Colorado Power of Attorney Form Create a Colorado Power of Attorney Form

Colorado Power of Attorney Form

Updated Dec 06, 2025
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A Colorado Power of Attorney form is a legal instrument that authorizes an individual, known as the principal, to designate another person, referred to as the agent or attorney-in-fact, to manage specific affairs on their behalf.

Poa Type

Select the type of authority you wish to grant. 'General' grants broad powers; 'Limited/Special' restricts authority to specific acts; 'Durable' remains in effect if the Principal becomes incapacitated; 'Springing' only becomes effective upon a specified event.

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COLORADO POWER OF ATTORNEY FORM

IMPORTANT INFORMATION

This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the "Uniform Power of Attorney Act", Part 7 of Article 14 of Title 15, Colorado Revised Statutes.

This power of attorney does not authorize the agent to make health care decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.

This form provides for designation of one agent. If you wish to name more than one agent, you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

I. DESIGNATION OF AGENT

I, , of , name the following person as my agent:

Name of Agent:
Agent's Address:
Agent's Telephone Number:

II. DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

III. GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the "Uniform Power of Attorney Act", Part 7 of Article 14 of Title 15, Colorado Revised Statutes.

(Check the box next to each subject you want to include in the agent's general authority. If you wish to grant general authority over all of the subjects you may check "All Preceding Subjects" instead of checking each subject.)

IV. GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

My agent MAY NOT do any of the following specific acts for me UNLESS I have checked the specific box below.

(Caution: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death.)

V. LIMITATION ON AGENT'S AUTHORITY

An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

VI. SPECIAL INSTRUCTIONS (OPTIONAL)

You may give special instructions on the following lines:

VII. EFFECTIVE DATE

This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.

VIII. NOMINATION OF CONSERVATOR OR GUARDIAN (OPTIONAL)

IX. RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.

X. SIGNATURE AND ACKNOWLEDGMENT

I, the Principal, sign my name to this Power of Attorney on the date stated below.

Signature: _________________________
Date:
Print Name: _______________

XII. WITNESSES (OPTIONAL BUT RECOMMENDED)


IMPORTANT NOTICE TO AGENT

Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

  1. Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;
  2. Act in good faith;
  3. Do nothing beyond the authority granted in this power of attorney; and
  4. Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner: (Principal's Name) by (Your Signature) as Agent.

Unless the Special Instructions in this power of attorney state otherwise, you must also:

  1. Act loyally for the principal's benefit;
  2. Avoid conflicts that would impair your ability to act in the principal's best interest;
  3. Act with care, competence, and diligence;
  4. Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;
  5. Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and
  6. Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.

Termination of Agent's Authority

You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

  1. Death of the principal;
  2. The principal's revocation of the power of attorney or your authority;
  3. The occurrence of a termination event stated in the power of attorney;
  4. The purpose of the power of attorney is fully accomplished; or
  5. If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.

Liability of Agent

The meaning of the authority granted to you is defined in the "Uniform Power of Attorney Act", Part 7 of Article 14 of Title 15, Colorado Revised Statutes. If you violate the "Uniform Power of Attorney Act", Part 7 of Article 14 of Title 15, Colorado Revised Statutes, or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.

What is a Colorado Power of Attorney Form?

A Colorado Power of Attorney form is a legal instrument that authorizes an individual, known as the principal, to designate another person, referred to as the agent or attorney-in-fact, to manage specific affairs on their behalf. This document is essential for estate planning, allowing the agent to make financial, property, or medical decisions if the principal becomes unable to do so due to absence, illness, or incapacitation. By executing this document, Colorado residents can ensure their personal and business matters are handled according to their wishes without requiring a court-appointed guardianship or conservatorship.

Legal Framework: The Colorado Uniform Power of Attorney Act

The governance of financial powers of attorney in the state falls under the Colorado Uniform Power of Attorney Act (UPOAA), which is codified in Title 15, Article 14 of the Colorado Revised Statutes (C.R.S.). Adopted to create consistency with other jurisdictions, this act outlines the statutory requirements for creating, modifying, and terminating these legal powers. According to C.R.S. § 15-14-705, for a Colorado Power of Attorney form to be valid, it must be signed by the principal or in the principal's conscious presence by another individual directed by the principal. While witnesses are not strictly required for financial powers of attorney by state statute, the signature is presumed to be genuine if it is acknowledged by a notary public, which is highly recommended for documents intended for use with banks or real estate transactions.

Immediate vs. Springing Authority

When drafting a Colorado Power of Attorney form, the principal must determine when the agent's authority begins. An immediate power of attorney becomes effective as soon as the document is signed and executed. This is common between spouses or partners who require the ability to act for one another routinely. Alternatively, a springing power of attorney only becomes effective upon the occurrence of a specific event, most commonly the incapacitation of the principal. Under Colorado law, if the document specifies that it becomes effective upon incapacity, a determination is typically made by a physician or a judge, or by a person designated in the document to make that determination.

Required Elements of a Valid Colorado Power of Attorney Form

To ensure the document is legally binding and accepted by third parties, specific elements must be present within the instrument. Missing these components can lead to challenges in court or rejection by financial institutions.

  • Identification of Parties: The full legal names and addresses of both the principal and the agent.
  • Grant of Authority: Clear language specifying the powers granted to the agent, such as banking, real estate, or tax matters.
  • Durability Provision: Explicit text indicating whether the power of attorney survives the principal's incapacity.
  • Signature and Date: The principal must sign and date the document.
  • Notarization: Acknowledgment by a notary public to establish the presumption of validity under C.R.S. § 15-14-705.

Agent Duties and Liability

Accepting the role of an agent involves significant fiduciary responsibilities. Under the UPOAA, an agent is legally required to act in good faith, within the scope of authority granted, and in accordance with the principal's reasonable expectations and best interests. Agents must act loyally for the principal's benefit and avoid conflicts of interest that impair their ability to act impartially. Furthermore, agents are required to keep a record of all receipts, disbursements, and transactions made on behalf of the principal. Violating these duties can result in civil liability for restoring the value of the principal's property and, in cases of intentional misconduct or theft, may lead to criminal charges.

How to Revoke a Power of Attorney

A principal retains the right to revoke a Colorado Power of Attorney form at any time, provided they have the mental capacity to do so. Revocation is typically achieved by executing a new document that expressly revokes prior powers of attorney or by creating a written revocation notice. This notice must be delivered to the agent and any third parties, such as banks or healthcare providers, that may be relying on the previous authority. Additionally, under Colorado law, the authority of a spouse acting as an agent generally terminates upon the filing of an action for legal separation or dissolution of marriage, unless the power of attorney document explicitly states otherwise.

Frequently Asked Questions

Generally, the document does not need to be filed with a government agency to be valid. However, if the agent is granted the authority to handle real estate transactions, the power of attorney must be recorded with the Clerk and Recorder in the county where the property is located.
Yes, a principal may appoint co-agents to act either jointly or separately. If the document does not specify how they must act, Colorado law assumes they may act independently of one another.
No, a power of attorney is only valid while the principal is alive. Upon the death of the principal, the agent's authority ceases immediately, and the disposition of assets is then governed by the Last Will and Testament or state intestacy laws.
If an individual becomes incapacitated without a valid power of attorney in place, family members or interested parties may need to petition the court to be appointed as a guardian or conservator. This process can be time-consuming, public, and expensive compared to executing a power of attorney.
Yes, under the Uniform Power of Attorney Act, a power of attorney created in another state is generally valid in Colorado if it complied with the laws of that state at the time of execution.

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