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 1 - GENERAL PROVISIONS (§§ 15-14-701 — 15-14-723) › Section 15-14-719 - Acceptance of and reliance upon acknowledged power of attorney

(1)
For purposes of this section and section
15-14-720
, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgements.
(2)
A person that in good faith accepts a purportedly acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under section
15-14-705
that the signature is genuine.
(3)
A person that in good faith accepts a purportedly acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid, and still in effect, the agent's authority were genuine, valid, and still in effect, and the agent had not exceeded and had properly exercised the authority.
(4)
A person that is asked to accept an acknowledged power of attorney may request and rely upon, without further investigation, one or more of the following:
(a)
An agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney;
(b)
An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; or
(c)
An opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.
(5)
An English translation, an agent's certification, or an opinion of counsel requested under this section must be provided at the principal's expense.
(6)
For purposes of this section and section
15-14-720
, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.
L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 393, §1, effective April 9.
OFFICIAL COMMENT
This section protects persons who in good faith accept an acknowledged power of attorney. Section 15-14-719 does not apply to unacknowledged powers of attorney.
See
Section
15-14-705
(providing that the signature on a power of attorney is presumed genuine if acknowledged). Subsection (1) states that for purposes of this section and Section
15-14-720
"acknowledged" means "purportedly" verified before an individual authorized to take acknowledgments. The purpose of this definition is to protect a person that in good faith accepts an acknowledged power of attorney without knowledge that it contains a forged signature or a latent defect in the acknowledgment.
See, e.g.,
Cal. Prob. Code § 4303(a)(2) (West Supp. 2006); 755 Ill. Comp. Stat. Ann. 45/2-8 (Supp. 2006); Ind. Code Ann. § 30-5-8 -2 (West 1994); N.C. Gen. Stat. § 32A-40 (2005). The Act places the risk that a power of attorney is invalid upon the principal rather than the person that accepts the power of attorney. This approach promotes acceptance of powers of attorney, which is essential to their effectiveness as an alternative to guardianship. The national survey conducted by the Joint Editorial Board for Uniform Trust and Estate Acts (
see
Prefatory Note) found that a majority of respondents had difficulty obtaining acceptance of powers of attorney. Sixty-three percent reported occasional difficulty and seventeen percent reported frequent difficulty. Linda S. Whitton,
National Durable Power of Attorney Survey Results and Analysis
, National Conference of Commissioners on Uniform State Laws 12-13 (2002),
available at
http://www.law.upenn.edu/bll/ulc/dpoaa /surveyoct2002.htm.
Section 15-14-719 permits a person to rely in good faith on the validity of the power of attorney, the validity of the agent's authority, and the propriety of the agent's exercise of authority, unless the person has actual knowledge to the contrary (subsection (3)). Although a person is not required to investigate whether a power of attorney is valid or the agent's exercise of authority proper, subsection (4) permits a person to request an agent's certification of any factual matter (
see
Section
15-14-742
for a sample certification form) and an opinion of counsel as to any matter of law. If the power of attorney contains, in whole or part, language other than English, an English translation may also be requested. Further protection is provided in subsection (6) for persons that conduct activities through employees. Subsection (6) states that for purposes of Sections 15-14-719 and
15-14-720
, a person is without actual knowledge of a fact if the employee conducting the transaction is without actual knowledge of the fact.