What the rule says
Colorado adopted the Uniform Power of Attorney Act effective January 1, 2010, codified at Colo. Rev. Stat. § 15-14-701 et seq.
Default durability
A Colorado POA is durable by default — the agent's authority survives the principal's incapacity unless the document expressly states otherwise.
Specific powers
Under Colo. Rev. Stat. § 15-14-740, certain powers require express authorization:
- Making a gift - Creating, amending, modifying, revoking, or terminating an inter vivos trust - Creating or changing rights of survivorship - Creating or changing a beneficiary designation - Disclaiming property - Delegating fiduciary authority
Third-party acceptance
Under Colo. Rev. Stat. § 15-14-720, third parties (banks, brokers, etc.) generally must accept properly executed Colorado POAs.
Execution requirements
A valid Colorado POA must be:
- Signed by the principal - Acknowledged before a notary public
Healthcare power of attorney is separate
Colorado separates property and healthcare frameworks. Healthcare decisions require a separate Colorado Medical Durable Power of Attorney under Colo. Rev. Stat. § 15-14-506.
What happens without a POA
If a Colorado resident becomes incapacitated without an executed durable POA, the family must seek conservatorship or guardianship under Colo. Rev. Stat. § 15-14-401 et seq.
What you can do about it
For Colorado residents:
- Execute a Uniform Power of Attorney. - Acknowledge before a notary. - Specifically enumerate hot powers if needed. - Designate a successor agent. - Coordinate with the Medical Durable POA. - Update older POAs. POAs from before 2010 may not benefit from the current framework.
Who this affects most
Colorado's POA framework is most consequential for Colorado adults without executed POAs and households with older POAs.