AAS Rules & Statutes
Program Rules and Regulations
The State Unit on Aging provides rules and regulations for Area Agencies on Aging to follow when implementing programs authorized by the Older Americans Act (OAA) Programs for seniors that are authorized by the OAA and the Older Coloradan's Act (OCA). These programs include:
- Nutrition Services
- Transportation Services
- Information and Referral
- National Family Caregiver Support
- Elder Abuse Prevention
- Legal Assistance
- In-home Services Program for Frail Elderly
- Disease Prevention & Health Promotion
- Long Term Care Ombudsman
- Community Based Services
- Senior Community Services Employment
The Adult Protective Services unit provides rules and regulations for County Departments of Social (Human) Services when implementing the state adult protective services program.
Legal (Statutory) Aurhtority for Adult Protective Services in Colorado
Colorado Adult Protective Services (APS) are mandated by the civil statute entitled “Protective Services for Adults At Risk of Mistreatment and Self-Neglect.”
- “Part 1 - Protective Services for At-risk Adults,” Section 26-3.1-101, C.R.S., et seq., defines “at-risk adults,” “mistreatment,” and “self-neglect,” lists the professional groups that are expected to report, and details reporting and investigation requirements in cases of mistreatment and self-neglect of at-risk adults.
- “Part 2 - Protection Against Financial Exploitation of At-risk Adults,” Section 26-3.1-201, C.R.S., et seq., provides recommendations for APS and financial institutions when responding to the financial exploitation of at-risk adults.
Other Statues Relevant to the Protection of At-risk Adults
“Wrongs to At-risk Adults,” Section 18-6.5-101, C.R.S., et seq. mandates enhanced punishments for crimes against at-risk adults; provides procedures for videotaped depositions from at-risk adults; and addresses criminal neglect injurious to the physical or mental health of an at-risk adult.
“Mandatory Sentences for Violent Crimes,” Section 18-1.3-406, C.R.S., et seq. mandates that “crimes of violence” against at-risk adults carry maximum prison sentences.
The “Persons Under Disability - Protection,” Section 15-14-101, C.R.S., et seq. statute clarifies the responsibilities and authority of guardians and conservators appointed by the court to act in the best interest of at-risk adults with limited decision-making capacity. Parts 3 and 4 of this statute deal directly with each of these issues and are entitled:
End of life medical treatment decision-making is covered within four statutes. They include:
- Medical durable powers of attorney are defined and their authority and responsibilities clarified in Part 5 of the “Persons Under Disability - Protection ” statute. This section of the statute is entitled: “Part 5 - Powers of Attorney,” Section 15-14-501, C.R.S., et seq.
- Colorado’s living will statute provides information about living wills and provides a form for developing a living will. The statute is entitled: “Colorado Medical Treatment Decision Act,” Section 15-18-101, C.R.S., et seq.
- Proxy decision-makers for medical decisions are designated on behalf of hospitalized adults who lack decision-making capacity for medical decisions and who have no guardian or medical durable power of attorney. The responsibilities and authorities of proxy decision makers are defined and clarified in the Colorado statute entitled: “Proxy Decision-Makers for Medical Treatment,” Section 15-18.5-101, C.R.S., et seq.
- Directive Relating to Cardiopulminary Resuscitation orders or CPR directives are defined and clarified in the Colorado statute entitled: “Directive Relating to Cardiopulmonary Resuscitation,” Section 15-18.6- 101, C.R.S., et seq.
Rules and Regulations for Implementation of the Colorado APS Program
The Colorado Department of Human Services provides rules and regulations for County Departments of Social (Human) Services in order to implement the mandates contained in the statutes that authorize protective services for at-risk adults. The rules are found in Section 12 CCR 2509-2, located in Volume 7 of the Colorado Department of Human Services Rules and Regulations.