Power Of Attorney requirements in Colorado
- You must be at least 18 years old and of sound mind (mentally competent) to create a power of attorney.
- Your agent must be at least 18 years old and willingly accept the role.
- For a financial POA, you generally do not need a notary, but notarization is required for real estate transactions.
- A medical power of attorney must be signed by you and witnessed by at least one adult, or notarized.
- Your agent cannot be your healthcare provider (unless they are a relative) for medical POA.
- The POA must clearly state its scope and when it becomes effective (immediately or upon your incapacity).
Ready to set up your power of attorney? Download a free Colorado POA form or consult an attorney today to protect your future.
Create your power of attorneyHow to create a Power Of Attorney in Colorado, step by step
- Decide on the type of POA: financial, medical, or both (durable vs. springing).
- Choose a trusted agent who is organized, reliable, and willing to act in your best interest.
- Get the correct form: you can find free templates from Colorado Legal Services or consult an attorney.
- Fill out the form with your name, agent's name, and specific powers you want to grant.
- Sign the document in the presence of a notary or witness (as required), and have your agent sign to accept.
- Keep the original in a safe place and give a copy to your agent and your bank or doctor, if relevant.
Cost considerations
Creating a power of attorney in Colorado can cost anywhere from $0 if you use a free template to a few hundred dollars if you hire a lawyer. Notarization fees are typically around $5–$10 per document. If you have complex assets or family dynamics, investing in an attorney can save you from costly mistakes later.
Before You Begin: Colorado POA Checklist
Creating a power of attorney in Colorado involves specific legal requirements. Use this checklist to prepare everything you need before filling out the form.
- Decide on the type of POA you need: financial (durable) or medical, or both.
- Know that Colorado law requires you to sign in the presence of a notary public; witnesses are not required.
- Gather the principal's full legal name, date of birth, and address, plus the agent's full name and contact information.
- Have the document ready, but do not sign it until you are in front of a notary – the notary must see you sign.
- Understand that a durable POA remains effective if you become incapacitated; a non-durable POA does not.
- Consider having a backup agent (successor) in case your first choice cannot serve.
- Review the form for Colorado-specific provisions, such as the statutory form, and avoid blanks that could invalidate the document.
Common questions
What is the difference between a durable and springing power of attorney in Colorado?
A durable power of attorney continues to be effective even if you become incapacitated, whereas a springing POA only 'springs' into effect when a doctor declares you incapacitated. Many people choose durable so there's no delay, but you can specify your preference.
Do I need a lawyer to create a POA in Colorado?
No, you can make your own POA using a form, but it must meet state requirements. A lawyer can help ensure the document is legally valid and covers all your needs, especially if you have complex financial or family situations.
Can I revoke a power of attorney?
Yes, you can revoke a POA at any time as long as you are mentally competent. You should do so in writing, notify your agent, and retrieve any copies of the document. If you have registered the POA with a county recorder, you may need to record the revocation.
How long does a power of attorney last in Colorado?
A POA can be for a specific period or for your lifetime, depending on what you write. For financial matters, it typically ends at your death or if you revoke it. Medical POAs generally remain in effect unless you revoke them or a court orders otherwise.