Guides · State guides · Colorado
Power of Attorney in Colorado: Requirements, the Statutory Form, and How to Get One
A Colorado power of attorney needs only your parent's signature, but notarizing it is what makes banks and real estate records accept it. Here is what the Uniform Power of Attorney Act requires.
By naveen · Updated · How we research our guides
What to know
- A Colorado power of attorney must be signed by your parent, or by someone in their conscious presence at their direction; no witness or notary is required for validity (C.R.S. 15-14-705).
- Notarizing gives the signature a presumption of genuineness, and the rules requiring banks to accept on a deadline apply only to notarized powers of attorney.
- It's durable by default and effective immediately unless it says otherwise.
- Colorado's statutory form says it "does not authorize the agent to make health care decisions"; that takes a separate medical durable power of attorney.
- Retirement Checklist turns your parent's situation into a short, ordered plan, so the power of attorney sits in the right place among everything else.
A power of attorney in Colorado "must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney" (C.R.S. 15-14-705). That's the only execution requirement. But the same section adds that a signature acknowledged before a notary "is presumed to be genuine," and several of the law's practical protections depend on that step.
What is a durable power of attorney in Colorado?
In Colorado, "durable" means "not terminated by the principal's incapacity," and durability is the default (C.R.S. 15-14-702 and 15-14-704). The law is the Uniform Power of Attorney Act, C.R.S. 15-14-701 to 15-14-745. A power of attorney is "a writing or other record that grants authority to an agent to act in the place of the principal." Your parent is the principal.
Under C.R.S. 15-14-704, a power of attorney created on or after January 1, 2010 "is durable unless it expressly provides that it is terminated by the incapacity of the principal." Our guide to power of attorney for an elderly parent covers when to set one up.
What does Colorado require for a power of attorney to be valid?
Colorado requires only your parent's signature, or a signature made at their direction in their conscious presence (C.R.S. 15-14-705).
| Step | What the law says | Why it matters |
|---|---|---|
| Signature | Signed by your parent, or by someone in their conscious presence at their direction | The only execution requirement (15-14-705) |
| Notary (optional) | A signature acknowledged before a notary "is presumed to be genuine" | Needed for the bank-acceptance rules (15-14-720) and, per the official comment, for recording with real estate documents |
The official comment to the uniform act, printed with Colorado's statute, explains: "While notarization of the principal's signature is not required to create a valid power of attorney, this section strongly encourages the practice." It adds that "an acknowledged signature is required if the power of attorney will be recorded" for real estate documents. Colorado's statutory form ends with a notary acknowledgment and has no witness lines.
Is there an official Colorado power of attorney form?
Yes. C.R.S. 15-14-741 sets out the "STATE OF COLORADO STATUTORY FORM POWER OF ATTORNEY," and a document "substantially in the following form may be used." The Colorado Judicial Branch's Legal Help Center links to it.
The form's notice spells out what your parent is granting. It explains that the 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," that "This power of attorney does not authorize the agent to make health care decisions for you," and that "Your agent is entitled to reasonable compensation unless you state otherwise in the special instructions."
Some powers need their own initials. Under C.R.S. 15-14-724, an agent can create or change trusts, make gifts, or create or change survivorship rights or beneficiary designations "only if the power of attorney expressly grants the agent the authority." The form warns that granting them "could significantly reduce your property or change how your property is distributed at your death."
When does it take effect, and when does it end?
It's "effective when executed" unless it says it starts at a future date or event (C.R.S. 15-14-709). If it starts on incapacity and no one is named to decide, a written determination by a physician or licensed psychologist, or in some cases an attorney, judge or government official, triggers it.
Under C.R.S. 15-14-710, it ends when your parent dies, revokes it, when the document says it ends or its express purpose is accomplished, or when the agent can no longer serve and no other agent is named. An agent's authority also ends, unless the document says otherwise, when "An action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation." That's the filing, not the final decree.
A court-appointed conservator doesn't end it: "The power of attorney is not terminated and the agent's authority continues unless limited, suspended, or terminated by the court." If your parent names coagents, each can act independently unless the document says otherwise.
What does the agent have to do?
Under C.R.S. 15-14-714, whatever the document says, an agent must act according to your parent's known reasonable expectations, otherwise in their best interest, in good faith, and only within the authority granted. Unless the document says otherwise, the agent must also act loyally, act with care and diligence, and "Keep a record of all receipts, disbursements, and transactions made on behalf of the principal."
If your parent, a guardian, a conservator or a protective government agency asks for those records, the agent has thirty days to comply or explain why more time is needed. Our guide to protecting a parent from scams covers the warning signs any agent should know.
Do banks have to accept a Colorado power of attorney?
Yes, if it's notarized, within set deadlines and subject to listed exceptions. Under C.R.S. 15-14-720, "A person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel" no later than seven business days after it's presented, then accept within five business days of receiving what they asked for. They "may not require an additional or different form of power of attorney."
The statute lists reasons a bank can still refuse, such as when the agent seeks to open a new customer relationship for a principal who isn't already a customer, a good-faith belief the document isn't valid, or a report of suspected abuse or exploitation. A wrongful refusal can bring a court order to accept it and liability for reasonable attorney's fees.
Does a Colorado power of attorney need to be recorded?
For real estate, yes. Under C.R.S. 38-30-123, when an agent signs a conveyance, "the power of attorney of the attorney-in-fact, duly proved or acknowledged, shall be recorded in the same office in which the conveyances themselves are required to be recorded." That's another reason to notarize.
How do you get a power of attorney for an elderly parent in Colorado?
Your parent makes it, by signing it or directing someone to sign in their conscious presence. The steps:
- Talk with your parent about who they'd want acting for them, and who should succeed them.
- Choose a document: the statutory form, or one drafted for your parent's situation.
- Go through the subjects with your parent; they initial only what they want to grant, including any specific powers such as gifts.
- Your parent signs; acknowledging the signature before a notary triggers the bank-acceptance rules and is what lets the document be recorded for real estate.
- Give the agent a copy and keep the original somewhere safe.
Timing matters because your parent has to sign it, or direct someone to sign it in their presence (C.R.S. 15-14-705). If your parent can no longer do that, the family may need a court process instead, described in conservatorship and guardianship. For a complicated situation, see what an elder law attorney does.
How do you revoke a power of attorney in Colorado?
Your parent revokes it: under C.R.S. 15-14-710, revocation by your parent ends a power of attorney, though the act doesn't prescribe a method. People who act in good faith without "actual knowledge" of the termination are protected, so a written, dated revocation sent to the agent and every bank holding a copy leaves a clear record.
Signing a new power of attorney doesn't cancel an older one unless the new one says so.
How much does a power of attorney cost in Colorado?
Colorado's statutory form is printed in the law and free to use, and the notary fee is capped: according to the Colorado Secretary of State, "the maximum fee allowed for a notarization is $15 per document," and "The maximum fee for an electronic notarization or remote notarization is $25."
Frequently asked questions
Does a power of attorney need to be notarized in Colorado?
Not to be valid. C.R.S. 15-14-705 requires only your parent's signature. But a notarized signature is presumed genuine, the seven-business-day rule for banks applies only to notarized powers of attorney, and a power of attorney recorded for real estate must be acknowledged. Colorado's statutory form ends with a notary block.
Is a Colorado power of attorney durable?
Yes, by default. Under C.R.S. 15-14-704, a power of attorney created on or after January 1, 2010 "is durable unless it expressly provides that it is terminated by the incapacity of the principal." Colorado doesn't require special durability wording, and the agent's authority continues despite time passing.
Where can I get a Colorado power of attorney form?
The State of Colorado Statutory Form Power of Attorney is printed in C.R.S. 15-14-741, and the Colorado Judicial Branch's Legal Help Center links to it. Using it is optional; a document drafted for your parent's situation also works. Whatever the source, signing before a notary gives the signature a presumption of genuineness and triggers the bank-acceptance rules.
Can a Colorado power of attorney make medical decisions?
No. The act doesn't apply to "A power to make health-care decisions," and the statutory form says so. Colorado uses a separate medical durable power of attorney under the Colorado Patient Autonomy Act. The Judicial Branch's guidance says you need that separate document for health care.
What if my elderly parent can no longer sign?
Someone can sign your parent's name in their conscious presence at their direction, but your parent still has to direct it. If your parent can no longer make that decision, a court guardianship or conservatorship may be the remaining route. A power of attorney can nominate a conservator for the court to consider.
Is a power of attorney from another state valid in Colorado?
Yes, if it met the right law when signed. Under C.R.S. 15-14-706, a power of attorney executed outside Colorado is valid there if it complied with the law of the jurisdiction that governs its meaning, or with the federal requirements for a military power of attorney.
Getting started
A power of attorney is time-sensitive, because it needs your parent's signature while they can still give it, and in Colorado a notary is what triggers the bank-acceptance rules. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- Colorado Revised Statutes Title 15 (2026), Uniform Power of Attorney Act: execution (15-14-705), durability (15-14-704), effective date (15-14-709), termination (15-14-710), duties (15-14-714), acceptance (15-14-720), express grants (15-14-724) and the statutory form (15-14-741); published by the Office of Legislative Legal Services.
- Colorado Revised Statutes Title 38 (2026): recording a power of attorney for real estate (38-30-123).
- Colorado Judicial Branch, Creating a power of attorney: plain-language guidance and the form.
- Colorado Secretary of State, Notary fees: the maximum notary fee.
More on what this tool does and doesn't do, or browse everything we've written.