C.R.S. Section 15-14-741
Statutory form

  • power of attorney
A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this part 7.
STATE OF COLORADO STATUTORY FORM
POWER OF ATTORNEY
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 coagent in the special instructions. Coagents 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.
DESIGNATION OF AGENT
I ---------------------------- (name of principal) name the following person as my agent:
Name of agent:-----------------------------
Agent’s address:-----------------------------
Agent’s telephone number:-----------------------------
DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
If my agent is unable or unwilling to act for me, I name as my successor agent:
Name of successor agent:-----------------------------
Successor agent’s address:-----------------------------
Successor agent’s telephone number:-----------------------------
If my successor agent is unable or unwilling to act for me, I name as my second successor agent:
Name of second successor agent:-----------------------------
Second successor agent’s address:-----------------------------
Second successor agent’s telephone number:-----------------------------
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:

(INITIAL 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 initial “All preceding subjects” instead of initialing each subject.)

Intentionally left blank —Ed.

(--)

Real property

(--)

Tangible personal property

(--)

Stocks and bonds

(--)

Commodities and options

(--)

Banks and other financial institutions

(--)

Operation of entity or business

(--)

Insurance and annuities

(--)

Estates, trusts, and other beneficial interests

(--)

Claims and litigation

(--)

Personal and family maintenance

(--)

Benefits from governmental programs or civil or military service

(--)

Retirement plans

(--)

Taxes

(--)

All preceding subjects
GRANT OF SPECIFIC AUTHORITY (OPTIONAL)
My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed 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. INITIAL ONLY the specific authority you WANT to give your agent.)

Intentionally left blank —Ed.

(--)

Create, amend, revoke, or terminate an inter vivos trust

(--)

Make a gift, subject to the limitations of the “Uniform Power of Attorney Act” set forth in section 15-14-740, Colorado Revised Statutes, and any special instructions in this power of attorney

(--)

Create or change rights of survivorship

(--)

Create or change a beneficiary designation

(--)

Authorize another person to exercise the authority granted under this power of attorney

(--)

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 that the principal has authority to delegate, including powers to participate in the designation or changing of a fiduciary and powers to participate in the direction of a fiduciary in the exercise of the fiduciary’s powers

(--)

Disclaim, refuse, or release an interest in property or a power of appointment

(--)

Exercise a power of appointment other than: (1) The exercise of a general power of appointment for the benefit of the principal which may, if the subject of estates, trusts, and other beneficial interests is authorized above, be exercised as provided under the subject of estates, trusts, and other beneficial interests; or (2) the exercise of a general power of appointment for the benefit of persons other than the principal which may, if the making of a gift is specifically authorized above, be exercised under the specific authorization to make gifts

(--)

Exercise powers, rights, or authority as a partner, member, or manager of a partnership, limited liability company, or other entity that the principal may exercise on behalf of the entity and has authority to delegate excluding the exercise of such powers, rights, and authority with respect to an entity owned solely by the principal which may, if operation of entity or business is authorized above, be exercised as provided under the subject of operation of the entity or business
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.
SPECIAL INSTRUCTIONS (OPTIONAL)
You may give special instructions on the following lines:
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EFFECTIVE DATE
This power of attorney is effective immediately unless I have stated otherwise in the special instructions.
NOMINATION OF CONSERVATOR
OR GUARDIAN (OPTIONAL)
If it becomes necessary for a court to appoint a conservator of my estate or guardian of my person, I nominate the following person(s) for appointment:
Name of nominee for conservator of my estate:-----------------------------
Nominee’s address:-----------------------------
Nominee’s telephone number:-----------------------------
Name of nominee for guardian of my person:-----------------------------
Nominee’s address:-----------------------------
Nominee’s telephone number:-----------------------------
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.
SIGNATURE AND ACKNOWLEDGMENT
------------------------------------
Your signatureDate
-----------------------
Your name printed
-----------------------
-----------------------
Your address
-----------------------
Your telephone number
State of ------------------------
[County] of ------------------------
This document was acknowledged before me on ------------------------,

(Date)

by ------------------------.

(Name of principal)

--------------------------(Seal, if any) Signature of notary
My commission expires: ------------------------
This document prepared by:
-------------------------------------------
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IMPORTANT INFORMATION FOR 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.

Source: Section 15-14-741 — Statutory form - power of attorney, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-15.­pdf (accessed Oct. 20, 2023).

15‑14‑101
Short title 15‑14‑102
Definitions 15‑14‑104
Facility of transfer 15‑14‑105
Delegation of power by parent or guardian 15‑14‑106
Subject-matter jurisdiction 15‑14‑107
Transfer of jurisdiction 15‑14‑108
Venue 15‑14‑109
Practice in court - consolidation of proceedings 15‑14‑110
Letters of office 15‑14‑111
Effect of acceptance of appointment 15‑14‑112
Termination of or change in guardian’s or conservator’s appointment 15‑14‑113
Notice 15‑14‑113.5
Appointments without notice - investigation - report - procedures 15‑14‑114
Waiver of notice 15‑14‑115
Guardian ad litem 15‑14‑116
Request for notice - interested persons 15‑14‑117
Multiple appointments or nominations 15‑14‑118
Small estate - person under disability - no personal representative 15‑14‑119
Notice to public institutions on appointment of guardian or conservator 15‑14‑120
Uniform veterans’ guardianship act not affected 15‑14‑121
Uniformity of application and construction 15‑14‑122
Severability clause 15‑14‑201
Appointment and status of guardian 15‑14‑202
Testamentary appointment of guardian - appointment by written instrument 15‑14‑203
Objection of others to parental appointment - consent by minor of twelve years of age or older to appointment of guardian 15‑14‑204
Judicial appointment of guardian - conditions for appointment - definition 15‑14‑205
Judicial appointment of guardian - procedure 15‑14‑206
Judicial appointment of guardian - priority of minor’s nominee - limited guardianship 15‑14‑207
Duties of guardian 15‑14‑208
Powers of guardian 15‑14‑209
Rights and immunities of a guardian 15‑14‑210
Termination of guardianship - other proceedings after appointment 15‑14‑301
Appointment and status of guardian 15‑14‑304
Judicial appointment of guardian - petition 15‑14‑305
Preliminaries to hearing 15‑14‑306
Professional evaluation 15‑14‑308
Presence and rights at hearing 15‑14‑309
Notice 15‑14‑310
Who may be guardian - priorities - prohibition of dual roles 15‑14‑311
Findings - order of appointment 15‑14‑312
Emergency guardian 15‑14‑313
Temporary substitute guardian 15‑14‑314
Duties of guardian 15‑14‑315
Powers of guardian 15‑14‑315.5
Dissolution of marriage and legal separation 15‑14‑316
Rights and immunities of guardian - limitations 15‑14‑317
Reports - monitoring of guardianship - court access to records 15‑14‑318
Termination or modification of guardianship - resignation or removal of guardian 15‑14‑319
Right to a lawyer post-adjudication 15‑14‑401
Protective proceeding 15‑14‑402
Jurisdiction over business affairs of protected person 15‑14‑403
Original petition for appointment or protective order 15‑14‑404
Notice 15‑14‑405
Original petition - minors - preliminaries to hearing 15‑14‑406
Original petition - persons under disability - preliminaries to hearing 15‑14‑406.5
Professional evaluation 15‑14‑408
Original petition - procedure at hearing 15‑14‑409
Original petition - orders 15‑14‑410
Powers of court 15‑14‑411
Required court approval 15‑14‑412
Protective arrangements and single transactions 15‑14‑412.5
Limited court-approved arrangements authorized for persons seeking medical assistance for nursing home care - applicable to trusts established before a certain date 15‑14‑412.6
Trust established by an individual - eligibility for certain public assistance programs - general provisions 15‑14‑412.7
Income trusts - limitations 15‑14‑412.8
Disability trusts - limitations 15‑14‑412.9
Pooled trusts - limitations 15‑14‑413
Who may be conservator - priorities - prohibition of dual roles 15‑14‑414
Petition for order subsequent to appointment 15‑14‑415
Bond 15‑14‑416
Terms and requirements of bond 15‑14‑418
General duties of conservator - financial plan 15‑14‑419
Inventory 15‑14‑420
Reports - appointment of monitor - monitoring - records - court access to records 15‑14‑421
Title by appointment 15‑14‑422
Protected person’s interest inalienable 15‑14‑423
Sale, encumbrance, or other transaction involving conflict of interest 15‑14‑424
Protection of person dealing with conservator 15‑14‑425
Powers of conservator in administration 15‑14‑425.5
Authority to petition for dissolution of marriage or legal separation 15‑14‑426
Delegation 15‑14‑427
Principles of distribution by conservator 15‑14‑428
Death of protected person 15‑14‑429
Presentation and allowance of claims 15‑14‑430
Personal liability of conservator 15‑14‑431
Termination of proceedings 15‑14‑432
Payment of debt and delivery of property to foreign conservator without local proceeding 15‑14‑433
Foreign conservator - proof of authority - bond - powers 15‑14‑434
Right to a lawyer post-adjudication 15‑14‑500.3
Legislative declaration 15‑14‑500.5
Definitions - excluded powers 15‑14‑501
When power of attorney not affected by disability 15‑14‑502
Other powers of attorney not revoked until notice of death or disability 15‑14‑503
Short title 15‑14‑504
Legislative declaration - construction of statute 15‑14‑505
Definitions 15‑14‑506
Medical durable power of attorney 15‑14‑507
Transfer of principal 15‑14‑508
Immunities 15‑14‑509
Interstate effect of medical durable power of attorney 15‑14‑602
Definitions 15‑14‑603
Applicability 15‑14‑604
Duration of agency - amendment and revocation - resignation of agent 15‑14‑606
Duty - standard of care - record keeping - exoneration 15‑14‑607
Reliance on an agency instrument 15‑14‑611
Applicability of part 15‑14‑701
Short title 15‑14‑702
Definitions 15‑14‑703
Applicability 15‑14‑704
Power of attorney is durable 15‑14‑705
Execution of power of attorney 15‑14‑706
Validity of power of attorney 15‑14‑707
Meaning and effect of power of attorney 15‑14‑708
Nomination of conservator or guardian - relation of agent to court-appointed fiduciary 15‑14‑709
When power of attorney effective 15‑14‑710
Termination of power of attorney or agent’s authority 15‑14‑711
Coagents and successor agents 15‑14‑712
Reimbursement and compensation of agent 15‑14‑713
Agent’s acceptance 15‑14‑714
Agent’s duties 15‑14‑715
Exoneration of agent 15‑14‑716
Judicial relief 15‑14‑717
Agent’s liability 15‑14‑718
Agent’s resignation - notice 15‑14‑719
Acceptance of and reliance upon acknowledged power of attorney 15‑14‑720
Liability for refusal to accept acknowledged power of attorney 15‑14‑721
Principles of law and equity 15‑14‑722
Laws applicable to financial institutions and entities 15‑14‑723
Remedies under other law 15‑14‑724
Authority that requires specific grant - grant of general authority 15‑14‑725
Incorporation of authority - incorporation by reference 15‑14‑726
Construction of authority generally 15‑14‑727
Real property 15‑14‑728
Tangible personal property 15‑14‑729
Stocks and bonds 15‑14‑730
Commodities and options 15‑14‑731
Banks and other financial institutions 15‑14‑732
Operation of entity or business 15‑14‑733
Insurance and annuities 15‑14‑734
Estates, trusts, and other beneficial interests 15‑14‑735
Claims and litigation 15‑14‑736
Personal and family maintenance 15‑14‑737
Benefits from governmental programs or civil or military service 15‑14‑738
Retirement plans 15‑14‑739
Taxes 15‑14‑740
Gifts 15‑14‑741
Statutory form - power of attorney 15‑14‑742
Certification 15‑14‑743
Uniformity of application and construction 15‑14‑744
Relation to “Electronic Signatures in Global and National Commerce Act” 15‑14‑745
Effect on existing powers of attorney 15‑14‑801
Legislative declaration 15‑14‑802
Definitions 15‑14‑803
Supported decision-making agreement - term 15‑14‑804
Access to personal information 15‑14‑805
Agreement requirements - signature - witnesses or notary public 15‑14‑806
Reliance on agreement - limitation of liability
Green check means up to date. Up to date

Current through Fall 2024

§ 15-14-741’s source at colorado​.gov