Right to counsel

Generally

There is a statutory right to counsel in a variety of matters related to involuntary medical treatment.

In the context of civil commitment

There is a right to counsel for an an indigent, involuntarily-committed patient over nonconsensual antipsychotic medication treatment. Colo. Stat. § 27-65-107(5).  To learn more about the right to counsel in civil commitment matters, see Colorado, Legislation, Civil Commitment: Right to counsel.

Sterilization of developmentally disabled persons

Developmentally disabled persons whose guardians have petitioned the court for an order to have them sterilized are also granted the statutory right to a court-appointed attorney.  Colo. Rev. Stat. § 25.5-10-233(2).

Alleged incapacitation due to alcohol or drugs

The provisions related to involuntary treatment due to alleged ‘incapacitation by alcohol’ or drugs apparently permit the court to order a variety of treatments, whether on an outpatient, inpatient, emergency, or intermediate basis. See e.g., Colo. Stat. § 27-81-102 (defining “Treatment”).  As to the right to counsel in such matters, Section 27-81-112(12) states:

The court shall inform the person whose commitment or recommitment is sought of the person’s right to contest the application, to be represented by counsel at every stage of any proceedings relating to the person’s commitment and recommitment, and to have counsel appointed by the court or provided by the court if the person wants the assistance of counsel and is unable to obtain counsel. If the court believes that the person needs the assistance of counsel, the court shall require, by appointment if necessary, counsel for the person regardless of the person’s wishes.

As to minors

As to alcohol and drugs

The same section appears to govern involuntary treatment of both adults and minors, as Section 27-81-112(3)(c) provides that if the person whose commitment is sought seeks to contest the matter, notice of the hearing must be provided to the respondent and, if the respondent is a minor, to one of their parents or their legal guardian.  As discussed above, the right to counsel attaches under Section 27-81-112(12).

Electroconvulsive treatment: No procedure to contest

As to electroconvulsive treatment of minors, the procedure may be performed if the minor’s parent, custodian, or guardian consents and other requirements are met.  Specifically, Colo. Rev. Stat. § 13-20-403(2) permits electroconvulsive treatment to be performed on a minor 16 years of age or older but under 18 “only if two individuals licensed to practice medicine in Colorado and specializing in psychiatry approve the treatment, and the minor’s parent, legal custodian, or legal guardian consents to the treatment.”  As to minors 15 years of age or younger, such treatment may be performed if “(a) Two individuals licensed to practice medicine in Colorado and specializing in psychiatry approve”, provided that one of those persons also “specialize[s] in child and adolescent psychiatry”, “(b) Other less-invasive treatments have failed;” “(d) [sic] [The procedure] is performed by at least one physician, or the physician’s designee, who is trained and credentialed in electroconvulsive treatment; and (e) The minor’s parent, legal custodian, or legal guardian consents to the electroconvulsive treatment.” Id. at (3).

A bill introduced in 2025, HB 1070, would have provided a means through which minors could object to such treatment, as well as appointed counsel for such matters. Unfortunately, these provisions were removed during the legislative process.