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CAPS Reporting: Introduction to the Regulations and Implications for Professional Fiduciaries

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Kris Zumalt headshot

Kris Zumalt will address House Bill 21-1123 CAPS Checks for Substantiated Mistreatment of At-Risk Adult and the implications of the newly enacted reporting requirements on professional fiduciaries. Effective January 1, 2022, this bill now requires new substantiated findings of mistreatment against a professional fiduciary to be reported to employers, the courts, and DORA.  Furthermore, the court is now required to request a CAPS check on every petition for the appointment of a guardian or conservator.  The presentation will also address the APS investigation process, definitions of the various forms of mistreatment (abuse, exploitation, caretaker neglect, and other proscribed acts or omissions), tips for fiduciaries to avoid a substantiated finding, and a high level overview of the appeal process.

Kris A. Zumalt, Esq., is the owner of Zumalt Law LLC. She practices in the areas of contested and uncontested guardianships and conservatorships, probate litigation, fiduciary representation (both civil and criminal), estate administration, estate planning, and CAPS appeals. Kris previously served as a deputy district attorney for Jefferson and Gilpin Counties where she prosecuted all levels of crimes involving the abuse and exploitation of at-risk adults. She is a member of the Elder Law, Trust and Estate, and Criminal Law sections of the Colorado Bar Association, and is a fellow of the Colorado Bar Foundation. Kris is the current Chair of the Elder Law Section and has served as a legislative liaison to the CBA’s Legislative Policy Committee for the Elder Law Section regarding legislation impacting elder law practitioners and their clients. She has volunteered and presented at the Jefferson County Senior Law Days and has presented at continuing legal education programs on elder law topics.

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Contact
Support
support@coloradoguardianshipassociation.org

When
Tuesday, March 8, 2022
from 9:00 AM to 10:15 AM MDT

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Where
On-line ZOOM meeting.  ZOOM details included with Registration confirmation email.

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