Information for APS Professionals

• “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.

   

“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:

• “Part 3 - Guardianship of an Incapacitated Person,” Section 15-14-301, C.R.S., et seq.
• “Part 4 - Protection of Property of Protected Person,” Section 15-14-401, C.R.S., et seq.
   

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.

2002 Detailed Summary of the Colorado APS Program - Footnote 108

Footnote 108 provides a comprehensive look at the APS program in Colorado. It was written in October 2002 at the request of the Colorado Legislature.

Colorado Adult Protective Services Data Summary

The Adult Protective Services Data Review includes charts illustrating caseload information, client demographics, and related information about APS in Colorado.

Additional Resources and Training Guides

Additional information on guardianships, conservatorships, powers of attorney, representative payeeships, and medical advance directives are available by clicking on the following links:

• A Basic Guide to Understanding Guardianship, Conservatorship, Power of Attorney, Medical Advance Directives, and Representative Payeeship - A detailed manual containing definitions, procedures, and statutes pertaining to guardians, conservators, agents under a power of attorney, medical advance directives, and representative payees.
• Guardianship Alliance - A resource for information, assistance, and coordination concerning guardianship, conservatorship, and related matters for adults.
• Becoming a Representative Payee - An information sheet providing a concise description of the steps involved in applying for and being designated as the representative payee for another adult.
• Duties of a Representative Payee - An information sheet providing a concise description of the duties and responsibilities, according to the Social Security Administration, of any individual designated as the representative payee for another adult.
• Colorado Bar Association - The Colorado Bar Association’s website links to information that covers a wide range of legal topics, including “Advanced Medical Directives,” “Financial Powers of Attorney,” and “Probate in Colorado.”
• Colorado Coalition for Elder Rights and Adult Protection (CCERAP) - This website provides links to the CCERAP newsletter, numerous educational brochures on at-risk adult issues, a video library list, information on scams and frauds, and several resources that address adult mistreatment and self-neglect issues.
   

Colorado’s APS program works extensively with other service providers in an effort to provide protective services that reduce risk, insure least restrictive interventions, and minimize service duplication to at-risk adults. Examples of collaboration between APS and other professional programs essential to the safety of at-risk adults include:

• The Protocol for Quality Care of At-risk Adults with Mental Illness is a cross training teaching tool for use by professionals in Mental Health and County Adult Protective Services programs.
• The Protocol for Addressing the Mistreatment of At-risk Adults with Developmental Disabilities is a model for developing collaborative service agreements between Community Centered Boards, Regional Centers, and County Adult Protective Services programs.
• The Ombudsmen and Adult Protective Services Program Comparison is a side-by-side comparison of the program elements of the Colorado Long Term Care Ombudsman and County Adult Protective Services programs.
• A Guide for Developing and Maintaining an Adult Protection Team is a resource guide for developing and maintaining AP Teams within Colorado County Departments of Social (Human) Services.
   

Training and resource materials for county APS caseworkers, professional groups, and for community education about the at-risk adult population in Colorado have been developed by the state Adult Protective Services unit.

• Protecting At-Risk Adults - This brochure is available to the public through the County Departments of Social (Human) Services Adult Protective Services programs. It describes the at-risk adult population, the types of mistreatment and self-neglect to which they may be subjected, and the services provided by the county departments to protect them.
• Reporting Mistreatment and Self-Neglect of At-Risk Adults - The Who, What, Why, When, and Where
• APS Roles, Responsibilities, and Limitations

The Colorado Coalition of Elder Rights and Adult Protection has many educational training materials, including brochures, exhibit board displays, handouts and flyers, and educational DVD and VHS movies available for use at community education events.