Does Power of Attorney Need to Be Notarized in Colorado?

The short answer: for financial POAs, effectively yes. For medical POAs, technically no but practically yes. Here's why the distinction matters and what happens if you skip notarization.

Financial Power of Attorney: Notarization Is Essential

Under the Colorado Uniform Power of Attorney Act, a financial power of attorney must be "acknowledged" before a notary public to establish the statutory presumption of signature genuineness. This presumption is what forces banks and financial institutions to accept the document.

Without notarization:

• Banks can legally refuse the POA without penalty
• Title companies won't process real estate transactions
• The County Clerk won't record the document for real property authority
• The agent has no statutory protection under C.R.S. § 15-14-719

A non-notarized financial POA isn't necessarily "invalid" — but it's functionally useless because no institution is required to honor it. The agent would need to petition a court to compel acceptance, which defeats the purpose of having a POA in the first place.

Medical Power of Attorney: Legally Optional, Practically Required

Colorado statute does not require notarization for a Medical Durable Power of Attorney. The principal's signature alone creates a legally valid document.

However, hospitals, nursing facilities, and medical systems routinely question or delay honoring unnotarized medical POAs. In an emergency — when the agent needs to authorize surgery or make end-of-life decisions — any hesitation from the facility can be catastrophic.

Notarizing a medical POA takes 5 minutes and costs $5-$15. The security it provides in institutional settings makes it a no-brainer.

Living Will (Declaration as to Medical Treatment)

Colorado's living will statute (C.R.S. § 15-18-104) requires either:

• Two witnesses (unrelated by blood or marriage, not entitled to inherit), OR
• Acknowledgment before a notary public

You can use one or the other — notarization substitutes for witnesses. For families who can't easily find two qualifying witnesses, notarization provides a simpler execution path.

Where to Get Documents Notarized in Colorado

• Banks and credit unions — most offer free notary services for account holders
• UPS Store / FedEx Office — typically $5-$15 per signature
• County Clerk offices — some offer notary services
• Mobile notaries — $50-$150 per visit; useful if the principal is homebound or in a care facility
• Remote online notarization (RON) — Colorado recognizes RON under the Revised Uniform Law on Notarial Acts; useful when the principal is physically distant

What the Notary Verifies

The notary's job is limited but critical:

• Confirm the signer's identity via government-issued photo ID
• Verify the signer appears to be acting voluntarily
• Confirm the signer appears to understand what they're signing
• Witness the signature and apply their official seal

A notary does not review the document's legal content, verify the agent's qualifications, or guarantee the POA will be accepted. They only authenticate the principal's identity and voluntary participation.

Common Notarization Mistakes

• Having the agent (not the principal) sign before the notary — only the principal's signature needs notarization
• Using an expired notary commission (ask to see their current commission)
• Getting the document notarized after the principal has lost capacity — the notary should refuse if the signer appears confused
• Notarizing a copy rather than the original document

Complete Your Colorado POA Correctly

The Colorado Power of Attorney Kit includes execution checklists that walk you through the notarization process for both financial and medical POAs, including what to bring, what the notary checks, and how to handle situations where the principal has limited mobility.

See more Colorado guides →