Power of Attorney Acceptance and Refusal Rules in Colorado

At a glance

Requirements one by one

Presentation and initial response

For these sections, “acknowledged” means purportedly verified before a notary or another person authorized to take acknowledgments (Colo. Rev. Stat. § 15-14-719(1)). After presentation for acceptance, the recipient must accept or request an allowed supporting item within seven business days, except where a § 15-14-720(2) refusal ground removes the duty (§ 15-14-720(1)(a)).

Requests and second clock

The recipient may request an agent certification under penalty of perjury about a factual matter, an English translation if the power uses another language, or a lawyer’s opinion on a legal matter if it gives its reason in a writing or other record (§ 15-14-719(4)). The principal bears the cost of any of these requested items (§ 15-14-719(5)). Once the item arrives, the recipient must accept within five business days, again subject to the refusal exceptions (§ 15-14-720(1)(b), (2)).

Refusal and court consequence

The exceptions include circumstances where the recipient would not transact with the principal, including a new customer relationship or a service the recipient does not offer. They also cover conflicting law, known termination, refusal to supply permitted proof, a good-faith validity or authority concern, a report of suspected abuse to an authorized agency, and a good-faith investigation of suspected financial abuse (§ 15-14-720(2)). The recipient may not demand a different power-of-attorney form for authority already granted in the presented instrument (§ 15-14-720(1)(c)).

A person who refuses in violation of the section faces an order mandating acceptance and liability for reasonable attorney’s fees and costs in an action or proceeding confirming validity or mandating acceptance (§ 15-14-720(3)). The section does not require a general written refusal notice.

What trips people up

A suspicion alone is not the same as the abuse-report exception. Paragraph (2)(f) requires a report to a government agency authorized to protect the principal; paragraph (2)(f.5) separately concerns a good-faith apprehension and a good-faith investigation. The new-customer and unoffered-service exceptions also make clear that the power does not force a business to start a service it does not provide (§ 15-14-720(2)).

Common questions

Can a bank require its own power-of-attorney form? It may not require an additional or different form for authority granted in the power presented (§ 15-14-720(1)(c)).

Who pays for the requested certification or legal opinion? The principal bears the cost of an agent certification, English translation, or counsel opinion requested under § 15-14-719(4)-(5).

Statutes and sources

The quoted provisions are from the Colorado General Assembly’s 2026 Title 15 printout, accessed October 4, 2026.

Colo. Rev. Stat. § 15-14-719. “(1) For purposes of this section and section 15-14-720, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgements.” Official statute (accessed October 4, 2026).

Colo. Rev. Stat. § 15-14-719. “(4) A person that is asked to accept an acknowledged power of attorney may request and rely upon, without further investigation, one or more of the following: (a) An agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney; (b) An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; or (c) An opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request. (5) An English translation, an agent's certification, or an opinion of counsel requested under this section must be provided at the principal's expense.” Official statute (accessed October 4, 2026).

Colo. Rev. Stat. § 15-14-720. “(1) Except as otherwise provided in subsection” Official statute (accessed October 4, 2026).

Colo. Rev. Stat. § 15-14-720. “(2) of this section: (a) A person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under section 15-14-719 (4) no later than seven business days after presentation of the power of attorney for acceptance. (b) If a person requests a certification, a translation, or an opinion of counsel under section 15-14-719 (4), the person shall accept the power of attorney no later than five business days after receipt of the certification, translation, or opinion of counsel. (c) A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented. (2) A person is not required to accept an acknowledged power of attorney if: (a) The person is not otherwise required to engage in a transaction with the principal in the same circumstances, including, without limitation, the circumstances set forth in paragraphs (a.3) and (a.5) of this subsection (2); (a.3) The agent seeks to establish a customer relationship under the power of attorney and the principal is not currently a customer; (a.5) The agent seeks services under the power of attorney that the person does not offer; (b) Engaging in a transaction with the agent or the principal in the same circumstances or acceptance of the power of attorney in the same circumstances would be inconsistent with any federal or state law, rule, or regulation other than as set forth in this part 7; (c) The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power; (d) A request for a certification, a translation, or an opinion of counsel under section 15-14-719 (4) is refused; (e) The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel under section 15-14-719 (4) has been requested or provided; (f) The person makes, or has actual knowledge that another person has made, a report to a governmental agency having authority to protect the welfare of the principal stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent; or (f.5) The person has an apprehension, formed in good faith, that the agent or person acting for or with the agent has acted or is acting, in any capacity, either unlawfully or not in good faith in dealing with the person and the person is investigating in good faith to determine whether the person may, based on the results of the investigation, form a good faith belief that the principal may be subject to financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.” Official statute (accessed October 4, 2026).

Colo. Rev. Stat. § 15-14-720. “(3) A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to: (a) A court order mandating acceptance of the power of attorney; and (b) Liability for reasonable attorney's fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.” Official statute (accessed October 4, 2026).