2021 Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 14 - Persons Under Disability - Protection
Part 7 - Uniform Power of Attorney Act
§ 15-14-725. Incorporation of Authority - Incorporation by Reference

1. An agent has authority described in this part 7 if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in sections 15-14-727 to 15-14-740 or cites the section in which the authority is described.
2. A reference in a power of attorney to general authority with respect to the descriptive term for a subject in sections 15-14-727 to 15-14-740 or a citation to a section of sections 15-14-727 to 15-14-740 incorporates the entire section as if it were set out in full in the power of attorney. (2.5) In addition to the incorporation of authority as provided in subsections (1) and (2) of this section, a writing or other record in existence when a power of attorney is executed may be incorporated by reference if the language of the power of attorney manifests this intent and describes the writing or other record sufficiently to permit its identification. A writing or other record so incorporated by reference is considered as set out in full in the power of attorney.
3. A principal may modify authority or a writing or other record incorporated by reference.

History. Source: L. 2009: Entire part added,(HB 09-1198), ch. 106, p. 397, § 1, effective April 9.

This section provides two methods for incorporating into a power of attorney the Act's statutory construction for authority over various subject matters. A reference in a power of attorney to the descriptive term for a subject in Sections 15-14-727 through 15-14-740 , or to the section number, incorporates the entire statutory section as if it were set out in full in the power of attorney. Subsection (3) provides that a principal may modify any authority incorporated by reference. The optional statutory form power of attorney provided in Section 15-14-741 uses the descriptive terms in Sections 15-14-727 through 15-14-740 to incorporate statutory construction for authority granted on the form and provides a “Special Instructions” section where the principal may modify any authority incorporated by reference.