Peo in Interest of Powell
── Peo in Interest of Powell ──
Court: Colorado Court of Appeals
Date: May 14, 2026
Category: General
26CA0345 Peo in Interest of Powell 05-14-2026
COLORADO COURT OF APPEALS
Court of Appeals No. 26CA0345
Arapahoe County District Court No. 25MH149
Honorable H. Clay Hurst, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Monique Powell,
Respondent-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE SCHUTZ
Freyre and Brown, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced May 14, 2026
Ron Carl, County Attorney, Meghan Rubincam, Senior Assistant County
Attorney, Aurora, Colorado for Petitioner-Appellee
Tezak Law, P.C., Mary Tezak, Florence, Colorado, for Respondent-Appellant
¶1 Monique Powell appeals the district court’s order authorizing
(1) a six-month extension of her certification for long-term care and
treatment under section 27-65-110(5), C.R.S. 2025; and (2) the
involuntary administration of medication. We affirm.
I. Background
¶2 Powell has a ten-year history of mental illness and psychiatric
hospitalizations. Since February 2025, she has been receiving care
and treatment for a mental health diagnosis of schizoaffective
disorder, bipolar type. She has been an outpatient client of Aurora
Mental Health & Recovery (AMHR) since April 2025 and subject to
various court orders, most recently an August 2025 order granting
long-term certification of Powell and the involuntary administration
of her medications.
¶3 In January 2026, Powell’s treatment providers at AMHR
sought an extension of Powell’s long-term certification along with an
extension of the order authorizing medical personnel to
involuntarily administer her medication. As pertinent to this
appeal, the certification petition alleged that Powell is gravely
disabled because of her mental illness. The petition seeking an
order authorizing the involuntary administration of medications
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asked the court to permit, as relevant here, the involuntary
administration of Abilify, an antipsychotic medication, and three
other drugs to address potential side effects.
¶4 Following an evidentiary hearing, at which the district court
heard testimony from both Powell and one of her treating
psychiatrists, Dr. Erin Smith, the court entered an order extending
Powell’s long-term care certification for six months and authorizing
the involuntary administration of Abilify but denying the request for
authorization to administer the remaining medications
involuntarily.
¶5 The court found by clear and convincing evidence that Powell
has a mental health disorder and is gravely disabled. And the court
found that the People had clearly and convincingly established all
four elements necessary for the involuntary administration of
Abilify: (1) Powell is incompetent to effectively participate in the
treatment decision; (2) the treatment is necessary to prevent a
significant and likely long-term deterioration in her mental health
condition or to prevent the likelihood that she will cause serious
harm to herself or others; (3) a less intrusive treatment alternative
is not available; and (4) Powell’s need for treatment is sufficiently
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compelling to override any bona fide and legitimate interest she has
in refusing treatment. See People v. Medina, 705 P.2d 961, 973
(Colo. 1985).
II. Discussion
¶6 Powell challenges the sufficiency of the evidence supporting
the district court’s order. In particular, she contends that the
evidence was insufficient to support (1) a finding that she is gravely
disabled and (2) the first and third Medina elements. We address
each contention in turn.
A. Standard of Review
¶7 When a party c
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}