affairs, unless otherwise determined through legal proceedings;

(d) Supported decision-making, as defined in section 15-14-802(5), offers adults with disabilities a voluntary method of decision-making that, as appropriate, may also be used concurrently with, but subject to, an existing guardianship, conservatorship, or power of attorney;

(e) Supported decision-making facilitates adults with disabilities in maintaining decision-making authority over their own lives while also encouraging these adults to recognize, create, and maintain supportive communities, through supported decision-making teams, that can assist adults with disabilities in making informed decisions;

(f) Adults with disabilities should have access to opportunities to experience and practice decision-making skills;

(g) Adults with disabilities who do not have a court-appointed guardian or a court-appointed conservator have the right to independently make any decision without any member of the supportive community, regardless of having entered into a supported decision-making agreement; and

(h) Supported decision-making agreements do not:

(i) In addition to supported decision-making, adults with disabilities should have a variety of formal and informal processes available to make decisions and express preferences of choices, including but not limited to medical and financial powers of attorney, guardianship, limited guardianship, conservatorship, special conservatorship, release of information forms, and representative payees.