Colorado enacted supported decision-making legislation in 2020 and 2021. There are no new supported decision-making bills pending. We have not located any case law specifically recognizing supported decision-making, but it may still be required as a less restrictive alternative to guardianship.
Colo. Rev. Stat. §§ 15-14-101 to -122; 15-14-301 to -319; 15-14-401 to -434; 15-14.5-101 to -503
Supported Decision-Making Statute
- Colo. Rev. Stat. §§ 15-14-102 (7.5), (13.5); 15-14-113.5 (2020).
Link to Enacted Bill: leg.colorado.gov/bills/sb20-129
- S.B. 129, 72nd Gen. Assemb., 2nd Reg. Sess. (Colo. 2020)
- Description: Requires the court to appoint a court visitor to interview the respondent and others and report to the court on the supported decision-making surrounding the respondent if the court appoints as an emergency guardian or special conservator a professional person or public administrator.
- Status: Codified as of Sept 14, 2020.
- Public Link: leg.colorado.gov/bills/sb20-129
- S.B. 75, 73nd Gen. Assemb., 1st Reg. Sess. (Colo. 2021)
- Description: The bill allows an adult with a disability to voluntarily enter into a supported decision-making agreement with a member of the supportive community.
- Status: Enacted 04/16/2021 (not yet codified).
- Public Link: leg.colorado.gov/bills/sb21-075
- C.R.S.A. § 15-14-801 et seq. (Effective September 7, 2021)
- Description: Allows supported decision-making agreements that allow members of the supportive community to:
- Help with general decision making
- Assist in collecting, obtaining, and understanding information related to medical, psychological, financial, educational, occupational, and social decisions, if the person with a disability requests that assistance
- Assist in communicating the adult with a disability’s decisions to the appropriate persons
- Public link to bill [leg.colorado.gov/sites/default/files/2021a_075_signed.pdf]
- Blog: CO DD Council Hosts Supported Decision-Making Event, with an NRC-SDM speaker
- A Roadmap for Guardianship Alternatives
- Report: “Self-Determination and Supported Decision-Making”
Information Last Updated: July 21, 2022