A power of attorney is one of the most useful tools in an estate plan, but what happens if the person appointed can no longer be trusted? In Colorado, only a limited group can override a power of attorney: the principal who created it, a court acting under the Colorado Uniform Power of Attorney Act, and, in certain circumstances, a conservator or guardian. Understanding how each pathway works helps families act quickly when concerns arise.
What a Power of Attorney Does
A power of attorney (POA) is a legal document in which one person, the principal, authorizes another person, the agent, to act on their behalf. Financial POAs in Colorado are governed by the Colorado Uniform Power of Attorney Act, C.R.S. § 15-14-701 and following, while medical durable POAs fall under C.R.S. § 15-14-506.
Under C.R.S. § 15-14-704, a POA executed on or after January 1, 2010 is durable by default, meaning it remains effective even if the principal later becomes incapacitated. Importantly, signing a POA does not take away the principal’s rights. The agent acts alongside the principal, not above them, and cannot override the decisions of a principal who still has capacity.
The Principal Can Revoke Their Own POA
The most direct way to override a power of attorney is for the principal to revoke it. A mentally competent principal may revoke a POA at any time and for any reason, and under C.R.S. § 15-14-710, an agent’s authority terminates upon that revocation.
To revoke a POA effectively in Colorado, the principal should:
- Put the revocation in writing. Identify the original document and the agent, sign the revocation, and have it notarized. A notarized signature is presumed genuine under C.R.S. § 15-14-705.
- Notify the agent directly. Revocation is only fully effective against the agent once they receive notice.
- Notify third parties. Banks, healthcare providers, and title companies that relied on the POA should each receive a copy.
- Record the revocation if real estate is involved. If the original POA was recorded with a county clerk and recorder, record the revocation in the same office.
Signing a new POA does not automatically cancel an older one; under C.R.S. § 15-14-710(6), a later POA revokes an earlier one only if it expressly says so. Colorado law also terminates a spouse’s authority as agent when a dissolution, annulment, or legal separation action is filed, unless the document provides otherwise.
The Courts Can Override a POA
When the principal has lost capacity, or when someone suspects an agent is abusing their role, the courts become the primary avenue for relief. Under C.R.S. § 15-14-716, certain people may petition a court to review the agent’s conduct.
The list of eligible petitioners is broad: the principal or agent, a guardian or conservator, a person authorized to make healthcare decisions, the principal’s spouse, parent, or descendant, a presumptive heir, certain beneficiaries, a governmental agency, a caregiver, or another person with a sufficient interest in the principal’s welfare.
Colorado law also protects a competent principal’s autonomy: if the principal asks the court to dismiss the petition, the court must do so unless it finds the principal lacks capacity to revoke the agent’s authority.
Conservators and Guardians
Obtaining guardianship or conservatorship does not automatically cancel an existing POA. Under C.R.S. § 15-14-708, an agent’s authority continues after a guardian or conservator is appointed unless the court limits, suspends, or terminates it.
That said, a conservator holds significant power. Under C.R.S. § 15-14-421(5), a conservator may continue, modify, or revoke a financial POA unless the appointing order says otherwise, and the agent must account to the conservator for all actions taken. A guardian’s authority is narrower, generally reaching a POA only as it relates to the principal’s personal care; overriding an agent’s medical treatment decisions requires specific court authorization.
What About Family Members and Adult Protective Services?
Family members cannot simply tear up a loved one’s power of attorney, however strongly they disagree with the agent; their remedy is to petition the court under C.R.S. § 15-14-716. Adult Protective Services likewise cannot cancel a POA on its own, but it can investigate suspected exploitation of at-risk adults, request an accounting, and initiate protective proceedings.
Grounds for Overriding a Power of Attorney
Courts will not override a POA over a simple family disagreement. Recognized grounds include:
- Agent abuse or self-dealing, such as unauthorized transfers or using the principal’s assets for the agent’s benefit.
- Breach of fiduciary duty. An agent must act in good faith, within the authority granted, and in the principal’s best interest.
- Lack of capacity, fraud, or undue influence when the POA was signed, grounds preserved by C.R.S. § 15-14-706.
If a court finds wrongdoing, it may order an accounting, suspend or remove the agent, appoint a conservator, and require the agent to restore the principal’s property. Under C.R.S. § 15-14-717, a violating agent is liable for the amount needed to make the principal whole, plus attorney fees and costs; serious exploitation of an at-risk person can also bring felony charges.
What Happens After a POA Is Overridden
Once a POA is revoked or terminated by a court, the agent must stop acting immediately. A named successor agent may step in; if there is no successor and the principal is incapacitated, the court may appoint a conservator or guardian. Actions the agent took before receiving notice of revocation, and third parties’ good-faith reliance on the POA, generally remain valid.
Work With an Experienced Colorado Estate Planning Attorney
Overriding a power of attorney involves questions of capacity, fiduciary duty, and probate procedure, and the stakes are high. An experienced Colorado estate planning attorney can help you revoke a POA correctly, draft a new document with stronger safeguards, or petition the court when an agent’s conduct raises concerns. Whether you are updating your own estate plan or worried about a loved one, experienced legal guidance is the best way to protect the people and property that matter most.
