Colorado Checklist - Documents to Bring to Your Attorney

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Sometimes disputes between creditors and debtors arise over late payments, the amount due, or a variety of other issues. Many times, these matters can be resolved with minimal difficulty. However, it is sometimes necessary to seek legal help to sue or to defend against a suit. When that happens, this list will help you collect important documents to show your attorney.

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FAQ

Estate Planning Lawyers in Colorado Springs. Power of Attorney is awarded to the specified ?agent? or person who will take over decision making when a person becomes incapacitated, either due to a trauma, physical absence or slow onset of a condition such as dementia or Alzheimer's.

Unlike a basic power of attorney, which is not effective if you are incapacitated, a durable power of attorney contains special language making it effective even if you become incapacitated. It also continues operating if you later regain your capacity.

A ?durable? power of attorney permits an agent to make decisions even if the princi- pal becomes incapacitated. Powers of attorney signed after January 1, 2010, are durable unless the document provides that it is terminated by the incapacity of the principal.

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.

Almost everyone who creates an estate plan in Colorado includes a durable power of attorney. A power of attorney is an important type of legal document. Through it, you can give another person or organization the legal right to represent your interests and make decisions for you.

A ?durable? POA is simply a power of attorney that survives the incapacity of the Principal. While a Durable General Power of Attorney grants your Agent a considerable amount of legal authority to act on your behalf, it does not grant your Agent the authority to make medical or health care decisions on your behalf.

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.

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.

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Colorado Checklist - Documents to Bring to Your Attorney