Source: L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 386, § 1, effective April 9.
Section 15-14-704 establishes that a power of attorney created under the Act is durable unless it expressly states otherwise. This default rule is the reverse of the approach under the Uniform Durable Power of Attorney Act and based on the assumption that most principals prefer durability as a hedge against the need for guardianship. See also Section 15-14-707 Comment (noting that the default rules of the jurisdiction's law under which a power of attorney is created, including the default rule for durability, govern the meaning and effect of a power of attorney).
Structure Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 14 - Persons Under Disability - Protection
Part 7 - Uniform Power of Attorney Act
§ 15-14-704. Power of Attorney Is Durable
§ 15-14-705. Execution of Power of Attorney
§ 15-14-706. Validity of Power of Attorney
§ 15-14-707. Meaning and Effect of Power of Attorney
§ 15-14-708. Nomination of Conservator or Guardian - Relation of Agent to Court-Appointed Fiduciary
§ 15-14-709. When Power of Attorney Effective
§ 15-14-710. Termination of Power of Attorney or Agent's Authority
§ 15-14-711. Coagents and Successor Agents
§ 15-14-712. Reimbursement and Compensation of Agent
§ 15-14-713. Agent's Acceptance
§ 15-14-715. Exoneration of Agent
§ 15-14-717. Agent's Liability
§ 15-14-718. Agent's Resignation - Notice
§ 15-14-719. Acceptance of and Reliance Upon Acknowledged Power of Attorney
§ 15-14-720. Liability for Refusal to Accept Acknowledged Power of Attorney
§ 15-14-721. Principles of Law and Equity
§ 15-14-722. Laws Applicable to Financial Institutions and Entities
§ 15-14-723. Remedies Under Other Law
§ 15-14-724. Authority That Requires Specific Grant - Grant of General Authority
§ 15-14-725. Incorporation of Authority - Incorporation by Reference
§ 15-14-726. Construction of Authority Generally
§ 15-14-728. Tangible Personal Property
§ 15-14-730. Commodities and Options
§ 15-14-731. Banks and Other Financial Institutions
§ 15-14-732. Operation of Entity or Business
§ 15-14-733. Insurance and Annuities
§ 15-14-734. Estates, Trusts, and Other Beneficial Interests
§ 15-14-735. Claims and Litigation
§ 15-14-736. Personal and Family Maintenance
§ 15-14-737. Benefits From Governmental Programs or Civil or Military Service
§ 15-14-741. Statutory Form - Power of Attorney
§ 15-14-743. Uniformity of Application and Construction
§ 15-14-744. Relation to "Electronic Signatures in Global and National Commerce Act"