Legal Question in Wills and Trusts in Colorado

does a power of attonery need to be updated every 3 years


Asked on 2/11/11, 10:55 am

2 Answers from Attorneys

Gary C. Johnson Attorney Gary C. Johnson

That depends on the terms of the power of attorney and the status of applicable law.

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Answered on 2/11/11, 11:05 am
Bernard Greenberg KOKISH & GOLDMANIS, P.C.

There is no legal requirement to periodically update a Power of Attorney. However, the law changes periodically along with your choices for Agents in the document.

Additionally, there is a problem known as "staleness". This means that older Powers of Attorney may not provide confidence to someone you want to rely on the document. Frequently, ;you will see banks and brokerage firms question the age of the document and ask for an Affidavit from the Principal that the document still accurately expresses the Principal's wishes.

For these reasons, I recommend that you review any Power of Attorney periodically and update it every 4-5 years.

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Answered on 2/11/11, 11:58 am


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