Colorado Affidavit as to Principal's Competence at Time of Granting Power of Attorney

State:
Multi-State
Control #:
US-OG-910
Format:
Word; 
Rich Text
Instant download

Description

This form is an affidavit as to principal's competence at time of granting power of attorney.

How to fill out Affidavit As To Principal's Competence At Time Of Granting Power Of Attorney?

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FAQ

Colorado law does not require a power of attorney to be witnessed or notarized. Despite the law, it is considered best practice to have the document signed, notarized, and witnessed by two people. Why? The signature is presumed to be genuine if the power of attorney is notarized.

A medical power of attorney should be created with the help of your lawyer and while we encourage you to have the document signed by witnesses and notarized, this is not required in Colorado in order for the document to be legal.

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 Due Process in Competence Determinations Act (DPCDA), particularly Prob. C § 810-813, sets the standards for determining whether a person has the capacity to enter into a contract.

If you have an existing power of attorney form and you need to make changes, you should revoke your current document first. You can do that by using a revocation of power of attorney. Then, simply create a new Power of Attorney that includes the updates you want to make.

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.

A principal may change his or her mind and revoke a power of attorney at any time, so long as the principal has capacity. All a principal needs to do to revoke a power of attorney is send a letter to the agent notifying the agent that his or her appointment has been revoked.

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Colorado Affidavit as to Principal's Competence at Time of Granting Power of Attorney