h_jud_2017a_2017-02-23t13:35:34z0 Hearing Summary

Date: 02/23/2017

Location: HCR 0112

01:36 PM -- HB17-1087



The committee was called to order. A quorum was present. Representative Young, prime sponsor, presented House Bill 17-1087, concerning an office of public guardianship. Representative Young explained the effect of the bill and discussed its need. He also provided background on the creation of the bill, and discussed the effect of some forthcoming amendments. Representative Young responded to questions regarding the stakeholder process observed during the bill's drafting, and the time frame for creating the legislation. The following persons testified regarding HB 17-1087:



01:47 PM -- Ms. Mary Catherine Rabbitt, representing the Colorado Bar Association Elder Law Section, testified in support of the bill. Ms. Rabbitt provided some legislative history on public guardianship for certain populations, and some background on the Public Guardianship Advisory Committee. She discussed the types of people who might benefit from public guardianship. Ms. Rabbitt responded to questions regarding how indigent, incapacitated persons are currently provided for, and the size of the population that would be affected by the bill. Ms. Rabbitt responded to further questions on why a pilot project is being proposed under the bill. Representative Young provided input on this issue.





01:59 PM



Discussion continued regarding the creation of a pilot program under the bill as compared to a statewide program, and the fiscal impact of the legislation.



02:00 PM -- Judge Elizabeth Leith, representing the Judicial Department, testified on the bill from a neutral, informational perspective. Judge Leith provided background information on the creation of HB 17-1087, and clarified why the bill was introduced. She underscored the conditions of those who would benefit from the legislation. Judge Leith responded to questions regarding the jurisdiction of the probate court over the subject population, and other states that conduct programs similar to that created by HB 17-1087. Discussion ensued regarding funding for the bill's pilot program, and the potential for maintaining a statewide public guardianship program through pro bono activity.



02:13 PM -- Ms. Deb Bennett-Woods, representing the Colorado Collaborative for Unrepresented Patients, testified in support of the bill. Ms. Bennett-Woods discussed the need for public guardianship for the indigent and incapacitated, and issues faced by this population. Ms. Bennett-Woods noted some efficiencies to be gained through the bill's program, and responded to a question regarding potential savings from a public guardianship program. Dr. Matthew Wynia, representing himself, testified in support of HB 17-1087. Dr. Wynia discussed the benefits of HB 16-1101, and the potential fiscal benefits of public guardianship. Mr. Patrick Theissen, representing the Alzheimer's Association of Colorado, testified in support of the bill. Mr. Thiessen outlined some clients he has worked with who would benefit from a public guardianship program.





02:31 PM



Mr. Theissen responded to questions regarding options for changing state law to allow certain entities, such as nursing homes, to act as guardians for the incapacitated, and available funding sources for providing guardianship for the incapacitated. Mr. Thiessen responded to questions regarding how guardian-designees would operate under HB 17-1087. Ms. Tamara Trujillo, representing the Colorado Chapter of the National Academy of Elder Law Attorneys, testified in support of HB 17-1087. Ms. Trujillo discussed the benefits of operating a pilot program under the bill. Discussion ensued regarding how an attorney might become a public guardian under the bill.



02:42 PM -- Ms. Barbara Redmon, representing Denver Health, testified in support of the bill. Ms. Redmon discussed the incapacitated population that visits Denver Health, and noted some problems in finding guardians for this population. She discussed the benefits of operating a public guardianship office.



02:46 PM -- Former Representative Jim Riesberg, representing the Strategic Action Planning Group on Aging, testified in support of HB 17-1087. Representative Riesberg discussed the work of the group. Ms. Jeanette Henlsey, representing the Colorado Senior Lobby, testified in support of the bill. Ms. Henlsey and Representative Riesberg responded to questions regarding the aging and incapacitated populations in Colorado. Ms. Hensley responded to questions regarding the model that might be observed in creating a public guardianship program.



02:55 PM -- Ms. Marijo Rymer, representing the Arc of Colorado, testified in support of the bill. Ms. Rymer discussed the guardianship needs for her organization's client population, and guardianship services provided by her organization. She discussed trends in guardianship needs. Ms. Jeanne Weiss, representing the Arc of Colorado, testified in support of the bill. Ms. Weiss provided further input on guardianship services provided by the Arc, and noted some legal impediments to guardianship. She discussed a case where a person could not attain guardianship. Ms. Rymer responded to questions regarding the population that would benefit from a public guardianship program, and the training for, and duties of, those Arc staffers who provide public guardianship services.





03:05 PM



Discussion ensued regarding creating a pilot program for public guardianship within the Judicial Branch, rather than charging another entity to administer it, such as a nonprofit organization.



03:09 PM -- Ms. Anne Meier, representing the Office of State Long Term Care Ombudsmen Program, testified in support of the bill. Ms. Meier discussed the program, and read the testimony of an ombudsman. Ms. Kathleen Dwyer, representing Disability Law Colorado, testified in support of the bill. Ms. Dwyer discussed an example of an individual her organization worked with who needed guardianship services. Ms. Meier and Ms. Dwyer clarified their affiliations. Ms. Dwyer responded to questions regarding the position of her organization on guardianships, generally. Ms. Meier responded to questions regarding public guardianship programs in other states. Discussion returned to the establishment of the program in the Judicial Branch.



03:23 PM -- Mr. Joshua Ewing, representing the Colorado Hospital Association, testified in support of the bill. Mr. Ewing discussed the barriers in place for those who no longer need hospital care, but are having difficulty exiting care. Mr. Carl Gladstein, representing the Colorado Bar Association, testified in support of HB 17-1087. Mr. Gladstein discussed the need for public guardians, and addressed questions raised during earlier testimony. Ms. Shari Caton, representing the Colorado Bar Association, testified in support of the bill. Ms. Caton, discussed the situation with her father's incapacitation, and the guardianship process undertaken in this instance. She discussed the benefits of the legislation, and addressed questions raised during earlier testimony.





03:43 PM



Ms. Caton responded to questions regarding public guardianship programs operating in other states. Discussion ensued regarding these programs, and alternate structures for public guardianship programs.



03:54 PM -- Ms. Ruth Starr, representing the Denver Commission on Aging, testified in support of HB 17-1087. Ms. Starr discussed the elderly population with which she has worked. Ms. Barbra Evans-Small, representing the Denver Commission on Aging, testified in support of the bill. Ms. Evans-Small discussed the seniors with whom she has worked, and the need for guardianship in this population.



04:01 PM -- Ms. Sophie San Miguel, representing herself, testified in support of the bill. Ms. San Miguel discussed the need to take care of certain populations.



04:02 PM -- Mr. Ed Shackleford, representing himself, testified in support of the bill. Mr. Shackleford discussed the importance of creating a public guardianship program.





04:04 PM



Representative Young explained the effect of amendment L.001 (Attachment A).



17HouseJud0223AttachA.pdf

04:06 PM



Representative Young explained the effect of amendment L.002 (Attachment B).



17HouseJud0223AttachB.pdf

04:07 PM



Representative Young explained the effect of amendment L.003 (Attachment C). Ms. Amanda Hayden, Legislative Council Staff, provided input on the fiscal impact of the amendment.



17HouseJud0223AttachC.pdf

04:07 PM



Representative Weissman explained the effect of amendment L.004 (Attachment D).



17HouseJud0223AttachD.pdf

04:11 PM



Representative Young provided closing remarks in support of HB 17-1087. Various committee members provided their positions on the bill.

04:15 PM



The committee recessed.