C.R.S. Section 27-65-127
Imposition of legal disability

  • deprivation of legal right
  • restoration
  • repeal

(1)

Intentionally left blank —Ed.

(a)

When an interested person wishes to obtain a determination as to the imposition of a legal disability or the deprivation of a legal right for a person who has a mental health disorder and who is a danger to the person’s self or others, is gravely disabled, or is insane, as defined in section 16-8-101, and who is not then subject to proceedings pursuant to this article 65 or part 3 or part 4 of article 14 of title 15, the interested person may petition the court for a specific finding as to the legal disability or deprivation of a legal right. Actions commenced pursuant to this subsection (1) may include but are not limited to actions to determine contractual rights and rights with regard to the operation of motor vehicles.

(b)

The petition must set forth the disability to be imposed or the legal right to be deprived and the reasons.

(2)

The court may impose a legal disability or may deprive a respondent of a legal right only upon finding both of the following:

(a)

That the respondent is a person with a mental health disorder and is a danger to the respondent’s self or others, is gravely disabled, or insane, as defined in section 16-8-101; and

(b)

That the requested disability or deprivation is both necessary and desirable.

(3)

Intentionally left blank —Ed.

(a)

Beginning January 1, 2023, the BHA shall provide periodic updates to the advisory board related to the implementation of House Bill 22-1256, including updates regarding whether the BHA will have the capability and capacity to assist emergency medical services facilities that treat a person under an emergency mental health hold find appropriate placement, when indicated, for the person at an inpatient or outpatient mental health facility or facility designated by the commissioner.

(b)

This subsection (3) is repealed, effective July 1, 2025.

(4)

To have a legal disability removed or a legal right restored, any interested person may file a petition with the court that made the original finding. No legal disability may be imposed nor a legal right be deprived for a period of more than six months without a review hearing by the court at the end of six months, at which time the findings specified in subsection (2) of this section must be reaffirmed to justify continuance of the disability or deprivation. A copy of the petition must be served on the person who filed the original petition, on the person whose rights are affected if the person is not the petitioner, and upon the facility where the person whose rights are affected resides, if any.

(5)

Whenever any proceedings are instituted or conducted pursuant to this section, the following procedures apply:

(a)

Upon the filing of a petition, the court shall appoint an attorney to represent the respondent. The respondent may replace the attorney with an attorney of the respondent’s own choosing at any time. Attorney fees for an indigent respondent are paid by the court.

(b)

The court, upon request of an indigent respondent or the respondent’s attorney, shall appoint, at the court’s expense, one or more professional persons of the respondent’s choosing to assist the respondent in the preparation of the respondent’s case.

(c)

Upon demand made at least five days prior to the date of hearing, the respondent has the right to a trial of all issues by a jury of six.

(d)

At all times the burden is upon the person seeking imposition of a disability or deprivation of a legal right or opposing removal of a disability or deprivation to prove all essential elements by clear and convincing evidence.

(e)

Pending a hearing, the court may issue an order temporarily imposing a disability or depriving the respondent of a legal right for a period of not more than ten days in conformity with the standards for issuance of ex parte temporary restraining orders in civil cases, but no individual habilitation or rehabilitation plan is required prior to the issuance of the order.

(f)

Except as otherwise provided in this subsection (5), all proceedings must be held in conformance with the Colorado rules of civil procedure, but no costs may be assessed against the respondent.

Source: Section 27-65-127 — Imposition of legal disability - deprivation of legal right - restoration - repeal, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-27.­pdf (accessed Oct. 20, 2023).

27‑65‑101
Legislative declaration 27‑65‑102
Definitions 27‑65‑103
Voluntary applications for mental health services 27‑65‑104
Voluntary applications for mental health services - treatment of minors - definition 27‑65‑105
Rights of respondents 27‑65‑106
Emergency mental health hold - screening - court-ordered evaluation - discharge instructions - respondent’s rights 27‑65‑107
Emergency transportation - application - screening - respondent’s rights 27‑65‑108
Care coordination for persons certified or in need of ongoing treatment 27‑65‑108.5
Court-ordered certification for short-term treatment for incompetent defendants in a criminal matter - contents of petition - procedure to contest petition - commitment to behavioral health administration - definition 27‑65‑109
Certification for short-term treatment - procedure 27‑65‑110
Long-term care and treatment of persons with mental health disorders - procedure 27‑65‑111
Certification on an outpatient basis - short-term and long-term care 27‑65‑112
Termination of short-term and long-term treatment - escape 27‑65‑113
Hearing procedures - jurisdiction 27‑65‑114
Appeals 27‑65‑115
Habeas corpus 27‑65‑116
Restoration of rights 27‑65‑117
Discrimination - definition 27‑65‑118
Right to treatment - rules 27‑65‑119
Rights of respondents certified for short-term treatment or long-term care and treatment 27‑65‑120
Administration or monitoring of medications to persons receiving treatment 27‑65‑121
Employment of persons in a facility - rules 27‑65‑122
Voting in public elections 27‑65‑123
Records 27‑65‑124
Request for release of information - procedures - review of a decision concerning release of information 27‑65‑125
Treatment in federal facilities 27‑65‑126
Transfer of persons into and out of Colorado - reciprocal agreements 27‑65‑127
Imposition of legal disability - deprivation of legal right - restoration - repeal 27‑65‑128
Administration - rules 27‑65‑129
Payment for counsel 27‑65‑130
Advisory board - created - service standards and rules 27‑65‑131
Data report
Green check means up to date. Up to date

Current through Fall 2024

§ 27-65-127’s source at colorado​.gov