Orange Book Handbook: Powers of Attorney
Orange Book Handbook: Powers of Attorney
A document substantially in the following form may be used to create a statutory form
power of attorney that has the meaning and effect prescribed by this part 7.
POWER OF ATTORNEY
IMPORTANT INFORMATION
This power of attorney authorizes another person (your agent) to make decisions concerning
your property for you (the principal). Your agent will be able to make decisions and act with
respect to your property (including your money) whether or not you are able to act for yourself.
The meaning of authority over subjects listed on this form is explained in the “Uniform Power
of Attorney Act,” part 7 of article 14 of title 15, Colorado Revised Statutes.
This power of attorney does not authorize the agent to make health-care decisions for you.
You should select someone you trust to serve as your agent. Unless you specify otherwise,
generally the agent’s authority will continue until you die or revoke the power of attorney or the
agent resigns or is unable to act for you.
Your agent is entitled to reasonable compensation unless you state otherwise in the special
instructions.
This form provides for designation of one agent. If you wish to name more than one agent, you
may name a co-agent in the special instructions. Co-agents are not required to act together
unless you include that requirement in the special instructions.
If your agent is unable or unwilling to act for you, your power of attorney will end unless you
have named a successor agent. You may also name a second successor agent.
This power of attorney becomes effective immediately unless you state otherwise in the special
instructions.
If you have questions about the power of attorney or the authority you are granting to
your agent, you should seek legal advice before signing this form.
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Exhibit 3A Colorado Estate Planning Handbook
DESIGNATION OF AGENT
If my successor agent is unable or unwilling to act for me, I name as my second successor agent:
I grant my agent and any successor agent general authority to act for me with respect to the fol-
lowing subjects as defined in the “Uniform Power of Attorney Act,” part 7 of article 14 of title
15, Colorado Revised Statutes:
(INITIAL each subject you want to include in the agent’s general authority. If you wish to grant
general authority over all of the subjects you may initial “All preceding subjects” instead of ini-
tialing each subject.)
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Powers of Attorney Exhibit 3A
(___) Taxes
My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED
the specific authority listed below:
(CAUTION: Granting any of the following will give your agent the authority to take actions that
could significantly reduce your property or change how your property is distributed at your
death. INITIAL ONLY the specific authority you WANT to give your agent.)
(___) Make a gift, subject to the limitations of the “Uniform Power of Attorney Act” set forth in
section 15-14-740, Colorado Revised Statutes, and any special instructions in this power of
attorney
(___) Authorize another person to exercise the authority granted under this power of attorney
(___) Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a
survivor benefit under a retirement plan
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Exhibit 3A Colorado Estate Planning Handbook
(___) Exercise fiduciary powers that the principal has authority to delegate
(___) Exercise a power of appointment other than: (1) the exercise of a general power of
appointment for the benefit of the principal which may, if the subject of estates, trusts, and other
beneficial interests is authorized above, be exercised as provided under the subject of estates,
trusts, and other beneficial interests; or (2) the exercise of a general power of appointment for
the benefit of persons other than the principal which may, if the making of a gift is specifically
authorized above, be exercised under the specific authorization to make gifts
An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit
the agent or a person to whom the agent owes an obligation of support unless I have included
that authority in the special instructions.
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
EFFECTIVE DATE
This power of attorney is effective immediately unless I have stated otherwise in the special in-
structions.
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Powers of Attorney Exhibit 3A
Nominee’s address:_____________________________________________________________
Any person, including my agent, may rely upon the validity of this power of attorney or a copy
of it unless that person knows it has terminated or is invalid.
______________________________________________
______________________________________________
______________________________________________
______________________________________________
______________________________________________
Your address
______________________________________________
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Exhibit 3A Colorado Estate Planning Handbook
State of _________________________________________________
[County] of ______________________________________________
(Date)
by _____________________________________________________.
(Name of principal)
Signature of notary
_____________________________________________________________________________
_____________________________________________________________________________
Agent’s duties
When you accept the authority granted under this power of attorney, a special legal relationship
is created between you and the principal. This relationship imposes upon you legal duties that
continue until you resign or the power of attorney is terminated or revoked. You must:
(1) Do what you know the principal reasonably expects you to do with the principal’s property
or, if you do not know the principal’s expectations, act in the principal’s best interest;
(3) Do nothing beyond the authority granted in this power of attorney; and
(4) Disclose your identity as an agent whenever you act for the principal by writing or printing
the name of the principal and signing your own name as “agent” in the following manner:
Unless the special instructions in this power of attorney state otherwise, you must also:
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Powers of Attorney Exhibit 3A
(2) Avoid conflicts that would impair your ability to act in the principal’s best interest;
(4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;
(5) Cooperate with any person that has authority to make health-care decisions for the principal
to do what you know the principal reasonably expects or, if you do not know the principal’s
expectations, to act in the principal’s best interest; and
(6) Attempt to preserve the principal’s estate plan if you know the plan and preserving the plan
is consistent with the principal’s best interest.
You must stop acting on behalf of the principal if you learn of any event that terminates this
power of attorney or your authority under this power of attorney. Events that terminate a power
of attorney or your authority to act under a power of attorney include:
(5) If you are married to the principal, a legal action is filed with a court to end your marriage, or
for your legal separation, unless the special instructions in this power of attorney state that such
an action will not terminate your authority.
Liability of agent
The meaning of the authority granted to you is defined in the “Uniform Power of Attorney Act,”
part 7 of article 14 of title 15, Colorado Revised Statutes. If you violate the “Uniform Power of
Attorney Act,” part 7 of article 14 of title 15, Colorado Revised Statutes, or act outside the
authority granted, you may be liable for any damages caused by your violation.
If there is anything about this document or your duties that you do not understand, you should
seek legal advice.
Source: L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 411, § 1, effective April 9.
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