Power of Attorney Lawyer in Longmont, Colorado
A power of attorney is the document that authorizes someone you trust to manage your finances and make medical decisions on your behalf — while you're still alive but unable to act for yourself. It's one of the most important documents in any estate plan, and one of the most frequently overlooked.
Durable Financial Power of Attorney
Medical Power of Attorney
Alternate Agent Designations
Incapacity Planning During Your Lifetime
Colorado-Specific Drafting
Free 30-Minute Consultations
Powers of Attorney Protect You While You're Still Alive
This is the distinction most people miss. Wills and trusts govern what happens to your estate after you die. Powers of attorney govern what happens to you and your finances while you're still alive — specifically, if you become incapacitated due to illness, injury, or cognitive decline.
Without a power of attorney in place, no one — not your spouse, not your adult children, not your closest family member — has automatic legal authority to manage your bank accounts, pay your mortgage, or talk to your doctors on your behalf. Even with the best intentions, they may not be able to act without a court order.
That's the gap powers of attorney fill. They designate, in advance, who has that authority and what they're authorized to do — so when the situation arises, your family can act immediately.
The Assumption That Catches Families Off Guard
A common misconception — and a consequential one — is that spouses automatically have legal authority to handle each other's finances and medical decisions.
In Colorado, that's not how it works.
Without a durable power of attorney, a spouse who needs to access a bank account, sell property, or authorize medical treatment on behalf of an incapacitated partner may need to go to court first. The process is called guardianship or conservatorship, depending on whether the issue is personal decisions or financial ones. It's court-supervised, time-consuming, and expensive — and it's entirely avoidable with the right documents in place before anything happens.
Adult children face the same barrier with aging parents. Good intentions don't create legal authority. A signed power of attorney does.
An estate plan is a set of documents personally tailored to handle your affairs and carry out your wishes — while you're alive and after you're gone. Whether you're setting up a first plan, updating one after a life change, or navigating probate for a loved one, McGann Law Group handles each case directly and personally.
The Two Types — Financial and Medical
Most complete estate plans include both a financial power of attorney and a medical power of attorney. They authorize different things and serve different purposes.
If you're serving as executor of an estate or managing affairs after a family member has passed, we can walk you through every step of the proces
Probate
Durable Financial Power of Attorney
A durable financial power of attorney authorizes your designated agent to manage your financial affairs if you're incapacitated. Depending on how it's drafted, the agent may be authorized to:
- Access and manage bank and investment accounts
- Pay bills, mortgages, and ongoing financial obligations
- File tax returns on your behalf
- Buy or sell real estate
- Manage business interests
- Apply for government benefits
The word "durable" is important. A regular power of attorney becomes void if you become incapacitated — which defeats the purpose. A durable power of attorney remains in effect specifically in that situation.
Medical Power of Attorney
A medical power of attorney — also called a healthcare power of attorney — authorizes your designated agent to make healthcare decisions on your behalf when you're unable to communicate or make decisions yourself. This includes decisions about treatment options, surgeries, medications, care facilities, and end-of-life care.
The medical power of attorney names who makes the call. A living will documents what decisions you want made. Most complete plans include both, working together.
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A Few Colorado-Specific Details Worth Knowing
Notarization
Colorado strongly encourages notarization of powers of attorney. A notarized document is significantly more likely to be accepted without question by banks, healthcare providers, and other institutions. Nicole's drafting process includes proper execution.
Naming alternate agents
Your primary agent may become unavailable — due to their own illness, distance, or unwillingness to serve. Naming a backup agent in the document ensures the authority doesn't lapse if your first choice can't act. This detail is frequently overlooked in DIY documents.
Immediate vs. springing authority
Some powers of attorney take effect immediately upon signing; others "spring" into effect only upon a triggering event, like a physician's declaration of incapacity. Each approach has tradeoffs, and Nicole will explain which makes sense for your situation.
A Power of Attorney Is Part of a Complete Estate Plan
Powers of attorney govern your affairs during your lifetime. The other estate planning documents handle what happens after.
- Wills — who inherits your assets and who raises your children
- Trusts — probate avoidance and long-term beneficiary protection
- Living will — your preferences for end-of-life medical care
Guidance You Can Feel Confident In
See how Nicole’s personal, responsive approach
helps clients feel informed and secure in their decisions.
I felt like I was treated like a friend, not just a client. My questions were answered quickly and I left with complete confidence in our plan."
— Heather M., Longmont, CO.
Frequently Asked Questions About Powers of Attorney in Colorado
Why do I need a power of attorney in Colorado?
Without a power of attorney, no one has automatic legal authority to manage your finances or make medical decisions on your behalf if you become incapacitated — including your spouse. In Colorado, families without these documents have needed court intervention (guardianship or conservatorship proceedings) to gain that authority. A power of attorney designates trusted people in advance and gives them immediate legal authority to act when it's needed, without court involvement.
Can my spouse make financial decisions without a power of attorney?
Not automatically — and this surprises most couples. Colorado law does not give spouses inherent authority over each other's individual accounts, property, or financial affairs. If your spouse becomes incapacitated and you need to access their accounts, pay their bills, or handle their financial matters, you may need a court-ordered conservatorship to do so legally. A durable financial power of attorney prevents that situation entirely.
How does a medical power of attorney work in Colorado?
A medical power of attorney designates a person — called your healthcare agent or proxy — to make medical decisions on your behalf when you're unable to communicate or make decisions yourself. In Colorado, healthcare providers are required to follow the directions of a properly designated agent. The document can be as broad or as specific as you choose, and it works alongside a living will, which documents your specific medical preferences rather than just naming who decides.
When should I update my estate plan?What's the difference between a durable power of attorney and a regular power of attorney?
A regular power of attorney becomes void if the person who granted it becomes incapacitated. That's the opposite of when you'd need it most. A durable power of attorney remains in effect specifically during incapacity — which is why estate planning attorneys use durable powers of attorney for incapacity planning. When most people say they need a "power of attorney," they mean a durable one.
Who should I name as my agent for a power of attorney?
Your agent should be someone you trust completely to act in your best interest, who is organized enough to handle financial or medical responsibilities, and who is likely to be available and willing to serve if the situation arises. That's often a spouse, adult child, or close sibling — but the right choice depends on your family situation. Nicole will walk you through what the role actually involves so you can make an informed decision, and she'll build in a backup agent so the authority doesn't lapse if your first choice can't serve.
Can I change my power of attorney later?
Yes, as long as you have legal capacity — meaning you're of sound mind and able to make decisions — you can revoke or update a power of attorney at any time. Revocation generally requires written notice to your agent and to any institutions that have a copy of the document. Life changes like divorce, the death of a named agent, or a change in your relationship with your agent are all reasons to revisit your documents.
Do I need both a financial and a medical power of attorney?
Yes — they cover different things. A financial power of attorney authorizes your agent to manage your money, property, and financial obligations. A medical power of attorney authorizes your agent to make healthcare decisions. Neither one crosses into the other's territory. Most complete estate plans include both, along with a living will that specifies your medical preferences directly.
What happens if I become incapacitated without a power of attorney in Colorado?
A family member — or anyone with a legitimate interest — would need to file for guardianship (for personal and medical decisions) or conservatorship (for financial decisions) through the Colorado courts. The court then supervises the arrangement on an ongoing basis. The process takes time, costs money, and requires ongoing court reporting. It can also create tension in families when multiple people feel they should be in charge. A power of attorney drafted in advance avoids all of it.
Plan Today for the Decisions That May Come Later
A power of attorney helps ensure someone you trust can step in when you need them.
Nicole can help you understand your options and put a plan in place that reflects your wishes.