COLORADO STATUTORY DURABLE POWER OF ATTORNEY
(Colorado Uniform Power of Attorney Act, C.R.S. §§ 15-14-701 et seq., effective January 1, 2010)
PART 1 - PRINCIPAL AND AGENT INFORMATION
PRINCIPAL (Person Creating this Power of Attorney):
Name: [[Principal Full Legal Name]]
Address: [[Principal Address, City, Colorado, ZIP]]
Date of Birth: [[Date of Birth]]
AGENT (Person Authorized to Act for the Principal):
Primary Agent:
Name: [[Primary Agent Full Legal Name]]
Address: [[Agent Address, City, State, ZIP]]
Relationship: [[Spouse / Adult Child / Sibling / Other Trusted Person]]
First Successor Agent (if Primary Agent is unable or unwilling to serve):
Name: [[Successor Agent 1 Full Legal Name]]
Address: [[Address]]
Second Successor Agent (if First Successor is also unable or unwilling):
Name: [[Successor Agent 2 Full Legal Name]]
Address: [[Address]]
Multiple Agents (if appointing co-agents - check one):
- [ ] Co-agents must act jointly (both must agree on every action).
- [ ] Co-agents may act separately (either may act independently).
PART 2 - DURABILITY AND EFFECTIVE DATE
Select One:
- [X] DURABLE POWER OF ATTORNEY. This power of attorney is durable. It shall NOT be terminated or affected by my subsequent disability, incapacity, or incompetence, in accordance with C.R.S. § 15-14-702.
Colorado law: A power of attorney is durable if it contains the words "This power of attorney shall not be affected by the incapacity of the principal" or similar language under C.R.S. § 15-14-702. The durable designation is critical - without it, the POA terminates automatically upon incapacity.
- [ ] NON-DURABLE POWER OF ATTORNEY. This power of attorney terminates if I become incapacitated.
Effective Date - Select One:
- [ ] Immediately Effective. This power of attorney is effective immediately upon my signing.
- [ ] Springing - Effective on Incapacity ("Springing POA"). This power of attorney becomes effective only when [[one licensed physician / two licensed physicians]] certify in writing that I am no longer capable of managing my financial affairs. The Agent must obtain and retain a copy of the written certification before acting under this document (C.R.S. § 15-14-709).
Name(s) of physician(s) authorized to make certification: [[Physician Name(s) or "any two licensed physicians"]]
PART 3 - GENERAL GRANT OF AUTHORITY
(C.R.S. § 15-14-740; pursuant to the Colorado Uniform Power of Attorney Act, granting authority over the subjects checked below)
I hereby grant my Agent authority to act on my behalf with respect to the following matters (initial next to each authority you grant):
General Financial Matters:
| | Subject Matter | Statutory Reference |
|-|----------------|---------------------|
| ____ | Real property | C.R.S. § 15-14-742 |
| ____ | Tangible personal property | C.R.S. § 15-14-743 |
| ____ | Stocks and bonds | C.R.S. § 15-14-744 |
| ____ | Commodities and options | C.R.S. § 15-14-745 |
| ____ | Banks and other financial institutions | C.R.S. § 15-14-746 |
| ____ | Operation of entity or business | C.R.S. § 15-14-747 |
| ____ | Insurance and annuities | C.R.S. § 15-14-748 |
| ____ | Estates, trusts, and other beneficial interests | C.R.S. § 15-14-749 |
| ____ | Claims and litigation | C.R.S. § 15-14-750 |
| ____ | Personal and family maintenance | C.R.S. § 15-14-751 |
| ____ | Benefits from governmental programs or civil or military service | C.R.S. § 15-14-752 |
| ____ | Retirement plans | C.R.S. § 15-14-753 |
| ____ | Taxes | C.R.S. § 15-14-754 |
| ____ | All of the above subjects (general grant - grant ALL subjects) | C.R.S. § 15-14-740 |
General Authority Statement (if "All" is initialed above):
My Agent has authority to do anything with respect to the above matters that I could do myself, subject to the limitations in this document and the Act.
PART 4 - HOT POWERS (SPECIAL AUTHORITY - EXPRESS GRANT REQUIRED)
(C.R.S. § 15-14-741 - the following powers are NOT granted unless specifically initialed. These are "hot powers" because they can significantly affect the Principal's estate plan and financial interests.)
My Agent IS authorized to exercise the following powers ONLY if I initial next to each one:
| | Hot Power | Description |
|-|-----------|-------------|
| ____ | Make gifts | Make outright gifts of my property to individuals or organizations. Gifts to the Agent or Agent's family require independent counsel or court approval unless expressly initialed here. Limit per person per year: $[[Gift Limit, e.g., $18,000 - current annual gift tax exclusion - verify current amount]] |
| ____ | Change beneficiary designations | Alter the beneficiary designation on any of my insurance policies, retirement accounts, annuities, or other accounts subject to beneficiary designation. |
| ____ | Create or change interests in trusts | Create or amend any trust (revocable or irrevocable) for my benefit or the benefit of my dependents. |
| ____ | Renounce or disclaim | Renounce or disclaim an interest in property or a power of appointment, including a bequest or inheritance. |
| ____ | Create or change a right of survivorship | Change the form of ownership of my property to add or remove a right of survivorship. |
| ____ | Authorize another to exercise authority | Delegate authority to another person (sub-agent) on my behalf. |
| ____ | Waive the Principal's right to be a beneficiary of a joint and survivor annuity | Including a survivor benefit under a retirement plan. |
| ____ | Exercise fiduciary powers | Exercise authority over property as trustee or personal representative if I hold such a fiduciary role. |
Limitations on Hot Powers:
[[Describe any additional restrictions - e.g., "Gifts may not be made to the Agent without independent counsel" or "No beneficiary changes may be made to accounts held for the benefit of minors" or "No restrictions"]].
PART 5 - RESTRICTIONS AND LIMITATIONS
(Describe any limits on the Agent's authority - these are binding on the Agent and on third parties with actual notice)
General Restrictions:
[[e.g., "The Agent may not sell my primary residence at [[Address]] without first obtaining written consent of my attorney" / "No single transaction may exceed $[[Amount]] without [[Person's]] written approval" / "None"]]
Termination Date (if any):
- [ ] This power of attorney terminates on [[Date]], unless earlier revoked.
- [ ] This power of attorney has no termination date (continues until revoked or I die).
PART 6 - AGENT'S FIDUCIARY DUTIES
(C.R.S. § 15-14-714)
My Agent must:
(a) Act in my best interest and in good faith;
(b) Act within the scope of authority granted in this document;
(c) Keep my property separate from the Agent's own property;
(d) Maintain accurate records of all transactions;
(e) Act consistently with my known estate plan;
(f) Cooperate with any person holding healthcare decision-making authority for me;
(g) Not make gifts to themselves except as expressly authorized in Part 4;
(h) Not use my property for the Agent's benefit, except as expressly permitted;
(i) Attempt to preserve the value of my estate.
Self-Dealing: My Agent shall not enter into transactions that create a conflict of interest between the Agent's personal interests and my interests, except as expressly authorized in Part 4 or unless no material conflict exists.
PART 7 - COMPENSATION
My Agent:
- [ ] Shall be entitled to reasonable compensation for services rendered, payable from my estate;
- [ ] Shall serve without compensation;
- [ ] Shall receive compensation in the amount of $[[Amount per Hour / per Month or other basis]].
PART 8 - NOMINATION OF CONSERVATOR / GUARDIAN
If a court proceeding is commenced to appoint a conservator or guardian for me, I nominate [[Agent Full Name or Another Person]] as the conservator of my estate and/or as the guardian of my person, as applicable. The court retains discretion to appoint another person if it determines the nomination is not in my best interest.
PART 9 - THIRD-PARTY RELIANCE
(C.R.S. § 15-14-719)
A third party who in good faith accepts this power of attorney and relies on it in completing a transaction shall be protected from liability under Colorado law. A third party is NOT required to investigate whether the Agent's actions are authorized or proper.
If a financial institution, title company, or other third party refuses to honor this power of attorney, my Agent may provide a certification of the power of attorney (C.R.S. § 15-14-721) or seek a court order requiring acceptance (C.R.S. § 15-14-720).
PART 10 - REVOCATION
This power of attorney is revocable. I may revoke it at any time while I am mentally capable by:
(a) Delivering a signed, written revocation to my Agent; and
(b) Delivering a signed, written revocation to any person or institution that is relying on this document.
Revocation is effective when the Agent receives actual notice of the revocation.
PART 11 - EXECUTION - PRINCIPAL'S SIGNATURE
(C.R.S. § 15-14-705 - A Colorado power of attorney must be signed by the Principal (or at the Principal's direction) and either notarized OR signed by two witnesses who are not the Agent, not related to the Agent by blood, marriage, or adoption, and not entitled to any portion of the Principal's estate.)
I, [[Principal Full Legal Name]], sign this Colorado Durable Power of Attorney on [[Date of Signing]], at [[City, Colorado]].
PRINCIPAL:
_______________________________
[[Principal Full Legal Name]]
ACKNOWLEDGMENT - NOTARIZATION
(Required if not using two witnesses; strongly recommended in all cases for financial institutions)
State of Colorado
County of [[County]]
Before me, the undersigned Notary Public in and for the State of Colorado, personally appeared [[Principal Full Legal Name]], known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein stated.
_______________________________
Notary Public
State of Colorado
My Commission Expires: __________
[NOTARY SEAL]
ALTERNATIVE ATTESTATION - TWO WITNESSES (if not notarized)
We declare that the Principal signed this Power of Attorney in our presence; that the Principal appeared to be of sound mind and not acting under duress or undue influence; and that we are not the Agent named above, not related to the Agent by blood, marriage, or adoption, and not entitled to any portion of the Principal's estate.
Witness 1: _______________________________
Printed Name: [[Witness 1 Full Name]]
Address: [[Address]]
Date: __________
Witness 2: _______________________________
Printed Name: [[Witness 2 Full Name]]
Address: [[Address]]
Date: __________
PART 12 - AGENT'S CERTIFICATION (Optional but Recommended)
(C.R.S. § 15-14-721 - allows the Agent to certify that the POA is still in effect and that the Agent has authority to act - useful when presenting to financial institutions)
I, [[Agent Full Legal Name]], certify that:
(a) The Principal, [[Principal Full Legal Name]], granted me authority as Agent under this power of attorney;
(b) To the best of my knowledge, the power of attorney has not been revoked and is currently in full force and effect;
(c) The Principal was competent at the time of signing;
(d) My actions under this power of attorney are within the authority granted to me.
_______________________________
[[Agent Full Legal Name]]
Date: __________
(Agent's signature should be notarized if presented to financial institutions)
> Template - not legal advice. Colorado powers of attorney are governed by the Colorado Uniform Power of Attorney Act, C.R.S. §§ 15-14-701 et seq. (effective January 1, 2010, modeled on the Uniform Power of Attorney Act (UPOAA) 2006). Hot powers (gifts, beneficiary changes) must be expressly granted and are not implied. Financial institutions may require additional documentation or may refuse to honor a POA without independent verification - consult the institution in advance. Consult a Colorado attorney for estate planning advice, particularly for POAs intended to be effective during incapacity.
Primary Sources (as of 2026-06):
- Colorado Uniform Power of Attorney Act, C.R.S. §§ 15-14-701 et seq.
- C.R.S. § 15-14-702 (durability)
- C.R.S. § 15-14-705 (execution requirements)
- C.R.S. § 15-14-709 (springing POA)
- C.R.S. § 15-14-714 (agent's duties - fiduciary standard)
- C.R.S. § 15-14-719 (third-party reliance)
- C.R.S. § 15-14-720-721 (agent certification; court order to honor)
- C.R.S. § 15-14-740-754 (enumerated powers)
