Power of Attorney in Colorado: Financial and Medical (2026)

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A will controls what happens after you die. A power of attorney handles the harder in-between: what happens if you are alive but unable to manage your own affairs, whether from illness, an accident, or age. Naming someone you trust to step in, before a crisis, is one of the most important pieces of any Colorado estate plan, and it is often overlooked.

This guide explains the two main powers of attorney in Colorado, the durable financial power of attorney and the medical durable power of attorney, how to create each, and how to change or revoke them.

Two documents, two jobs

  • Durable financial power of attorney: lets an agent manage money, property, and legal affairs. Governed by Colorado's Uniform Power of Attorney Act, C.R.S. Title 15, Article 14, Part 7.
  • Medical durable power of attorney: lets an agent make health-care decisions if you cannot. Governed by C.R.S. 15-14-506.
  • Key word: "durable" means the authority survives your incapacity, which is the whole point.

The durable financial power of attorney

A financial power of attorney authorizes a person you choose, your agent, to act on your behalf in money and property matters: paying bills, managing bank accounts, handling real estate, dealing with taxes, and more. Colorado adopted the Uniform Power of Attorney Act, found at C.R.S. 15-14-701 and following, which governs how these documents are created and what powers they can carry.1

The critical feature is durability. Under Colorado law a power of attorney is presumed durable, meaning it remains effective even after you become incapacitated, unless the document expressly says otherwise.2 That is exactly what you want. A non-durable power would evaporate at the very moment you need it most. You can make the authority effective immediately, or make it a springing power that takes effect only when a doctor certifies you can no longer manage your affairs.

A financial power of attorney is powerful and open to abuse if the wrong person holds it. Choose an agent you trust completely, consider naming a successor agent in case your first choice cannot serve, and know that your agent owes you fiduciary duties: to act in your interest, keep your property separate, and keep records.

The medical durable power of attorney

A medical durable power of attorney is a separate document that names an agent to make health-care decisions for you when you are unable to make or communicate them yourself. In Colorado this is authorized by C.R.S. 15-14-506, which lets any competent adult appoint an agent to make medical treatment decisions on their behalf.3 Your agent can consent to or refuse treatment, choose providers, and access your medical information, guided by your known wishes.

This medical agent works hand in hand with other advance-planning documents, such as a living will that states your wishes about life-sustaining treatment. We cover the full set in our guide on Colorado advance directives. Together, a medical power of attorney and a living will make sure both a decision-maker and your instructions are in place.

Creating a power of attorney in Colorado

To create a valid financial power of attorney in Colorado you must be an adult of sound mind, name your agent and their powers, and sign the document. Colorado law provides that a power of attorney must be signed by the principal, and a signature is presumed genuine if acknowledged before a notary public.2 Notarizing your financial power of attorney is strongly recommended, because banks and other institutions expect it and are more likely to honor a notarized document without hesitation.

A medical durable power of attorney has its own execution requirements under the medical-decisions statutes. Once signed, give copies to your agent, your doctors, and your family, and keep the originals somewhere accessible. These are documents your loved ones need to find quickly in an emergency, not lock away.

Changing or revoking a power of attorney

As long as you remain competent, you stay in charge. You can revoke a power of attorney at any time. The cleanest way is to sign a written revocation, deliver it to your agent, and notify any bank or institution that has a copy on file. Under the Uniform Power of Attorney Act, an agent's authority also terminates in certain events, including your death, your revocation, the agent's resignation, or, for a spouse-agent, a divorce or legal separation unless the document says otherwise.4

Review your powers of attorney every few years and after any major life change: a marriage, a divorce, a move, or the death of a named agent. An out-of-date agent designation can be as problematic as having none at all.

How this fits your Colorado estate plan

Powers of attorney protect you while you are alive; a will protects your wishes after you die. A complete Colorado plan includes both, plus health-care directives. If you have not yet made your will, that is the natural foundation to build on. You can create a clear, Colorado-specific will in plain language with our online will builder, and read our step-by-step guide on how to write a will in Colorado.

This article is general information about Colorado law, not legal advice. Consult a licensed Colorado attorney for guidance on your specific situation.

Frequently Asked Questions

What does "durable" mean in a power of attorney?

Durable means the agent's authority continues even after you become incapacitated. In Colorado a power of attorney is presumed durable unless it says otherwise.

Do I need a lawyer to make a power of attorney in Colorado?

Not necessarily, but the document should be signed and notarized so banks and institutions will honor it. Complex situations benefit from an attorney.

Is a financial power of attorney the same as a medical one?

No. A financial power of attorney covers money and property under the Uniform Power of Attorney Act. A medical durable power of attorney covers health-care decisions under C.R.S. 15-14-506.

Can I revoke a power of attorney in Colorado?

Yes, at any time while you are competent. Sign a written revocation and notify your agent and any institution holding a copy.

Sources

  1. 1C.R.S. 15-14-701 et seq.: Uniform Power of Attorney Act (colorado.public.law)
  2. 2C.R.S. 15-14-704 and 15-14-705: Durability and execution of a power of attorney (law.justia.com)
  3. 3C.R.S. 15-14-506: Medical durable power of attorney (colorado.public.law)
  4. 4C.R.S. 15-14-710: Termination of power of attorney or agent authority (law.justia.com)
Max Kuch

About the author

Max Kuch

Max Kuch writes about estate planning, wills and inheritance for Online Will Colorado. He gathers the rules from the Colorado statutes and the leading public data, then explains them in plain, accessible language so anyone can put their wishes in writing.

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Frequently asked questions

Yes, when you finish it correctly. Colorado recognizes the holographic will under C.R.S. Sec. 15-11-502(2). Such a will is valid if the signature and the material portions are in the testator's own handwriting, and no witnesses are required. Our service builds your draft to reflect Colorado succession law, but the document only becomes a valid holographic will once you copy the material portions in your own hand and sign it yourself. A printout that you merely sign does not qualify.

Because that is exactly what Colorado law demands for this route. Under C.R.S. Sec. 15-11-502(2), a holographic will skips the usual witness requirement only if the signature and the material portions are in your own handwriting. A typed or printed page, even with your signature, would not meet that test and could be rejected in probate. We give you a clean, finished draft so the handwriting step is simple: you copy the wording onto paper in your own hand and sign it.

Your children, generally yes. Colorado has no forced heirship, so you are free to decide who inherits and you may leave an adult child out (be clear and specific to reduce disputes). Your spouse is different. Under the elective share rules in C.R.S. Sec. 15-11-201 and following, a surviving spouse who is disinherited can claim a statutory share of the augmented estate, and the percentage grows with the length of the marriage. You cannot fully cut out a spouse against their will, so plan realistically around that right.

Somewhere safe, dry, and findable by the person who will handle your estate. Many people use a home fireproof box or a bank safe deposit box and tell their personal representative where it is. Colorado also lets you deposit your will with the clerk of the district court for safekeeping during your lifetime under C.R.S. Sec. 15-11-515. There is no separate central will registry in the state, so what matters most is that the original can actually be located after your death.

We do not recommend it. A single joint document shared by two people creates problems for a holographic will, because each testator's material portions and signature must be in that person's own handwriting, and a joint will can tie the survivor's hands later. The cleaner approach is two separate mirror wills: each spouse handwrites and signs their own document, with matching terms. Our service walks each of you through your own will so both are individually valid.

Yes, and it is easy to do. In Colorado you can revoke or replace a will at any time while you have capacity. The simplest, safest method is to write a brand new holographic will that is fully in your own handwriting and signed by you, stating that it revokes all prior wills. Avoid crossing out lines or writing notes in the margins of an existing will, since messy edits invite challenges. When life changes (marriage, divorce, a new child, a move), make a fresh will.

No, and we are upfront about that. Our service helps you produce a solid, Colorado-specific draft to copy out by hand, which suits many straightforward estates. It is not legal advice and it does not replace an attorney. If your situation is complex (blended families, business interests, sizable or out-of-state assets, trusts, or possible disputes over the spousal elective share), talk to a Colorado estate planning lawyer before you rely on a handwritten will.

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