Colorado Notice to Fire or Terminating Authority of Attorney

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Multi-State
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US-01163BG
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Word; 
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Description

A client generally has the right to terminate the relationship with the client's attorney, at any time with or without cause. An attorney is entitled to notice of the discharge. Although such notice need not be formal, it is preferable that the notice be in writing and signed by the client.


On the other hand, an attorney is not at liberty to terminate the relationship or to abandon a case without reasonable cause. If such cause does exist, the attorney may terminate only on giving reasonable notice to the client and usually after obtaining an order from the court in which the attorney is representing the client (if a court action is involved).

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FAQ

If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office (called the clerk and recorder's office in Colorado) in the county where you own real estate.

The general power of attorney is effective until you terminate or revoke it, you become incapacitated, or you die. You can also specify that it will expire after a certain date. In contrast, a power of attorney that is durable allows your attorney-in-fact to act on your behalf even if you become incapacitated.

The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.

§ 15-14-506. Medical durable power of attorney. (1) The authority of an agent to act on behalf of the principal in consenting to or refusing medical treatment, including artificial nourishment and hydration, may be set forth in a medical durable power of attorney.

Ends with Your Death ? In the event of your death, a durable power of attorney will no longer be valid. This document is not a replacement for the last will and testament or trust. It Can be Revoked or Not Honored at Any Time ? Due to the lack of court oversight, not everyone honors a durable power of attorney.

You can revoke (cancel) your power of attorney document at any time with a written notice to your agent. A sample "Notice of Revocation" is included in this packet.

Code § 30-5-2-7. "Power of attorney" means a writing or other record that grants authority to an attorney in fact or agent to act in place of a principal, whether the term "power of attorney" is used.

You can revoke your durable power of attorney as long as you are of sound mind and physically able to do so. The sound mind requirement is not difficult to satisfy. If someone challenged the revocation, a court would look only at whether or not you understood the consequences of signing the revocation.

With a non-durable POA, your agent's power to act ends if you become incapacitated. Non-durable POAs aren't useful for estate planning, but can be useful in other scenarios. For example, you might grant your stock broker a non-durable POA so they can manage your investments day-to-day.

To cancel (revoke) an Enduring Power of Attorney, the person who made it must have full legal capacity. The cancellation (revocation) should be made in writing. If the person has lost capacity, an application can be made to the Tribunal to decide if the EPA should be cancelled.

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Colorado Notice to Fire or Terminating Authority of Attorney