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You can write a POA in two forms: general or limited. A general power of attorney allows the agent to make a wide range of decisions. This is your best option if you want to maximize the person's freedom to handle your assets and manage your care.
New York's new POA law requires that the principal's signature be notarized in addition to the POA being signed with two witnesses present (note that the notary can be one of your witnesses). New York's old power of attorney law also required POAs to be notarized, but didn't require them to be witnessed.
One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agent's activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.
Does a Power of Attorney need to be notarized? In Colorado, the law does require that a Financial Power of Attorney be notarized, but no witnesses are necessary. A medical Power of Attorney need not have witnesses or be notarized.
This person is called your "agent" or "attorney-in-fact." In order to make sure that this person can act on your behalf if you become incapacitated, you need to make sure that the power of attorney is a "durable" power of attorney. Otherwise, a power of attorney ends if you become incapacitated.
Steps for Making a Financial Power of Attorney in Colorado Create the POA Using a Statutory Form, Software, or Attorney. ... Sign the POA in the Presence of a Notary Public. ... Store the Original POA in a Safe Place. ... Give a Copy to Your Agent or Attorney-in-Fact. ... File a Copy With the Recorder's Office.
A Colorado durable statutory power of attorney form lets a person select anyone of their choosing to handle financial affairs on their behalf. The person selected as their agent will hold this title until the death of the principal unless revoked.
Durable Power of Attorney This is the most common type of POA?it gives your agent the power to make decisions relative to some issues if you are incapacitated. It also empowers your agent to act on your behalf in legal matters and other vital matters during a time when you can't be present.