s_jud_2016a_2016-03-14t13:30:47z4 Hearing Summary

Date: 03/14/2016

01:40 PM -- SB16-131



Senator Tate, sponsor, presented Senate Bill 16-131, concerning the management of assets for individuals, and, in connection therewith, clarifying that a fiduciary's authority is suspended after a petition for the fiduciary's removal is filed, protecting an adult ward or protected person's right to an attorney post-adjudication, and preventing a fiduciary from paying court costs or fees from out of an estate after receiving notice of an action for the fiduciary's removal. Senator Tate explained the bill's provisions and his reasons for bringing the bill.



01:45 PM -- Mr. Peter Coulter, representing himself, testified in opposition to the bill. Mr. Coulter discussed his experience in a probate case, including the actions of attorneys.



01:51 PM -- Ms. Karen Kalavity, representing herself, testified in opposition to the bill. Ms. Kalavity discussed the role of attorneys in her experiences with probate matters.



01:55 PM -- Mr. Steve Brainerd, representing the Colorado Bar Association, testified in support of the bill. Mr. Brainerd explained the purpose of the bill and specific provisions of the bill. He discussed the role of fiduciaries and how the bill affects them, and situations involving guardians and conservators.





02:05 PM



Mr. Brainerd continued discussing provisions of the bill. He responded to committee members' questions about the purpose of the bill, the role of courts in removing fiduciaries, and the decisions that may be made by protected persons.



02:12 PM -- Ms. Dawn Howard, representing the Colorado Cross-Disability Coalition, testified in support of the bill. Ms. Howard discussed cases involving legal representation of its members. She responded to committee questions.



02:14 PM -- Mr. Mike Valentine, representing Arapahoe County, testified in support of the bill. Mr. Valentine discussed the role of counties in cases of protected persons, and existing law related to the bill. He responded to questions about his position on the bill.





02:23 PM



Senator Tate provided closing remarks on the bill. Senator Cooke distributed and explained amendment L.006 (Attachment C).



16SenateJud0314AttachC.pdf

Senator Aguilar distributed and explained amendments L.004 (Attachment D) and L.005 (Attachment E). Senator Tate and the committee discussed the amendments. Senator Aguilar withdrew amendment L.004.



16SenateJud0314AttachD.pdf 16SenateJud0314AttachE.pdf

Senator Lundberg distributed and explained amendments L.001 (Attachment F), L.002 (Attachment G), and L.003 (Attachment H). The amendments were not moved.



16SenateJud0314AttachF.pdf 16SenateJud0314AttachG.pdf



16SenateJud0314AttachH.pdf