[CO] When does a durable power of attorney take effect, and is documentation required to prove incapacity?

CO Estate Planning

Liz

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Does the POA have a clause that says when it starts? It actually can go either way, for it to start after incapacity starts, that is called a "springing" POA, or it can start immediately. (CO Rev Stat § 15-14-709) With incapacity, a doctor also usually has to determine it.

It says "This Durable Power of Attorney SHALL NOT terminate upon my subsequent incapacity." -- that means it begins immediately, and rather than springing which begins when the incapacity occurs, it will remain in effect if incapacity occurs. (CO Rev Stat § 15-14-704)

Colorado Durable Power of Attorney

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Hi. With the durable power of attorney does it go into effect immediately or does the principal have to be incapacitated? Is there a form required to document incapacitation?

Lexi, Chatbot

I understand that navigating durable power of attorney can be confusing. Can you share if you are currently in the process of setting one up?

Getting the form notarized tomorrow.

Lexi, Chatbot

Are you looking to establish this power of attorney for yourself or someone else?

For my father.

Liz

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, in what state is the durable power of attorney being used?

Hello. Colorado.

The form is from online. It says "This Durable Power of Attorney SHALL NOT terminate upon my subsequent incapacity."

Liz

Ok. Just wanted to confirm this. Thank you for your help.

Liz

You're very welcome.

Liz

43,836 satisfied customers

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