Source: L. 2014: Entire article added, (HB 14-1353), ch. 209, p. 781, § 1, effective July 1, 2015.
A release is typically irrevocable. If a powerholder wishes to retain the power to revoke or amend the release, the powerholder should so indicate in the instrument executing the release.
The ability of an agent or guardian to revoke or amend the release of a power of appointment on behalf of a principal or ward is determined by other law, such as the Uniform Power of Attorney Act or the Uniform Guardianship and Protective Proceedings Act.
Other law of the state may permit the reformation of an otherwise irrevocable instrument. See, for example, Uniform Probate Code § 2-805; Uniform Trust Code § 415.
The rule of this section is consistent with, and this Comment draws on, Restatement Third of Property: Wills and Other Donative Transfers §§ 20.1 and 20.2 and the accompanying Commentary.
Structure Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 2.5 - Uniform Powers of Appointment Act
Part 4 - Disclaimer or Release; Contract to Appoint or Not to Appoint
§ 15-2.5-402. Authority to Release
§ 15-2.5-403. Method of Release
§ 15-2.5-404. Revocation or Amendment of Release
§ 15-2.5-405. Power to Contract - Presently Exercisable Power of Appointment
§ 15-2.5-406. Power to Contract - Power of Appointment Not Presently Exercisable