Title 15, Probate, Trusts, and Fiduciaries
0 chapters · 926 sections in this title.
Colo. Rev. Stat. § 15-14-735 Claims and litigation
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(1) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to: (a) Assert and maintain before a court or administrative agency a claim, claim for relief, cause of actio…
Colo. Rev. Stat. § 15-14-736 Personal and family maintenance
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(1) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to: (a) Perform the acts necessary to maintain the customary standard of living of the principal, t…
Colo. Rev. Stat. § 15-14-737 Benefits from governmental programs or civil or military service
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(1) In this section, “benefits from governmental programs or civil or military service” means any benefit, program, or assistance provided under a statute or regulation including social security, medicare, and medicaid. (2) Unless the power of attorney otherwise provides, languag…
Colo. Rev. Stat. § 15-14-738 Retirement plans
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(1) In this section, retirement plan means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the …
Colo. Rev. Stat. § 15-14-739 Taxes
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(1) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to: (a) Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contrib…
Colo. Rev. Stat. § 15-14-740 Gifts
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(1) In this section, a gift for the benefit of a person includes a gift to a trust, an account under the federal Uniform Transfers to Minors Act, and a tuition savings account or prepaid tuition plan as defined under Internal Revenue Code section 529, 26 U.S.C. sec. 529, as amend…
Colo. Rev. Stat. § 15-14-741 Statutory form - power of attorney
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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. STATE OF COLORADO STATUTORY FORM POWER OF ATTORNEY IMPORTANT INFORMATION This power of attorney authorizes another pe…
Colo. Rev. Stat. § 15-14-742 Certification
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The following optional form may be used by an agent to certify facts concerning a power of attorney. AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY State of __________________________________ County of __________________________________ I, ___…
Colo. Rev. Stat. § 15-14-743 Uniformity of application and construction
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In applying and construing this part 7, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. Source: L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 418, � 1, effective April 9. 15-14-744…
Colo. Rev. Stat. § 15-14-744 Relation to ”Electronic Signatures in Global and National Commerce Act”
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This part 7, modifies, limits, and supersedes the federal “Electronic Signatures in Global and National Commerce Act”, 15 U.S.C. sec. 7001 et seq., but does not modify, limit, or supersede section 101 (c) of that act, 15 U.S.C. sec. 7001 (c), or authorize electronic delivery of a…
Colo. Rev. Stat. § 15-14-745 Effect on existing powers of attorney
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(1) Except as otherwise provided in this part 7, on January 1, 2010: (a) This part 7 applies to a power of attorney created before, on, or after January 1, 2010; (b) This part 7 applies to a judicial proceeding concerning a power of attorney commenced on or after January 1, 2010;…
Colo. Rev. Stat. § 15-14-801 Legislative declaration
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(1) The general assembly finds and declares that: (a) Guardianship constitutes one of the most restrictive options available to adults with disabilities and their families; (b) Guardianship should be employed only when a less restrictive alternative would fail to meet the needs o…
Colo. Rev. Stat. § 15-14-802 Definitions
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As used in this part 8, unless the context otherwise requires: (1) Adult means an individual who is eighteen years of age or older, or an emancipated minor. (2) Assist means helping an adult with a disability weigh the pros and cons of a decision and understand the possible outco…
Colo. Rev. Stat. § 15-14-803 Supported decision-making agreement - term
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(1) An adult with a disability may voluntarily, without undue influence or coercion, enter into a supported decision-making agreement with one or more members of the supportive community. The supported decision-making agreement does not adversely affect the decision-making author…
Colo. Rev. Stat. § 15-14-804 Access to personal information
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(1) The member of the supportive community may only assist the adult with a disability in accessing, collecting, or obtaining information that is relevant to a decision made pursuant to the supported decision-making agreement and only when such assistance is specifically requeste…
Colo. Rev. Stat. § 15-14-805 Agreement requirements - signature - witnesses or notary public
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(1) A supported decision-making agreement may be in any form but is valid only if it contains, at a minimum, the following: (a) The name of the adult with a disability; (b) The name, address, phone number, and email address of the member of the supportive community, if applicable…
Colo. Rev. Stat. § 15-14-806 Reliance on agreement - limitation of liability
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(1) A person who receives the original or a copy of the supported decision-making agreement shall rely on the agreement and its authority to assist as presented. (2) A person is not subject to criminal or civil liability and does not engage in professional misconduct for an act o…