Source: L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 404, § 1, effective April 9.
This section contains a significant change from Section 10 of the Uniform Statutory Form Power of Attorney Act. The default language in the Uniform Statutory Form Power of Attorney Act permitted an agent to designate the beneficiary of an insurance contract. See Unif. Statutory Form Power of Atty. Act § 10(4) (1988). However, under Section 15-14-733 of this Act, an agent does not have authority to "create or change a beneficiary designation" unless that authority is specifically granted to the agent pursuant to Section 15-14-724(1). The authority granted under Paragraph (1)(b) of Section 15-14-733 is more limited, allowing an agent to only "procure new, different, and additional contracts of insurance and annuities for the principal and the principal's spouse, children, and other dependents." A principal who grants authority to an agent under Section 15-14-733 should therefore carefully consider whether a specific grant of authority to create or change beneficiary designations is also desirable.
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"