2020 Colorado Revised Statutes
Title 15 - Probate, Trusts, And Fiduciaries
Article 14. Persons Under Disability - Protection
Section 15-14-500.3. Legislative declaration.

(1) The general assembly hereby recognizes that each adult individual has the right as a principal to appoint an agent to deal with property or make personal decisions for the individual, but that this right cannot be fully effective unless the principal may empower the agent to act throughout the principal's lifetime, including during periods of disability, and be sure that any third party will honor the agent's authority at all times.

(2) The general assembly hereby finds, determines, and declares that:

  1. In light of modern financial needs, the statutory recognition of the right of delegationin Colorado must be restated, among other things, to expand its application and the permissible scope of the agent's authority, to clarify the power of the individual to authorize an agent to make financial decisions for the individual, and to better protect any third party who relies in good faith on the agent so that reliance will be assured.

  2. The public interest requires a standard form for certification of agency that any thirdparty may use to assure that an agent's authority under an agency has not been altered or terminated.

  1. The general assembly hereby finds, determines, and declares that nothing in this part5 or part 6 or 7 of this article shall be deemed to authorize or encourage any course of action that violates the criminal laws of this state or the United States. Similarly, nothing in this part 5 or part 6 or 7 of this article shall be deemed to authorize or encourage any violation of any civil right expressed in the constitution, statutes, case law, or administrative rulings of this state or the United States or any course of action that violates the public policy expressed in the constitution, statutes, case law, or administrative rulings of this state or the United States.

  2. The general assembly hereby recognizes each adult's constitutional right to accept orreject medical treatment, artificial nourishment, and hydration and the right to create advanced medical directives and to appoint an agent to make health care decisions under a medical durable power of attorney. The "Colorado Patient Autonomy Act", sections 15-14-503 to 15-14-509, is intended to assist the exercise of such rights.

  3. In the event of a conflict between the provisions of part 7 of this article and the"Colorado Patient Autonomy Act" or between the provisions of powers of attorney prepared pursuant to part 7 of this article and the "Colorado Patient Autonomy Act", the provisions of the "Colorado Patient Autonomy Act" or provisions of powers of attorney prepared pursuant to the "Colorado Patient Autonomy Act" shall prevail.

  4. Parts 6 and 7 of this article 14 do not abridge the right of any person to enter into averbal principal and agent relationship. A brokerage relationship between a real estate broker and a seller, landlord, buyer, or tenant in a real estate transaction established pursuant to part 4 of article 10 of title 12 shall be governed by the provisions of part 4 of article 10 of title 12 and not by parts 6 and 7 of this article 14.

  5. Parts 6 and 7 of this article do not create any power or right in an agent that theagent's principal does not hold or possess and does not abridge contracts existing between principals and third parties.

Source: L. 2009: Entire section added with relocations, (HB 09-1198), ch. 106, p. 420, § 5, effective January 1, 2010. L. 2019: (6) amended, (HB 19-1172), ch. 136, p. 1670, § 80, effective October 1.

Editor's note: This section is similar to former § 15-14-601 as it existed prior to 2010.

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