When an adult loved one starts missing bills, skips medications, or faces a sudden hospitalization, families feel a jolt: How do we help—legally and fast? In Colorado, a properly drafted power of attorney (POA) can keep day-to-day life moving without a court case. This blog can explain what a Colorado POA is, why most POAs are “durable,” the duties an agent owes, when POA isn’t enough (and guardianship or conservatorship is needed), and how medical decision-making works if no form exists. Read this to understand the tools, limits, and next steps you can take today.

TL;DR

• What a Colorado Power of Attorney Is (and the “durable” default) — Under Colorado’s Uniform Power of Attorney Act, a POA is durable by default unless it says otherwise.
• Agent’s Core Duties — Act in the principal’s best interest, keep records, and follow known wishes.
• When POA Isn’t Enough — Court-appointed guardians/conservators step in when capacity is impaired or assets need court oversight.
• Healthcare Decisions & Proxies — Use a Medical Durable POA; if none, Colorado’s proxy statute allows a consensus-chosen proxy.

What a Colorado Power of Attorney Is (and Why “Durable” Is the Default)

A power of attorney lets an adult (the principal) authorize another person (the agent) to act on their behalf. In Colorado, the Uniform Power of Attorney Act makes a POA durable—meaning it remains effective even if the principal later loses capacity—unless the document explicitly says it ends at incapacity. That default durability is designed to prevent avoidable court cases if someone has a stroke, advanced dementia, or a serious accident.

POAs can be broad (“general” financial POA) or limited to specific tasks (e.g., selling a house). You can also create a Medical Durable Power of Attorney (MDPOA) to name a health-care agent. For families who want seamless support, a coordinated set—financial POA and MDPOA usually covers the basics. Colorado agencies and health systems provide plain-language guidance and Colorado-compliant MDPOA forms you can use as a starting point.

If a family crisis overlaps with a pending divorce or custody matter, our Divorce & Separation and Mediation pages explain how we stabilize court timelines while you care for your loved one.

The Agent’s Core Duties: Acting in the Principal’s Interest

An agent under a Colorado POA must follow mandatory fiduciary duties and (unless the POA changes them) default duties. The statute requires agents to act in accordance with the principal’s known expectations, in the principal’s best interest when expectations aren’t known, to act in good faith, and only within the scope granted. Agents should keep records of receipts, disbursements, and transactions, avoid conflicts, and preserve the principal’s estate plan when consistent with known wishes and best interests.

Practically, that means paying bills on time, tracking expenditures, and communicating with banks and insurers using the POA. It also means not using the POA to enrich yourself, change beneficiary designations for personal gain, or block reasonable family updates. A modern family law mindset—clear documentation, short paper trails, and neutral tone—helps avoid intra-family disputes. A local Fort Collins attorney can also prepare “bank-friendly” certification pages so financial institutions accept the document quickly.

When POA Isn’t Enough: Guardianship/Conservatorship vs. POA

POA authority assumes the principal once had the capacity to sign and that third parties accept the document. If there’s serious cognitive impairment, conflicting POAs, suspected financial exploitation, or institutions refuse to honor an ambiguous form, you may need court protection:

• Guardianship (for the person): The court appoints a guardian to make personal decisions (housing, medical consent if no MDPOA, services) for an incapacitated adult. The appointment follows notice, medical information, and a finding that guardianship is necessary and less-restrictive options won’t suffice.
• Conservatorship (for the estate): The court appoints a conservator to manage money and property when a person cannot effectively do so, or when property needs protection. The court can tailor powers, require bonding, and mandate reports—useful where there’s risk of misuse or complex assets.

Both are more intrusive than a POA but provide court oversight—a critical safeguard in families with conflict, substance use, or elder-financial-abuse concerns. Colorado’s judiciary also publishes public instructions and overviews to help families understand these protective proceedings and the required filings.

Healthcare Decisions: Medical Decision-Making Tools and Default Proxy Selection

The cleanest path for medical decisions is a signed Medical Durable Power of Attorney (MDPOA) naming a trusted health-care agent; Colorado’s health department encourages every adult to have one. With MDPOA in hand, clinicians can turn to your named agent quickly if you cannot speak for yourself.

No MDPOA? Colorado’s proxy decision-maker statute lets an attending physician determine that the patient lacks decisional capacity and then seek a consensus among interested persons (family and close friends) about who should serve as the single proxy. The chosen proxy must act in accordance with the patient’s known wishes or best interests. This statute fills the gap, but it can be messy when relatives disagree—another reason to sign MDPOA paperwork in advance.

Hospitals often supply MDPOA forms that comply with Colorado law (witnessing or notarization options are explained on the forms). If your loved one’s values involve limits on life-sustaining treatment, ask about complementary documents like a CPR directive or MOST form so medical orders align with preferences.

The Best Plan Coordinates Financial Authority and Healthcare Authority

For most families, the winning combo is straightforward: financial POA + Medical Durable POA, both Colorado-compliant and shared with banks and doctors. If capacity is already compromised—or money and safety are at risk—guardianship or conservatorship provides structured court oversight. Work with a divorce attorney who practices modern family law to assemble the right documents, protect your loved one, and reduce family conflict. Talk with a Fort Collins attorney at Alexander & Associates for next steps and practical checklists.