reglab/housing_qa huggingface dataset:
CO Code § 15-14-706 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 7 - Uniform Power of Attorney Act|§ 15-14-706. Validity of Power of Attorney

  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.    A power of attorney executed in this state before January 1, 2010, is valid if its execution complied with the law of this state as it existed at the time of execution. (2.5) It shall not be inferred from the portion of the definition of “incapacity” in section 15-14-702 (5)(b) that an individual who is either incarcerated in a penal system or otherwise detained or outside of the United States and unable to return lacks the capacity to execute a power of attorney as a consequence of such detention or inability to return.    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 pursuant to section 15-14-707; or    The requirements for a military power of attorney pursuant to 10 U.S.C. sec. 1044b, as amended.       Except as otherwise provided by statute other than this part 7, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original. Nothing in this subsection (4) shall preclude a third party relying upon a power of attorney from requesting the original document.     History. Source: L. 2009: Entire part added,(HB 09-1198), ch. 106, p. 386, § 1, effective April 9.    OFFICIAL COMMENT   One of the purposes of the Uniform Power of Attorney Act is promotion of the portability and use of powers of attorney. Section 15-14-706 makes clear that the Act does not affect the validity of pre-existing powers of attorney executed under prior law in the enacting jurisdiction, powers of attorney validly created under the law of another jurisdiction, and military powers of attorney. While the effect of this section is to recognize the validity of powers of attorney created under other law, it does not abrogate the traditional grounds for contesting the validity of execution such as forgery, fraud, or undue influence.   This section also provides that unless another law in the jurisdiction requires presentation of the original power of attorney, a photocopy or electronically transmitted copy has the same effect as the original. An example of another law that might require presentation of the original power of attorney is the jurisdiction's recording act. Restatement (Third) of Property (Wills & Don. Trans.) § 6.3 cmt. e (2003) (noting that in order to record a deed, “some states require that the document of transfer be signed, sealed, attested, and acknowledged”).  See, e.g.,
CO Code § 15-14-712 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 7 - Uniform Power of Attorney Act|§ 15-14-712. Reimbursement and Compensation of Agent

 Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances.   History. Source: L. 2009: Entire part added,(HB 09-1198), ch. 106, p. 390, § 1, effective April 9.    OFFICIAL COMMENT   This section provides a default rule that an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to reasonable compensation. While it is unlikely that a principal would choose to alter the default rule as to expenses, a principal's circumstances may warrant including limitations in the power of attorney as to the categories of expenses the agent may incur; likewise, the principal may choose to specify the terms of compensation rather than leave that determination to a reasonableness standard. Although many family-member agents serve without compensation, payment of compensation to the agent may be advantageous to the principal in circumstances where the principal needs to spend down income or resources to meet qualifications for public benefits.
CO Code § 15-14-713 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 7 - Uniform Power of Attorney Act|§ 15-14-713. Agent's Acceptance

 Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.   History. Source: L. 2009: Entire part added,(HB 09-1198), ch. 106, p. 390, § 1, effective April 9.    OFFICIAL COMMENT   This section establishes a default rule for agent acceptance of appointment under a power of attorney. Unless a different method is provided in the power of attorney, an agent's acceptance occurs upon exercise of authority, performance of duties, or any other assertion or conduct indicating acceptance. Acceptance is the critical reference point for commencement of the agency relationship and the imposition of fiduciary duties ( Section 15-14-714(1) ). Because a person may be unaware that the principal has designated the person as an agent in a power of attorney, clear demarcation of when an agency relationship commences is necessary to protect both the principal and the agent. Karen E. Boxx, , 36 Ga. L. Rev. 1, 41 (2001) (noting that “fiduciary duties should be imposed only to the extent the attorney-in-fact knows of the role, is able to accept responsibility, and affirmatively accepts”). The Act also provides a default method for agent resignation ( Section 15-14-718 ), which terminates the agency relationship ( Section 15-14-710(2)(b) ).  see See The Durable Power of Attorney's Place in the Family of Fiduciary Relationships see see
CO Code § 15-14-715 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 7 - Uniform Power of Attorney Act|§ 15-14-715. Exoneration of Agent

  Provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision:   Relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or    Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.        History. Source: L. 2009: Entire part added,(HB 09-1198), ch. 106, p. 392, § 1, effective April 9.    OFFICIAL COMMENT   This section permits a principal to exonerate an agent from liability for breach of fiduciary duty, but prohibits exoneration for a breach committed dishonestly, with improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal. The mandatory minimum standard of conduct required of an agent is equivalent to the good faith standard applicable to trustees. A trustee's failure to adhere to that standard cannot be excused by language in the trust instrument. Unif. Trust Code § 1008 cmt. (2003) (noting that “a trustee must always act in good faith with regard to the purposes of the trust and the interests of the beneficiaries”). Section 15-14-702(4) (defining good faith for purposes of the Act as “honesty in fact”). Section 15-14-715 provides, as an additional measure of protection for the principal, that an exoneration provision is not binding if it was inserted as the result of abuse of a confidential or fiduciary relationship with the principal. While as a matter of good practice an exoneration provision should be the exception rather than the rule, its inclusion in a power of attorney may be useful in meeting particular objectives of the principal. For example, if the principal is concerned that contentious family members will attack the agent's conduct in order to gain control of the principal's assets, an exoneration provision may deter such action or minimize the likelihood of success on the merits.  See See also
CO Code § 15-14-717 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 7 - Uniform Power of Attorney Act|§ 15-14-717. Agent's Liability

  An agent that violates this part 7 is liable to the principal or the principal's successors in interest for the amount required to:   Restore the value of the principal's property to what it would have been had the violation not occurred; and    Reimburse the principal or the principal's successors in interest for the attorney's fees and costs paid on the agent's behalf.        History. Source: L. 2009: Entire part added,(HB 09-1198), ch. 106, p. 393, § 1, effective April 9.    OFFICIAL COMMENT   This section provides that an agent's liability for violating the Act includes not only the amount necessary to restore the principal's property to what it would have been had the violation not occurred, but also any amounts for attorney's fees and costs advanced from the principal's property on the agent's behalf. This section does not, however, limit the agent's liability exposure to these amounts. Pursuant to Section 15-14-723 , remedies under the Act are not exclusive. If a jurisdiction has enacted separate statutes to deal with financial abuse, an agent may face additional civil or criminal liability. For a discussion of state statutory responses to financial abuse, see Carolyn L. Dessin, , 34 McGeorge L. Rev. 267 (2003).  Financial Abuse of the Elderly: Is the Solution a Problem?
CO Code § 15-14-718 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 7 - Uniform Power of Attorney Act|§ 15-14-718. Agent's Resignation - Notice

  Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated:   To the conservator or guardian, if one has been appointed for the principal, and a coagent or successor agent; or    If there is no person described in paragraph (a) of this subsection (1), to:   The principal's caregiver;    Another person reasonably believed by the agent to have sufficient interest in the principal's welfare; or    A governmental agency having authority to protect the welfare of the principal.           History. Source: L. 2009: Entire part added,(HB 09-1198), ch. 106, p. 393, § 1, effective April 9.    OFFICIAL COMMENT   Section 15-14-718 provides a default procedure for an agent's resignation. An agent who no longer wishes to serve should formally resign in order to establish a clear demarcation of the end of the agent's authority and to minimize gaps in fiduciary responsibility before a successor accepts the office. If the principal still has capacity when the agent wishes to resign, this section requires only that the agent give notice to the principal. If, however, the principal is incapacitated, the agent must, in addition to giving notice to the principal, give notice as set forth in paragraphs (1)(a) or (1)(b).   Paragraph (1)(a) provides that notice must be given to a fiduciary, if one has been appointed, and to a coagent or successor agent, if any. If the principal does not have an appointed fiduciary and no coagent or successor agent is named in the power of attorney, then the agent may choose among the notice options in paragraph (1)(b). Paragraph (1)(b) permits the resigning agent to give notice to the principal's caregiver, a person reasonably believed to have sufficient interest in the principal's welfare, or a governmental agency having authority to protect the welfare of the principal. The choice among these options is intentionally left to the agent's discretion and is governed by the same standards as apply to other agent conduct. Section 15-14-714(1) (requiring the agent to act in accordance with the principal's reasonable expectations, if known, and otherwise in the principal's best interest).  See
CO Code § 15-14-721 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 7 - Uniform Power of Attorney Act|§ 15-14-721. Principles of Law and Equity

 Unless displaced by a provision of this part 7, the principles of law and equity supplement this part 7.   History. Source: L. 2009: Entire part added,(HB 09-1198), ch. 106, p. 395, § 1, effective April 9.    OFFICIAL COMMENT   The Act is supplemented by common law, including the common law of agency, where provisions of the Act do not displace relevant common law principles. The common law of agency is articulated in the Restatement of Agency and includes contemporary and evolving rules of decision developed by the courts in exercise of their power to adapt the law to new situations and changing conditions. The common law also includes the traditional and broad equitable jurisdiction of the court, which this Act in no way restricts.   The statutory text of the Uniform Power of Attorney Act is also supplemented by these comments, which, like the comments to any Uniform Act, may be relied on as a guide for interpretation. Acierno v. Worthy Bros. Pipeline Corp., 656 A.2d 1085, 1090 (Del. 1995) (interpreting Uniform Commercial Code); Yale University v. Blumenthal, 621 A.2d 1304, 1307 (Conn. 1993) (interpreting Uniform Management of Institutional Funds Act); 2B Norman Singer, Southerland Statutory Construction § 52.5 (6th ed. 2000).  See
CO Code § 15-14-722 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 7 - Uniform Power of Attorney Act|§ 15-14-722. Laws Applicable to Financial Institutions and Entities

 This part 7 does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this part 7.   History. Source: L. 2009: Entire part added,(HB 09-1198), ch. 106, p. 395, § 1, effective April 9.    OFFICIAL COMMENT   This section addresses concerns of representatives from the banking and insurance industries that there may be regulations which govern those entities that conflict with provisions of this Act. Although no specific conflicts were identified during the drafting process, Section 15-14-722 provides that in the event a law applicable to a financial institution or other entity is inconsistent with this Act, the other law will supersede this Act to the extent of the inconsistency. This concern about inconsistency with the requirements of other law is already substantially addressed in Section 15-14-720 , which provides, in pertinent part, that a person is not required to accept a power of attorney if, “the person is not otherwise required to engage in a transaction with the principal in the same circumstances,” or “engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law.”
CO Code § 15-14-723 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 7 - Uniform Power of Attorney Act|§ 15-14-723. Remedies Under Other Law

 The remedies under this part 7 are not exclusive and do not abrogate any right or remedy under the law of this state other than this part 7.   History. Source: L. 2009: Entire part added,(HB 09-1198), ch. 106, p. 396, § 1, effective April 9.    OFFICIAL COMMENT   The remedies under the Act are not intended to be exclusive with respect to causes of action that may accrue in relation to a power of attorney. The Act applies to many persons, individual and entity ( Section 15-14-702(6) (defining “person” for purposes of the Act)), that may serve as agents or that may be asked to accept a power of attorney. Likewise, the Act applies to many subject areas ( Subpart 2) over which principals may delegate authority to agents. Remedies under other laws which govern such persons and subject matters should be considered by aggrieved parties in addition to remedies available under this Act. Section 15-14-717 Comment.  see see See, e.g.,
CO Code § 15-14-725 (2021)
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

  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.    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.    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.    OFFICIAL COMMENT   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.
CO Code § 15-14-727 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 7 - Uniform Power of Attorney Act|§ 15-14-727. Real Property

  Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to:   Demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject an interest in real property or a right incident to real property;    Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; retain title for security; encumber; partition; consent to partitioning; subject to an easement or covenant; subdivide; apply for zoning or other governmental permits; plat or consent to platting; develop; grant an option concerning; lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise grant or dispose of an interest in real property or a right incident to real property;    Pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;    Release, assign, satisfy, or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real property that exists or is asserted;    Manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including:   Insuring against liability or casualty or other loss;    Obtaining or regaining possession of or protecting the interest or right by litigation or otherwise;    Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with them; and    Purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real property;       Use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right;    Participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive, and hold, and act with respect to stocks and bonds or other property received in a plan of reorganization, including:   Selling or otherwise disposing of them;    Exercising or selling an option, right of conversion, or similar right with respect to them; and    Exercising any voting rights in person or by proxy;       Change the form of title of an interest in or right incident to real property; and    Dedicate to public use, with or without consideration, easements or other real property in which the principal has or claims to have an interest.        History. Source: L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 399, § 1, effective April 9.
CO Code § 15-14-728 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 14 - Persons Under Disability - Protection|Part 7 - Uniform Power of Attorney Act|§ 15-14-728. Tangible Personal Property

  Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to:   Demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property;    Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or otherwise dispose of tangible personal property or an interest in tangible personal property;    Grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;    Release, assign, satisfy, or enforce by litigation or otherwise a security interest, lien, or other claim on behalf of the principal with respect to tangible personal property or an interest in tangible personal property;    Manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including:   Insuring against liability or casualty or other loss;    Obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise;    Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments;    Moving the property from place to place;    Storing the property for hire or on a gratuitous bailment; and    Using and making repairs, alterations, or improvements to the property; and       Change the form of title of an interest in tangible personal property.        History. Source: L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 400, § 1, effective April 9.