Fort Collins Colorado Stipulation Regarding Appointment of Decision-Maker Pursuant to Section 14-10-128.3, C.R.S. In Fort Collins, Colorado, a stipulation regarding the appointment of a decision-maker is regulated under Section 14-10-128.3, C.R.S. This provision focuses on establishing a legal framework for designating decision-makers in certain scenarios. Here is a detailed description of the stipulation and its various types: 1. Purpose of the Stipulation: The Fort Collins Colorado Stipulation Regarding Appointment of Decision-Maker Pursuant to Section 14-10-128.3, C.R.S. aims to address situations where an eligible participant in a court proceeding is unable to actively participate in decision-making due to physical or mental incapacity. It provides a mechanism to appoint a decision-maker who can make decisions in the participant's best interest. 2. Appointing a Decision-Maker: The stipulation lays out the process and requirements for appointing a decision-maker. It mandates that the participant's incapacity must be established through medical or psychological evaluations. Once deemed incapacitated, the court has the authority to select a decision-maker based on the participant's preferences or in the absence of such preferences, consider the best interest of the participant. 3. Temporary Decision-Maker: In cases where the participant's incapacity is temporary, the stipulation allows for the appointment of a temporary decision-maker. This temporary decision-maker acts on behalf of the participant until their capacity is restored. 4. Decision-Maker Duties: The stipulation outlines the responsibilities and duties of the decision-maker. These may include making decisions related to medical treatment, financial matters, personal care, and other important aspects of the participant's life. The decision-maker is required to act in the participant's best interest, following applicable laws and regulations. 5. Reporting and Accountability: To ensure transparency and accountability, the stipulation requires regular reporting by the decision-maker to the court. This reporting mechanism enables the court to monitor the decision-maker's actions and intervene if necessary to safeguard the participant's rights. 6. Modifying or Terminating the Appointment: The stipulation allows for modifications or terminations of the decision-maker's appointment under specific circumstances. If the participant's capacity improves or if it is determined that the decision-maker is not acting in their best interest, the court may choose to modify or revoke the appointment. 7. Legal Representation: Participants subject to this stipulation have the right to legal representation. They can consult an attorney who specializes in family law or elder law to ensure their rights are adequately protected throughout the appointment process. The Fort Collins Colorado Stipulation Regarding Appointment of Decision-Maker Pursuant to Section 14-10-128.3, C.R.S. serves as a vital tool in addressing incapacity issues and safeguarding the best interests of individuals unable to make decisions for themselves.
Fort Collins Colorado Stipulation Regarding Appointment of Decision-Maker Pursuant to Section 14-10-128.3, C.R.S.
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