Ballot Title Setting Board
2013-2014

The title as designated and fixed by the Board is as follows:

An amendment to the Colorado constitution concerning protected persons in probate proceedings, and, in connection therewith, prohibiting a person from being declared incompetent until examined by a licensed psychiatrist and determined to be mentally incompetent; dismissing all probate proceedings where the person is declared competent; requiring persons declared mentally incompetent to be appointed legal representation and providing for the assignment of such representation; making any judge in a probate proceeding personally liable for certain violations which violations also result in the judge’s removal and disbarment; specifying damages and costs to which a protected person and his or her attorney are entitled; requiring a specified amount of surety bond for conservators of protected persons; and requiring an audit to be conducted prior to closing of the conservatorship.

The ballot title and submission clause as designated and fixed by the Board is as follows:

Shall there be an amendment to the Colorado constitution concerning protected persons in probate proceedings, and, in connection therewith, prohibiting a person from being declared incompetent until examined by a licensed psychiatrist and determined to be mentally incompetent; dismissing all probate proceedings where the person is declared competent; requiring persons declared mentally incompetent to be appointed legal representation and providing for the assignment of such representation; making any judge in a probate proceeding personally liable for certain violations which violations also result in the judge’s removal and disbarment; specifying damages and costs to which a protected person and his or her attorney are entitled; requiring a specified amount of surety bond for conservators of protected persons; and requiring an audit to be conducted prior to closing of the conservatorship?

Hearing April 17, 2014

Single subject approved; staff draft amended; titles set. The Board made technical corrections to the final text of the initiative. Hearing adjourned 10:21 AM.

* Unofficially captioned “Probate Wards" by legislative staff for tracking purposes. This caption is not part of the titles set by the Board.