Colorado: Power of Attorney Requirements

The short answer

Colorado's Uniform Power of Attorney Act keeps execution simple: "a power of
attorney must be signed by the principal or in the principal's conscious
presence by another individual directed by the principal to sign the
principal's name" (§ 15-14-705). That is the whole validity requirement.
Notarization is optional — it only makes the signature "presumed to be
genuine" (§ 15-14-705) — and there is no witness requirement at all.

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" (§ 15-14-704(1)). Colorado also publishes an official statutory
form (§ 15-14-741).

Requirements one by one

Governing law

The Uniform Power of Attorney Act, C.R.S. Title 15, Article 14, Part 7 (§
15-14-701). A power of attorney "executed in this state on or after January
1, 2010, is valid if its execution complies with section 15-14-705" (§
15-14-706(1)).

Who must sign

The principal, or, "in the principal's conscious presence," another
individual the principal directs to sign the principal's name (§ 15-14-705).

Notarization

Optional. Skipping it does not make an otherwise-valid signature invalid; it
only forgoes a benefit. "A signature on a power of attorney is presumed to be
genuine if the principal acknowledges the signature before a notary public or
other individual authorized by law to take acknowledgments" (§ 15-14-705).

Witnesses

Not required. Section 15-14-705 sets out the entire execution rule —
signature, plus an optional notarial acknowledgment — and names no witness
requirement of any kind.

Statutory form

Yes. "A document substantially in the following form may be used to create a
statutory form power of attorney that has the meaning and effect prescribed
by this part 7" (§ 15-14-741) — the "STATE OF COLORADO STATUTORY FORM POWER
OF ATTORNEY."

Durable by default?

Yes, for documents made under the current Act. 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" (§ 15-14-704(1)). An older
power of attorney that already existed on December 31, 2009 is durable only
if it qualified as durable under the law that applied to it then (§
15-14-704(2)).

Springing POA allowed?

Yes. A power of attorney "is effective when executed unless the principal
provides in the power of attorney that it becomes effective at a future date
or upon the occurrence of a future event or contingency" (§ 15-14-709(1)).
The principal may authorize someone to determine that the event happened (§
15-14-709(2)). If the trigger is incapacity and no one is named or willing,
the power of attorney becomes effective once "a physician or licensed
psychologist," or "an attorney-at-law, a judge, or an appropriate
governmental official," determines the principal is incapacitated (§
15-14-709(3)(a)-(b)).

Real estate extras

Part 7 itself adds no special execution step for real estate. But Colorado's
general recording law specifically lists powers of attorney among the
instruments that may be recorded with the county: "all deeds, powers of
attorney, agreements, or other instruments in writing conveying, encumbering,
or affecting the title to real property" "may be recorded in the office of
the county clerk and recorder of the county where such real property is
situated" (§ 38-35-109(1)). Colorado runs a "race-notice recording statute,"
so an unrecorded power of attorney "shall not be valid against any person
with any kind of rights in or to such real property who first records" (§
38-35-109(1)) — recording it protects against being outrun by a later,
faster-filing party.

Out-of-state POAs

Recognized. A power of attorney "executed other than in this state is valid
in this state if, when the power of attorney was executed, the execution
complied with ... the law of the jurisdiction that determines the meaning and
effect of the power of attorney," or with the federal military power of
attorney statute (§ 15-14-706(3)). That governing jurisdiction is "the
jurisdiction indicated in the power of attorney" or, absent one, "the
jurisdiction in which the power of attorney was executed" (§ 15-14-707).
Copies count too: "a photocopy or electronically transmitted copy of an
original power of attorney has the same effect as the original" (§
15-14-706(4)).

What trips people up

• Assuming notarization or witnesses are required. Neither is; the
  principal's signature alone satisfies § 15-14-705. Notarization is worth
  doing anyway because it creates a presumption of genuineness that a
  bare signature doesn't get.
• Not recording a power of attorney used for a real estate deal. Nothing
  in Part 7 requires it, but skipping it exposes the document to Colorado's
  race-notice rule: someone else who records their competing interest first
  can prevail (§ 38-35-109(1)).
• Assuming durability needs special language. For a document made on or
  after January 1, 2010, it's the opposite: silence keeps the durable
  default; only an express termination-on-incapacity clause opts out (§
  15-14-704(1)).
• Confusing this Act with the motor-vehicle-title power of attorney rules.
  A separate 2025 act (HB 25-1076) extends this Act to Colorado's motor
  vehicle statutes for title/registration purposes — a narrow add-on, not a
  change to the general financial power of attorney rules described here.

Common questions

Does Colorado require notarization or witnesses? Neither is required for
validity; the principal's signature is enough (§ 15-14-705). Notarization
only adds a presumption that the signature is genuine.

Is a Colorado power of attorney durable automatically? Yes, for one made
on or after January 1, 2010, unless the document says it ends at your
incapacity (§ 15-14-704(1)).

Is there an official Colorado power of attorney form? Yes, the State of
Colorado Statutory Form Power of Attorney (§ 15-14-741).

Can it take effect only if I become incapacitated later? Yes. Name
someone to determine that in writing; without a willing, named person, a
physician or licensed psychologist, or an attorney, judge, or government
official, can make that determination instead (§ 15-14-709).

Will my out-of-state power of attorney work in Colorado? Yes, if its
execution complied with the law of the jurisdiction that governs it, or with
the federal military power of attorney statute (§ 15-14-706(3)).

Statutes and sources

Quotations for §§ 15-14-701, 15-14-704, 15-14-705, 15-14-706, 15-14-707,
15-14-709, and 15-14-741 are from C.R.S. Title 15, and § 38-35-109 is from
Title 38, both as published in the Colorado Revised Statutes 2024
"Uncertified Printout" by the Colorado General Assembly's Office of
Legislative Legal Services at leg.colorado.gov, accessed 2026-07-04.

• § 15-14-705 — execution: signature, optional notarial acknowledgment.
  Quoted above.
  View official text (leg.colorado.gov)
• § 15-14-704 — durability is the default for post-2010 powers of
  attorney. Quoted above.
  View official text (leg.colorado.gov)
• § 15-14-706 — validity, out-of-state recognition, copies. Quoted above.
  View official text (leg.colorado.gov)
• § 15-14-707 — governing jurisdiction for meaning and effect. Quoted
  above.
  View official text (leg.colorado.gov)
• § 15-14-709 — effective date and springing powers. Quoted above.
  View official text (leg.colorado.gov)
• § 15-14-741 — the statutory form. Quoted above.
  View official text (leg.colorado.gov)
• § 15-14-701 — short title. Quoted above.
  View official text (leg.colorado.gov)
• § 38-35-109 — general recording statute naming powers of attorney and
  establishing race-notice recording. Quoted above.
  View official text (leg.colorado.gov)

No pending Colorado legislation currently affects any of the requirements
described on this page.