Power of attorney in Colorado: the rules, signing and who to name

Updated 2026-10-18

The short answer

A Colorado financial power of attorney keeps working after you lose capacity unless it says otherwise. You sign it, and no witnesses are needed. A notary isn't required for it to be valid, but only a notarized power of attorney gets Colorado's rule making banks accept it, so notarizing is the smart choice.

A financial power of attorney lets someone you trust pay your bills, deal with the bank and look after the house if you can't. Colorado makes it simple to sign, and it gives a notarized document real weight with banks.

This page walks through the Colorado rules in plain words. It is part of our guides to planning in each state. If you are new to the idea, start with what a power of attorney does, then come back here.

Is a Colorado power of attorney durable?

Yes, by default. A power of attorney created on or after January 1, 2010 is durable unless it expressly says it ends if you become incapacitated (C.R.S. 15-14-704, Title 15).

That matters, because durability is the whole point for most people. The document is meant to work on the hard day, when you are in the hospital and the property tax bill arrives. Our post on durable power of attorney explains why this protection matters everywhere.

Colorado adopted the Uniform Power of Attorney Act, a model law used in a number of states (C.R.S. 15-14-701). The durable-by-default rule and the bank rules below come from it. The act covers financial powers only, not health care decisions (C.R.S. 15-14-703).

How do I sign one in Colorado?

You sign the document yourself, or someone else signs for you in your conscious presence and at your direction (C.R.S. 15-14-705).

No witnesses are required. A notary isn't required for the document to be valid. But a notarized signature is presumed genuine, and only a notarized (the law says "acknowledged") power of attorney gets the bank protections in the next section.

Colorado also has an official statutory form (C.R.S. 15-14-741). You don't have to use it, but many people start there. Here is a simple checklist for signing day:

Step	Required by Colorado law?	Why it helps
You sign the document (or direct someone to sign in your presence)	Yes	It is the only signing step the statute requires
Witnesses	No	Not needed for a financial power of attorney
Sign before a notary	No, but strongly advised	Your signature is presumed genuine, and banks must accept a notarized power of attorney
Use Colorado's statutory form	No	A familiar form can make banks more comfortable
Add specific grants for trusts, gifts and beneficiaries	Only if you want those powers	Colorado won't read them into general language
Name a backup agent	No	Someone can step in if your first choice can't

Colorado's health care document follows different rules. Our Colorado medical power of attorney guide covers that one.

Will my bank have to accept it?

If it is notarized, largely yes (C.R.S. 15-14-720). When your agent presents a notarized power of attorney, the bank must do one of two things within 7 business days:

Accept it, or
Ask for a certification, a translation or a lawyer's opinion about it.

If it asks for one of those, it must accept the document within 5 business days of receiving what it asked for. It can't insist that you sign its own form instead.

A bank may still refuse in listed cases. Examples include when you aren't already a customer, when it doesn't offer the service, when it believes in good faith the document isn't valid, or when it has reported suspected abuse. A wrongful refusal can lead to a court order and paying the agent's attorney's fees.

Two small steps still help:

Bring a copy to your bank and brokerage now, while you are well.
Keep the original where your agent can reach it, with a note saying where.

What can my agent do, and what needs special wording?

Your document sets the scope. A broad financial power of attorney usually covers everyday money matters: paying the gas bill, depositing a pension check, filing taxes, calling someone to shovel the walk.

Your agent is a fiduciary: legally required to act in your interest and follow what you wrote.

Some powers are too important to fall under general language. Colorado requires a specific grant for these (C.R.S. 15-14-724):

Power	Included in a general grant?	What Colorado requires
Creating, changing, revoking or ending a living trust	No	A specific grant
Making gifts	No	A specific grant
Creating or changing survivorship rights on accounts	No	A specific grant
Creating or changing beneficiary designations	No	A specific grant
Handing the agent's authority to someone else	No	A specific grant
Waiving survivor rights in an annuity	No	A specific grant
Fiduciary powers and powers of appointment	No	A specific grant
Disclaiming (turning down) property	No	A specific grant
Acting for a business you don't solely own	No	A specific grant

The trust row has a second lock. Under Colorado's trust law, an agent can revoke or amend your revocable trust only if the trust or the power of attorney expressly allows it (C.R.S. 15-5-602). Our post on what a living trust is explains how the two documents work together.

Who should I name as my agent?

The real questions are practical. Is this person careful with money and paperwork? Do they live near enough to get to your bank, or to the house if a pipe freezes? Will they keep records and answer questions from your family?

A short checklist when you choose:

Trust: would you hand them your checkbook today?
Distance: can they reach your home, your mail and your bank?
Time: do they have room in their life for this, maybe for years?
Backup: who steps in if your first choice can't? Our post on having a backup in every role explains why this matters.

Many people choose a sister, a niece or a longtime friend. Our post on naming a friend as power of attorney covers what to talk through first.

Here is a typical case, a composite. Linda is 69 and lives in Fort Collins. Her son lives in Atlanta. Linda names her friend Susan, who already has a key and waters the plants when Linda travels, as her agent, with her son as backup. She signs in front of a notary at her credit union.

What if I never sign one?

If you lose capacity without a power of attorney, your family may have to ask a court to appoint someone to manage your money. That takes time and money, and a judge decides who serves. Our post on conservatorship vs power of attorney explains the difference.

Some people would like a professional standing by, either first or behind a friend. A Kinly membership includes a financial power of attorney written for your state. Members set the order in every role, and Trella Trust Company can be named first or as backup to the people you choose.

A power of attorney ends at death. After that, your will and your personal representative take over. Our Colorado probate and small estates guide covers what happens next.

Common questions

Does a Colorado power of attorney need to be notarized?

Not to be valid. Colorado requires only your signature, with no witnesses. But only a notarized power of attorney gets the rule that makes banks accept it, so notarizing is strongly advised.

Is a Colorado power of attorney durable?

Yes. A power of attorney created on or after January 1, 2010 is durable unless it expressly says it ends if you become incapacitated.

Does Colorado have a statutory power of attorney form?

Yes. Colorado law includes an official statutory form. Using it is optional, and any document that meets the signing rules is valid.

Can my agent change my living trust in Colorado?

Only if your trust or your power of attorney expressly allows it. A general grant of financial powers is not enough.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

State guidesMedical power of attorney in Colorado: how it works, how to signMedical power of attorney in Colorado: how to sign one, the living will's witness rules, and how family and friends agree on a proxy if you name nobody.State guidesProbate in Colorado: small estates, no will, and skipping courtSmall estate affidavit Colorado rules: $88,000 for 2026 deaths after 10 days, who inherits with no will, informal probate, and beneficiary deeds for a home.State guidesEstate planning by state: guides for all 50 statesEstate planning by state: what stays the same everywhere, what changes, and power of attorney, medical and probate guides for all 50 states.