How do I create a power of attorney in Colorado?
Colorado was an early UPOAA adopter, putting the law in effect January 1, 2010.
1. Governing Law
Colo. Rev. Stat. §§ 15-14-701 to 15-14-745 (Uniform Power of Attorney Act, Part 7 of Article 14). Healthcare at Colo. Rev. Stat. §§ 15-14-503 to 15-14-509.
2. Types
3. Statutory Form
Colo. Rev. Stat. § 15-14-741 provides the Statutory Form Power of Attorney. Use is optional; substantial conformity protects third parties.
4. Execution Formalities
Under § 15-14-705, the POA must be signed by the principal (or by another in the principal's conscious presence and at the principal's direction) and acknowledged before a notary public. No witnesses required for the financial POA. Medical Durable POA under § 15-14-506 has no formal execution requirements beyond signing and dating, but most are notarized.
5. Durability
Under § 15-14-704, a POA is durable unless it expressly provides that it is terminated by the principal's incapacity. Colorado follows UPOAA's default-durable rule.
6. Acceptance by Third Parties
Colo. Rev. Stat. §§ 15-14-719 and 15-14-720 mirror UPOAA § 120. Person may request agent certification, English translation, or counsel opinion within 7 business days, then must accept or reject within 5 business days. Wrongful refusal allows court-ordered acceptance plus attorney fees.
7. Revocation
Principal may revoke in writing (§ 15-14-710). Recording in the County Clerk and Recorder's Office if real-estate POA was recorded. Notice to agent and third parties. Death, divorce of spouse-agent, or court-appointed conservator terminates.
8. Special Authorities
Section 15-14-740 requires express grant for hot powers: create/amend/revoke a trust, make a gift, create or change survivorship rights, change beneficiary designations, delegate authority, exercise fiduciary powers, waive principal's right to be beneficiary of joint-and-survivor annuity, disclaim property.
This is legal information, not legal advice.
- Bank refuses POA past 7-day certification window
- Health First Colorado (Medicaid) planning requires gifting authority
- Suspected exploitation of an at-risk adult (mandatory reporting)
- Colo. Rev. Stat. § 15-14-701
- Colo. Rev. Stat. § 15-14-704
- Colo. Rev. Stat. § 15-14-705
- Colo. Rev. Stat. § 15-14-710
- Colo. Rev. Stat. § 15-14-719
- Colo. Rev. Stat. § 15-14-740
- Colo. Rev. Stat. § 15-14-741
- Colo. Rev. Stat. § 15-14-506
- Colo. Rev. Stat. § 15-18-104
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.