NOTE: The governor signed this measure on 4/13/2012.
      
      
      SENATE BILL 12-074
      
      
      BY SENATOR(S) Aguilar, Boyd, Carroll, Foster, Giron, Guzman, Heath,
      Jahn, Morse, Newell, Nicholson, Spence, Steadman, Tochtrop, White,
      Williams S.;
      also REPRESENTATIVE(S) Gardner B., Fischer, Kefalas, Kerr J., Labuda,
      Massey, Young.
      
      
      Concerning services provided by a person designated by a person
           eligible for consumer-directed care services.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 15-14-310, amend (5)
      (a) as follows:
      
           15-14-310.  Who may be guardian - priorities - prohibition of
      dual roles. (5) (a)  Unless the court makes specific findings for good cause
      shown or the person is a family caregiver as defined in section 27-10.5-102
      (15.5), C.R.S., or the person is a caregiver to an eligible person
      pursuant to section 25.5-6-1101 (4), C.R.S., the same professional may
      not act as an incapacitated person's or a protected person's:
      
           (I)  Guardian and conservator; or
      
           (II)  Guardian and direct service provider; or
      
           (III)  Conservator and direct service provider.
      
           SECTION 2.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ____________________________  ____________________________
      Brandon C. Shaffer                      Frank McNulty
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO