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Colorado Springing Power of Attorney Form

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Updated May 20, 2024

A Colorado springing power of attorney is used by a person (principal) to authorize someone to make important decisions for them should they become unable to act on their own behalf. The authorization becomes effective only if and when the principal is incapacitated.

Permitted in Colorado?

Yes, a power of attorney may become effective at a future date or upon the occurrence of a future event or contingency.[1]

Signing Requirements

The principal’s signature must be acknowledged before a notary public or someone authorized by law to take acknowledgments.[2]

“Incapacity” Definition

“Incapacity” means inability of an individual to manage property or business affairs because the individual:

(A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
(B) is:

(i) missing;
(ii) detained, including incarcerated in a penal system; or
(iii) outside the United States and unable to return.[3]

Sources

  1. Colorado Revised Statutes §15-14-709
  2. Colorado Revised Statutes §15-14-705
  3. Colorado Revised Statutes §15-14-702(5)