CCRJ | Coombe, Curry, Rich, Jarvis
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CCRJ | Coombe, Curry, Rich, Jarvis

A Full-Service Civil Law Firm With Over 30 Years Of Experience

Crafting Reliable Power Of Attorney Documents

A power of attorney (POA) is a legal document that allows one person, the principal, to grant another person, the agent, the authority to make decisions on their behalf. The purpose of a POA is to ensure that the principal’s affairs are handled according to their wishes if they become incapacitated or unable to make decisions themselves.

At Coombe, Curry, Rich, Jarvis, we have over 30 years of experience helping clients in Denver and throughout Colorado with their POA needs. A POA is a crucial component of estate planning. Without a POA in place, family members may need to seek court intervention, which can be costly and time consuming.

We recognize that creating a POA can be a complex and emotional process. That is why we are here to provide support and guidance every step of the way. Our attorneys will work closely with you to understand your goals and objectives, and help you create a POA that meets your unique needs and reflects your wishes.

Who Can Serve As An Agent Under A Colorado POA?

Choosing the right agent is one of the most important decisions in creating a power of attorney. In Colorado, the person you name must be at least 18 years old and mentally competent. There is no requirement that the agent live in Colorado, but practical considerations such as proximity and availability often matter.

The agent should be someone you trust completely. This person may have access to financial accounts, real estate interests or sensitive medical information. While many people choose a spouse, adult child or close relative, others select a trusted friend or professional fiduciary. The key requirement is that the agent act in good faith, within the scope of authority granted and in the principal’s best interests under Colorado law.

Can You Change A Power Of Attorney After It Has Been Created?

Yes. As long as you remain mentally competent, you may revoke or amend a POA at any time. Life circumstances change. Relationships evolve. Financial situations shift. A document that made sense five years ago may not reflect your current wishes.

To change a POA, you typically execute a written revocation or create a new POA that expressly revokes prior documents. It is also important to notify financial institutions, health care providers and any previously named agents of the change to prevent confusion. Our firm assists clients in reviewing and updating POA documents to ensure they remain aligned with their goals.

When Does A Power Of Attorney End?

A POA does not last indefinitely in every situation. In Colorado, a power of attorney generally terminates when:

  • The principal dies
  • The principal revokes the document
  • The purpose of the POA has been fulfilled
  • The court invalidates the document
  • The agent resigns and no successor agent is named

Additionally, a nondurable POA ends if the principal becomes incapacitated. This is why many people choose a durable power of attorney as part of comprehensive estate planning.

What Can A Power Of Attorney Not Do?

Although powerful, a POA has clear limits. An agent cannot change your will, create or revoke a will on your behalf or vote in public elections for you. Unless specifically authorized, the agent may not alter beneficiary designations or make substantial gifts. A standard financial POA also does not automatically grant authority to make medical decisions unless a separate medical power of attorney is executed.

Types Of Powers Of Attorney

A POA gives you authority over various aspects of your life, including financial, medical and personal matters. However, it is essential to understand that a POA does not give the agent the authority to change your will or make decisions that are not in your best interests.

The following are some common types of POAs:

  • Durable power of attorney: This remains in effect if the principal becomes incapacitated.
  • Medical power of attorney: This allows someone to make medical decisions, which may include advance directives.
  • Financial power of attorney: This grants authority to manage financial affairs and handle estate administration.

These types of POAs can be tailored to meet your specific needs and goals, and our lawyers can help you determine which type of Denver power of attorney is right for you. By creating a POA, you can ensure that your wishes are respected and that your affairs are handled by someone you trust.

What Are The Legal Requirements For A POA In Colorado?

In Colorado, there are specific legal requirements for creating a POA. To be valid, a POA must be in writing, signed by the principal, and notarized or witnessed by two adults. The principal must also have the capacity to understand the nature and consequences of creating a POA. Our attorneys are familiar with the laws and regulations governing POAs in Colorado and can help you create a document that meets the state’s requirements.

Take Control With A Power Of Attorney Document

If you are considering creating a POA, it is essential to hire a lawyer who can provide guidance and support. Our team of attorneys at Coombe, Curry, Rich, Jarvis has decades of experience helping clients with their POA needs. We encourage you to take informed and immediate action by reaching out to us via phone at 303-572-4200 or through our online contact form.