A Colorado durable power of attorney allows someone you choose as your agent to make important decisions for you when you’re unable to do so. This document is especially helpful if you’re unconscious or otherwise unable to provide consent for medical procedures.
A durable power of attorney, unlike a regular POA, stays in effect even if the principal becomes incapacitated and legally can’t make their own decisions.
Colorado state law allows the principal to revoke a durable power of attorney at any time. The law also states that a divorce, annulment, or legal separation automatically revokes a durable power of attorney if the former spouse is named as an agent.
Read on to learn how to use a durable power of attorney in the Centennial State.
Colorado Durable Power of Attorney Requirements
In Colorado, all power of attorney forms are durable by default.
Relevant Laws: § 15-14-701 (Uniform Power of Attorney Act).
Presumed Durable: Yes — durability presumed on all power of attorney forms created on and after January 1, 2010. POA forms created before that date are durable only if the POA is durable under section 15-14-501 or 15-14-745 (2). (§ 15-14-704).
Signing and Notarization: The document must be signed before a notary public. (§ 15-14-705)
Statutory Form: Yes — § 15-14-741.
How to Fill Out a Colorado DPOA Form
You can complete our blank durable power of attorney form for Colorado by following these steps:
Step 1: Designate an Agent
The person granting the POA is the principal and they must choose someone they trust to be the agent or attorney-in-fact. It’s usually someone they trust and fully understand what power of attorney is and the responsibilities associated with it.
Both the principal and the agent should write the name, address and phone number at the top of the durable power of attorney form.
Step 2: Grant Authority
An agent under a power of attorney has legal authority over the matters the principal designates. However, the principal should be specific regarding the powers that are granted and the limitations placed on them.
For example, you can grant your agent power to act on your behalf in all matters relating to your life or you might authorize a specific action or actions—for example, signing documents necessary for selling your house or car.
Step 3: Ensure Your Form Is Durable
In Colorado, all POA forms created after January 2010 are presumed to be durable—unless it’s specified to be non-durable on the form.
Step 4: Sign and Date the Form
In the Signature and Acknowledgment Section, the Principal must add their signature, printed name, address, telephone number, and date. The last page contains information that needs to be filed in by the Notary Public.
Storing and Using Your Form in Colorado
After completing and storing your durable power of attorney form, you will be ready to give copies to agents, family members, a trusted friend, and third parties where it will be used (your landlord, bank, or a state agency).
Signing on Behalf of the Principal
When an agent is to represent you, contact the third party or legal place that the DPOA will be used and provide your ID and that of your agent.
The agent can then sign on your behalf as follows:
[Principal’s name]
by [Agent’s name]
Power of attorney
Revoking a Durable Power of Attorney in Colorado
Divorce, dissolution, annulment, or legal separation terminates any power of attorney previously granted to one’s spouse. Otherwise, a principal can revoke a power of attorney at any time by completing and filing a revocation of power of attorney.