Colorado Power of Attorney Laws: Durable, Medical, and Financial (2026)

A power of attorney is one of the most important legal documents a Colorado resident can create. It lets you name someone you trust to handle financial, legal, or medical decisions on your behalf. Colorado adopted the Uniform Power of Attorney Act (UPOAA) in 2010, codified at C.R.S. 15-14-701 through 15-14-745, giving the state a modern, detailed framework that protects both principals and agents.

For the full 50-state overview, see our national Power of Attorney guide.

What a Power of Attorney Does in Colorado

A power of attorney (POA) is a written authorization by which one person (the principal) gives another person (the agent, also called an attorney-in-fact) legal authority to act on the principal's behalf. The agent can enter contracts, manage bank accounts, sell real estate, pay bills, or make health care decisions, depending on the scope the principal grants.

Colorado law draws a clear line between financial POAs and medical POAs. They are separate documents governed by separate statutes. A financial POA under the UPOAA does not authorize medical decisions, and a medical durable POA under C.R.S. 15-14-506 does not control property or finances.

A POA is not the same as a will or a trust. It only operates during the principal's lifetime. At death, the agent's authority ends immediately, and the estate passes instead under a will, trust, or intestacy law.

Durable Power of Attorney in Colorado

Under C.R.S. 15-14-704, any power of attorney created on or after January 1, 2010 is automatically durable. That means it remains effective even if the principal later becomes incapacitated, unless the document explicitly states it terminates upon incapacity.

This is the reverse of the old rule. Before 2010, a POA was non-durable by default and had to affirmatively declare durability. Under the UPOAA, principals who want a non-durable (or "springing") arrangement must say so in clear language.

A springing POA (one that activates only upon incapacity) is also permitted. C.R.S. 15-14-709 allows the principal to condition effectiveness on a future event, such as a written determination of incapacity by a licensed physician or psychologist.

The practical benefit of durability is significant. Without it, the agent's authority would lapse at exactly the moment it is most needed: when the principal can no longer manage their own affairs.

How to Create a Valid Colorado Power of Attorney

Colorado's execution requirements under C.R.S. 15-14-705 are straightforward:

Signature. The principal must sign the document. If the principal is physically unable to sign, another person may sign the principal's name at the principal's direction, but only in the principal's conscious presence.

Notarization. A signature is presumed genuine if the principal acknowledges it before a notary public or another official authorized to take acknowledgments. Notarization is the standard practice and is required for the POA to be recorded against real property.

Witnesses. No witnesses are required for a financial power of attorney under the UPOAA. This distinguishes Colorado from states that mandate two witnesses in addition to notarization.

Statutory form. C.R.S. 15-14-741 provides an optional statutory form that covers a wide range of financial powers. Using this form gives agents and third parties a recognized template, but it is not required. Principals handling this without a lawyer can put together a Colorado power of attorney by answering a series of questions, then sign and notarize it. A custom document that meets the execution rules is equally valid.

Once signed, the POA is immediately effective unless it specifies a different effective date or triggering event (C.R.S. 15-14-709).

What a Colorado Agent Can and Cannot Do

General Authority

An agent granted broad financial authority under the UPOAA may handle a wide range of matters, including real property transactions, bank accounts, investments, business operations, insurance, taxes, and personal and family maintenance. C.R.S. 15-14-727 through 15-14-739 describe what each category of general authority covers.

Hot Powers: Express Authorization Required

Certain powers are risky enough that Colorado law prohibits an agent from exercising them unless the document expressly grants permission. Under C.R.S. 15-14-724, these "hot powers" include:

• Creating, amending, or revoking a trust
• Making gifts of the principal's property
• Changing beneficiary designations on life insurance, retirement accounts, or transfer-on-death instruments
• Changing survivorship rights on jointly held property
• Delegating agent authority to someone else
• Waiving the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan
• Exercising fiduciary powers the principal holds
• Disclaiming property or a power of appointment
• Exercising a power of appointment
• Exercising powers, rights, or authority as a partner, member, or manager of a partnership, limited liability company, or other entity

An agent who is not the principal's ancestor, spouse, or descendant faces an additional limit: without express authorization, such an agent may not exercise a hot power in a way that creates an interest in the agent's own favor (C.R.S. 15-14-724(2)).

Agent Duties

Once an agent accepts appointment (which can happen informally by simply starting to act) they take on duties under C.R.S. 15-14-714. The agent must act in good faith, within the scope of authority granted, in the principal's best interests, and consistent with the principal's known wishes. Loyalty, avoiding self-dealing, keeping records, and cooperating with healthcare decision-makers are all required. An agent who breaches these duties is liable for damages.

Third-Party Acceptance

Banks, title companies, and other institutions must accept a properly acknowledged POA. Under C.R.S. 15-14-720, a person presented with an acknowledged POA must either accept it or request certification or a legal opinion within seven business days. If documentation is requested, they must then accept within five business days of receiving it. Wrongful refusal exposes the third party to court-ordered acceptance and liability for the principal's attorney fees.

Medical Durable Power of Attorney in Colorado

Colorado's medical durable POA is a separate document governed by C.R.S. 15-14-506, not the UPOAA. It authorizes a designated agent to make health care decisions on the principal's behalf when the principal cannot make or communicate those decisions themselves.

The scope is broad. The agent may consent to or refuse any medical treatment, including decisions about artificial nutrition and hydration. The document may also include specific directives, conditions, or limitations on the agent's authority, such as instructions about resuscitation or end-of-life care.

Key rules under C.R.S. 15-14-506:

• The agent must follow the terms of the document and the principal's known wishes. When wishes are unknown, the agent acts in the principal's best interests.
• The principal always retains the right to override the agent's decisions or revoke the appointment.
• No agent may act over the principal's objection.
• A spouse appointed as medical agent loses that authority automatically upon divorce, dissolution of marriage, annulment of marriage, or legal separation, unless the document specifies otherwise (C.R.S. 15-14-506(5)(c)).
• The agent stands as the principal's designated representative under HIPAA and has full access to medical records needed to make informed decisions.

Advance Directives and Proxy Decision-Makers

Colorado also recognizes broader advance directive and proxy frameworks under C.R.S. 15-18.5-101 et seq. This article governs surrogate and proxy decision-makers for health care benefits when no medical POA is in place. Principals who want comprehensive end-of-life planning typically use both a medical durable POA (naming a specific agent) and a separate declaration regarding life-sustaining treatment.

Revoking or Ending a Colorado Power of Attorney

How a Principal Revokes

A principal with legal capacity may revoke a POA at any time. Revocation is most effective when done in writing and when the agent and any relying third parties receive actual notice. Recording a revocation with the county clerk is advisable if the POA was used for real property transactions.

Under C.R.S. 15-14-710, creating a new POA does not automatically revoke an earlier one unless the new document expressly says so. Principals who intend to replace an agent should include an explicit revocation clause.

When a POA Terminates by Operation of Law

C.R.S. 15-14-710 identifies several events that end a power of attorney or an agent's authority:

• The principal dies. Agent authority ends immediately and completely at death.
• The principal becomes incapacitated, if the POA is not durable.
• The principal revokes the POA.
• The POA's stated expiration date or terminating event occurs.
• The agent dies, becomes incapacitated, or resigns, and no successor agent is named.
• A dissolution, annulment, or legal separation action is filed between the principal and an agent who is the principal's spouse, unless the document provides otherwise.

Protections for Good-Faith Reliance

An agent or third party who acts without knowledge that authority has ended is protected. Acts performed in good faith before receiving actual notice of termination remain binding on the principal and their successors (C.R.S. 15-14-710).

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Disclaimer: This page provides general legal information about Colorado power of attorney laws and is not legal advice. Laws can change and individual circumstances vary. Consult a licensed Colorado attorney for advice about your specific situation.

Statutes cited reflect their in-force version as of May 31, 2026.

More Colorado Laws

• Colorado Alimony Laws
• Colorado Divorce Laws
• Colorado Probate Laws

Frequently Asked Questions

Does a Colorado power of attorney need to be notarized?

Notarization is the standard and strongly recommended practice. Under C.R.S. 15-14-705, a notarized signature is presumed genuine, which makes it far easier for third parties to accept the document. Notarization is also required if the POA will be used in any real property transaction that needs to be recorded.

Does a Colorado POA survive incapacity?

Yes, unless the document says otherwise. C.R.S. 15-14-704 makes every POA created on or after January 1, 2010 durable by default, meaning it remains in effect even if the principal later loses capacity. To create a non-durable POA, the document must expressly state it terminates upon incapacity.

Can an agent make gifts under a Colorado POA?

Only if the power of attorney expressly grants gift-making authority. Gifting is a hot power under C.R.S. 15-14-724, which means it requires specific written authorization. Without it, the agent has no power to transfer the principal's assets to others, including to themselves.

What is the difference between a financial POA and a medical POA in Colorado?

They are entirely separate documents. A financial POA under C.R.S. 15-14-701 to 15-14-745 authorizes an agent to handle property, bank accounts, contracts, and other financial matters. A medical durable POA under C.R.S. 15-14-506 authorizes an agent to make health care decisions. Neither document grants authority in the other's domain.

What can I do if a bank refuses to honor my Colorado POA?

Under C.R.S. 15-14-720, a bank or other institution presented with an acknowledged POA must accept it within seven business days, or request a legal certification or opinion within that time. Wrongful refusal can result in a court order compelling acceptance plus an award of attorney fees and costs against the refusing party.

Does a Colorado POA end when the principal dies?

Yes. A POA only authorizes action during the principal's lifetime. The moment the principal dies, the agent's authority ends completely. Post-death asset management passes to a personal representative under a will or to a trustee under a trust, not to the POA agent.

Do I need a lawyer to create a Colorado power of attorney?

Colorado law does not require an attorney. C.R.S. 15-14-741 provides a statutory form that any competent adult can use. That said, for complex estates, business interests, or customized agent instructions, consulting a Colorado estate planning attorney helps ensure the document reflects your actual intentions and avoids disputes.