Pursuant to my previous post
, investigating the durable power of attorney question in my state, Colorado. This will obviously vary by state or country. Apparently, Colorado adopted the Uniform Power of Attorney Act in 2009. Clearly worth paying attention to.
COLORADO REVISED STATUTES
*** All titles of the Colorado Statutes have been updated and are current through the laws passed during the 2016 Legislative Session, subject to final review by the Colorado Office of Legislative Legal Services. ***
TITLE 15. PROBATE, TRUSTS, AND FIDUCIARIES
COLORADO PROBATE CODE
ARTICLE 14. PERSONS UNDER DISABILITY - PROTECTION
PART 7. UNIFORM POWER OF ATTORNEY ACT
SUBPART 1. GENERAL PROVISIONS
C.R.S. 15-14-704 (2016)
15-14-704. Power of attorney is durable(1) A power of attorney created on and after January 1, 2010, is durable unless it expressly provides that it is terminated by the incapacity of the principal.
(2) A power of attorney existing on December 31, 2009, is durable only if on that day the power of attorney is durable under section 15-14-501 or 15-14-745 (2).
Then for older POA's:
15-14-501. When power of attorney not affected by disability
(1) Whenever a principal designates another his attorney-in-fact or agent by a power of attorney in writing and the writing contains the words "This power of attorney shall not be affected by disability of the principal." or "This power of attorney shall become effective upon the disability of the principal." or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding his disability,
the authority of the attorney-in-fact or agent is exercisable by him as provided in the power on behalf of the principal notwithstanding later disability or incapacity of the principal at law or later uncertainty as to whether the principal is dead or alive. The authority of the attorney-in-fact or agent to act on behalf of the principal shall be set forth in the power and may relate to any act, power, duty, right, or obligation which the principal has or after acquires relating to the principal or any matter, transaction, or property, real or personal, tangible or intangible.