Everyone needs a power of attorney (POA). Whether you live alone with no close family and your doctors have scheduled surgery, you just received a diagnosis for a chronic illness, or if you run a successful business and in perfect health, you require a power of attorney. You also need it if you will be out of the country for some months and you need to sell your estate. In short, you need the document whether you are in good health or not.
Why? A letter of attorney, POA, or a letter of authority refers to a legally recognized document allowing you to appoint someone you trust or even an organization to take control over your affairs if and when you are unable to. The appointed person is the agent (attorney-in-fact), and you are the principal.
It’s an unpopular document thanks to mistrust and the popular belief that your family/ friends will know what you’d want. But, as we all know, that is hardly the case. Other than mistrust, an element of greed has to be considered, as well as the fact that you wouldn’t want one person to handle every little thing in your life when you cannot.
But, there’s some good news! The POAs aren’t created equal. Your attorney-in-fact can only control one area of your life, and you can limit the control you hand over.
The different levels of control give life to different types of POAs and different types of free Colorado power of attorney forms. So, you get to choose what to delegate, who to delegate to, why delegate to them, and for how long they hold that control.
Types of POA
Colorado General Durable POA Law
This the general durable POA (DPOA) law that covers the general POA and the healthcare POA. The elements of the law are covered in different parts of the Colorado state laws.
(1) . Under this law, it states that a principal can designate an attorney-in-fact power over his affairs in writing. The written document should have words showing that the power granted will only take effect if the principal is incapacitated. The intention to act on a principal’s behalf, their disability notwithstanding should be conferred. The document shall also specify the type of powers granted. Sections 15-14-503 up to 15-14-509 cover the agent’s authority with regards to the health of the principal. Note that an appointed guardian has the power to revoke the powers granted to the agency.
(2) If a principal dies and the agent still acts in their place, the agent will sign an affidavit stating that they were unaware of the termination of the POA through death. This is only done if there is no fraud or in the presence of conclusive proof for nontermination of the powers at the time.
(1) Under this section in the Colorado laws, the principal’s death, incompetence, or disability will not revoke the POA if the other party lacks knowledge of the disability, death or incompetence. In this case, it’s deemed that the agent was acting in good faith. Unless unenforceable, any actions undertaken will bind the principal to their personal representatives of heirs.
(2) The agent should then issue an affidavit stating their lack of knowledge of death or disability when they acted. If the need for a recordable instrument is necessary, the affidavit, when authenticated, is recordable.
(3) This section will not affect provisions of the termination or revocation present in the POA
(4) The POA for real estate or other purposes will stay put unless revoked as per the provisions of the POA or the Colorado laws.
Colorado Durable Power of Attorney Laws
If you are ill and you need some time to make the end of life decision like withdrawing of maintaining the life-support machine, then a durable POA is essential. It’s also called the healthcare POA. The document is only used when the principal is unconscious or unable to issue consent for a medical procedure. It’s the document that states whether you want to stay hooked to an artificial respirator or not. DPOA also authorizes the agent to refuse to issue their consent for medical treatment, or nourishment.
A durable POA is revocable at any time if: the principal revokes it and in the event of an annulment/ divorce/ legal separation.
When filling out the free power of attorney form in Colorado, note that the document is only deemed valid if the words used confer that the POA will not be affected by the principal’s disability.
If a DPOA from a different state complies with Colorado laws, it will be used.
An unwilling physician has to arrange to transfer the patient to a willing doctor or healthcare provider. But, when acting in good faith, the doctor will not be held liable.
Colorado Revocation of POA Law
The revocation order terminates the agent’s authority to act. To be effective, the principal has to sign and send a copy of the revocation notice to the agent informing them of the revoked powers. The principal will have to send a copy of the revocation notice and other third parties acting under the agent’s directives.
Now that you have someone you trust to make decisions on your behalf, why not get our free online power of attorney forms accessible and applicable to all residents of Denver, Colorado Springs, Aurora, Fort Collins, Lakewood, Thornton, Arvada, Highlands Ranch, Westminster or any other city of Colorado.