This article is for educational purposes only and does not constitute legal advice.

Options for Establishing Authority Over an Elderly Heir in Colorado

Detailed Answer

When an elderly heir lacks the capacity to manage personal or financial affairs, Colorado law offers several tools to appoint a trusted individual to act on their behalf. These options range from informal agreements to formal court proceedings. Below is an overview of each method, how it works, and the statutory basis in Colorado.

1. Durable Financial Power of Attorney

A durable power of attorney (POA) allows an appointed agent to handle banking, investments, bill payments, real estate transactions, and other financial matters. To be durable, it must include language stating it remains effective if the principal becomes incapacitated. The principal must sign before a notary public. Key provisions include:

Scope of Authority: The POA can be broad or limited (C.R.S. § 15-14-303).
Durability Clause: Explicitly continues upon incapacity.
Revocation: The principal can revoke at any time while competent.

2. Medical Power of Attorney

A medical or health care POA appoints an agent to make health care decisions when the principal cannot communicate their wishes. It complements an advance directive or living will. Requirements include the principal’s signature, two witnesses, or notarization (C.R.S. § 15-18.5-103).

3. Guardianship and Conservatorship

If the heir cannot grant a valid POA due to incapacity, interested parties may petition the county probate court for a protective proceeding under Article 14 of Title 15. The court may appoint:

Guardian of the Person: Makes decisions on living arrangements, health care, and personal care.
Conservator of the Estate: Manages finances, pays bills, and handles investments.

Procedure highlights:

File a petition in the probate court (C.R.S. § 15-14-201).
Serve notice on the proposed ward and close relatives (C.R.S. § 15-14-202).
Obtain a medical evaluation of capacity (C.R.S. § 15-14-203).
Attend a court hearing where least-restrictive alternatives are considered.

4. Supported Decision-Making Agreement

Colorado permits a supported decision-making agreement (SDMA) as a less restrictive alternative to guardianship. Under an SDMA, the principal designates supporters to assist with understanding decisions without transferring legal authority. For details, see C.R.S. § 15-14-503.

Helpful Hints

Discuss options with the elderly heir while they retain capacity.
Choose agents or supporters who are trustworthy and organized.
Keep original POA and SDMA documents in a secure, accessible place.
Update or revoke documents if circumstances change.
Consult a Colorado attorney for tailored advice and to navigate court procedures.