What is a Durable Power of Attorney in Colorado?
A Durable Power of Attorney (DPOA) is a legal document that allows one person to grant another person the authority to make decisions on their behalf. This authority remains in effect even if the person who created the document becomes incapacitated. In Colorado, this form is often used to manage financial matters, but it can also cover healthcare decisions if specified.
Who can be appointed as an agent under a Durable Power of Attorney?
In Colorado, anyone over the age of 18 can be appointed as an agent, as long as they are competent to handle the responsibilities. This person can be a family member, friend, or even a professional, such as an attorney. It is essential to choose someone trustworthy, as they will have significant control over your affairs.
How do I create a Durable Power of Attorney in Colorado?
To create a DPOA in Colorado, follow these steps:
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Obtain a Durable Power of Attorney form. These forms are available online or from legal stationery stores.
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Fill out the form, specifying the powers you wish to grant to your agent.
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Sign the document in front of a notary public. This step is crucial, as notarization adds an extra layer of validity.
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Provide copies to your agent and any relevant institutions, such as banks or healthcare providers.
Can I revoke my Durable Power of Attorney?
Yes, you can revoke your Durable Power of Attorney at any time, as long as you are competent to do so. To revoke it, you should create a written document stating your intention to revoke and notify your agent and any institutions that have a copy of the original DPOA. It is advisable to destroy any copies of the original document to prevent confusion.
What powers can I grant my agent in a Durable Power of Attorney?
You can grant a wide range of powers to your agent in a DPOA. Common powers include:
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Managing bank accounts and investments
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Paying bills and taxes
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Buying or selling property
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Making healthcare decisions, if included in the document
It is important to be specific about the powers you wish to grant to ensure your wishes are followed.
What happens if I do not have a Durable Power of Attorney?
If you do not have a Durable Power of Attorney and become incapacitated, a court may appoint a guardian or conservator to manage your affairs. This process can be lengthy and costly. Having a DPOA in place allows you to choose someone you trust to handle your matters without the need for court intervention.