Colorado Power of Attorney: Durable by Default
Under the Colorado Uniform Power of Attorney Act, a financial power of attorney created on or after January 1, 2010 is durable by default — it survives the principal's incapacity unless the document expressly says it terminates on incapacity (C.R.S. § 15-14-704).
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Talk to a Colorado attorney about how these rules apply to your situation.
A financial power of attorney (POA) lets you name an agent to handle money and property matters for you — paying bills, managing accounts, dealing with real estate, and more.
Durable by default in Colorado
Colorado has adopted the Uniform Power of Attorney Act. Under it, a financial POA created on or after January 1, 2010 is durable by default — meaning the agent’s authority survives your incapacity (C.R.S. § 15-14-704).
This is the opposite of the old common-law rule, where a POA ended the moment the principal lost capacity. Now, durability is automatic unless the document expressly says it should terminate if you become incapacitated.
Why durability usually matters
For most estate plans, durability is the whole point. A POA is most valuable precisely when you can’t act for yourself — after a stroke, an accident, or a dementia diagnosis. Because Colorado makes durability the default, a standard financial POA will keep working through incapacity unless you deliberately opt out.
Financial vs. medical POAs
This guide covers financial powers of attorney. Health-care decisions are handled through a separate medical durable power of attorney and related documents — see advance directives.
A POA works alongside the rest of your plan, including your will and any living trust. To get matched with a local Colorado estate-planning attorney, connect with a lawyer.
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Start your free intakeFrequently asked questions
- Is a Colorado power of attorney durable automatically?
- Yes, by default. A financial power of attorney created on or after January 1, 2010 is durable unless the document expressly states it terminates if you become incapacitated (C.R.S. § 15-14-704).
- What does 'durable' mean for a power of attorney?
- Durable means the agent's authority continues even after you lose capacity. That's usually the goal, because incapacity is exactly when you most need someone able to act for you.
- Can I make a Colorado POA that ends if I become incapacitated?
- Yes. Because durability is the default, you'd have to expressly state in the document that it terminates on your incapacity to override the default rule (C.R.S. § 15-14-704).
Sources
Related guides
- Avoiding Probate in Colorado Many Colorado assets pass outside probate: beneficiary designations, payable-on-death/transfer-on-death accounts, joint tenancy with right of survivorship, and a funded revocable trust. Colorado also allows a beneficiary deed (a transfer-on-death deed) that conveys real property to a named beneficiary at the owner's death and is revocable during life (C.R.S. § 15-15-401).
- Colorado Advance Directives: Medical POA & Living Wills A medical durable power of attorney lets an agent make health-care decisions if you can't (C.R.S. § 15-14-506). A living will — formally a Declaration as to Medical Treatment — lets an adult direct that life-sustaining procedures be withheld or withdrawn in a terminal condition or persistent vegetative state (C.R.S. § 15-18-104). Colorado also recognizes CPR directives and MOST forms.
- Colorado Intestate Succession: Dying Without a Will If you die without a will, Colorado's Uniform Probate Code rules decide who inherits (C.R.S. § 15-11-102). A surviving spouse takes the entire estate in some situations; in others the spouse takes a base amount plus a share, with the rest passing to descendants, then parents, then more remote kin (§ 15-11-103).
- Colorado Living Trusts: How Revocable Trusts Work Trusts in Colorado are governed by the Colorado Uniform Trust Code (Title 15, Article 5; C.R.S. § 15-5-101). A funded revocable living trust lets your assets pass outside probate while you keep control during life — but only assets actually retitled into the trust avoid probate.
- Colorado Wills: Requirements & How They Work Colorado follows the Uniform Probate Code. A valid will must be in writing and signed by the testator, and then either signed by at least two witnesses or acknowledged before a notary (C.R.S. § 15-11-502(1)). Colorado also recognizes holographic wills — a will is valid without witnesses if the signature and material portions are in the testator's own handwriting (§ 15-11-502(2)).
- Related area: Probate in Colorado