2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 14 - PERSONS UNDER DISABILITY - PROTECTION (§§ 15-14-101 — 15-14-806) › Part 7 - UNIFORM POWER OF ATTORNEY ACT (§§ 15-14-701 — 15-14-745) › Subpart 2 - OWNERSHIP AS BETWEEN PARTIES AND OTHERS (§§ 15-14-724 — 15-14-740) › Section 15-14-733 - Insurance and annuities

(1)
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to:
(a)
Continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal that insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract;
(b)
Procure new, different, and additional contracts of insurance and annuities for the principal and the principal's spouse, children, and other dependents, select the amount, type of insurance or annuity, and mode of payment, and designate a beneficiary that will be the estate of the principal;
(c)
Pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent;
(d)
Apply for and receive a loan secured by a contract of insurance or annuity;
(e)
Surrender and receive the cash surrender value on a contract of insurance or annuity;
(f)
Exercise an election;
(g)
Exercise investment powers available under a contract of insurance or annuity;
(h)
Change the manner of paying premiums on a contract of insurance or annuity;
(i)
Change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section;
(j)
Apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal;
(k)
Collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a contract of insurance or annuity;
(l)
Select the form and timing of the payment of proceeds from a contract of insurance or annuity; and
(m)
Pay, from proceeds or otherwise, compromise or contest, and apply for refunds in connection with a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.
L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 404, §1, effective April 9.
OFFICIAL COMMENT
This section contains a significant change from Section 10 of the Uniform Statutory Form Power of Attorney Act. The default language in the Uniform Statutory Form Power of Attorney Act permitted an agent to designate the beneficiary of an insurance contract.
See
Unif. Statutory Form Power of Atty. Act § 10(4) (1988). However, under Section 15-14-733 of this Act, an agent does not have authority to "create or change a beneficiary designation" unless that authority is specifically granted to the agent pursuant to Section
15-14-724(1)
. The authority granted under Paragraph (1)(b) of Section 15-14-733 is more limited, allowing an agent to only "procure new, different, and additional contracts of insurance and annuities for the principal and the principal's spouse, children, and other dependents." A principal who grants authority to an agent under Section 15-14-733 should therefore carefully consider whether a specific grant of authority to create or change beneficiary designations is also desirable.