SB12-074, Guardianship of Adult Children with Disabilities

SB12-074

Concerning Services Provided by a Person Designated by a Person Eligible for Consumer-Directed Care Services

Sponsors: Senator Irene Aguilar, Representative Bob Gardner

Prepared by: The ARC of Colorado

Bill Summary:
The bill would allow:

• A person acting as a guardian for a person eligible for consumer-directed attendant support services (CDASS) to act under probate code as both a guardian and a caregiver.
• The amendment would remove any statutory changes to Medicaid and only amend Title 15, probate code, to allow a guardian to be a paid caregiver under the CDASS program.  Currently a paid provider cannot be a guardian.
• The amendment strikes any reference or change in Title 25.5, the Medicaid statues, because it is a conflct of interest to be an “Authorize representative” (fiscal agent) and a paid caregiver.
• Last year probate code was changed to allow a person paid under family caregiver services to act as a guardian.  This bill would do the same for persons in the CDASS program.

The issue is not whether CDASS allows a guardian to be a caregiver, HCPF does.  The issue is with the probate code in Title 15 which states an individual cannot be a paid caregiver and a guardian.  Last year we made it expressly clear in Title 15 that a person could be a family caregiver and a guardian under the probate code.  This year we are making sure the same is ture for someone in CDASS.  If the amendment (please see attached is adopted) this bill will have nothing to do with HCPF and will only be of concern to the probate section of the Bar who we worked with last year.

The amendment would strike any reference or change in Title 25.5.

• The amended bill will only affect Title 15 – Probate Code – of CO statues – nothing will change in Title 25 – HCPF.
• HCPF Medicaid rules allow for CDASS beneficiaries to pay guardians as caregivers.  SB 74 resolves a possible conflict between the probate code and Medicaid.