How to Revoke Power of Attorney in Colorado
How to Revoke Power of Attorney in Colorado
A power of attorney isn't permanent. If you've lost trust in your agent, want to name someone else, or simply no longer need the document, you can revoke it at any time — as long as you still have mental capacity. Here's the exact process under Colorado law.
Who Can Revoke a POA
Only the principal (the person who granted authority) can revoke a power of attorney. The principal must still have mental capacity at the time of revocation. If the principal has already become incapacitated, revocation requires a court order — which means petitioning for guardianship or conservatorship.
An agent cannot revoke their own authority, but they can resign by notifying the principal in writing.
Step 1: Create a Written Revocation
Under C.R.S. § 15-14-710, a principal can revoke a POA by executing a written revocation that clearly identifies:
- The principal's full legal name
- The date of the original POA being revoked
- The agent(s) whose authority is being terminated
- A clear statement that the POA is revoked in its entirety (or that specific powers are revoked)
- The principal's signature and the date
While Colorado law technically allows oral revocation, a written document is essential for proof — especially when dealing with banks and institutions that have the POA on file.
Step 2: Notarize the Revocation
Notarization isn't strictly required, but it creates the same presumption of genuineness that the original POA carried. Banks and financial institutions that accepted the notarized POA will expect a notarized revocation before removing the agent's access.
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Step 3: Notify All Relevant Parties
Revocation is only effective against third parties once they receive actual notice. Under C.R.S. § 15-14-711, a person who acts in good faith reliance on a POA they don't know has been revoked is protected from liability.
Notify in writing:
- The agent and any successor agents
- Every bank and financial institution that has the POA on file
- The principal's primary care physician and any healthcare facilities
- Any title companies or real estate agents involved in ongoing transactions
- The County Clerk and Recorder (if the original was recorded for real property)
Keep copies of all notification letters and delivery confirmations. Certified mail with return receipt provides the strongest proof of delivery.
Step 4: Record the Revocation (If the Original Was Recorded)
If the original POA was recorded with a County Clerk for real property authority, the revocation must also be recorded in the same county. The recording fee is $43. Without recording the revocation, title companies may continue to accept the former agent's signatures on real property transactions.
Step 5: Retrieve or Destroy Original Documents
Request the return of all original POA documents and copies from the former agent. While this doesn't affect the legal revocation (written notice does), it prevents the agent from presenting the document to institutions that haven't yet received revocation notice.
When Revocation Happens Automatically
A POA is automatically revoked (without any action by the principal) when:
- The principal dies
- A court appoints a guardian or conservator (unless the court specifically allows the POA to continue)
- The principal executes a new POA that explicitly revokes all prior POAs
- The POA's own terms specify an expiration date or terminating event
If the principal and agent were married and subsequently divorce, the former spouse's authority is automatically terminated under C.R.S. § 15-14-710(b) — unless the POA specifically states it survives divorce.
Common Mistakes in Revocation
- Revoking verbally without written documentation (impossible to prove to banks)
- Failing to notify the bank — the agent retains de facto access until the bank processes the revocation
- Not recording the revocation when the original POA was recorded for real property
- Assuming a new POA automatically revokes the old one (it doesn't unless it expressly states so)
The Colorado Power of Attorney Kit includes revocation templates and notification letter samples, plus a checklist of parties to notify when revoking authority.
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