Legal Question in Elder Law in Colorado

Re: Power of attorney

It was not clear in your question how Colorado law would apply. Assuming it does, I hope the following is helpful.

If your mother is unable to make rational decisions, it is doubtful that she could execute a power of attorney. Further, no power of attorney is valid if obtained without consent. If your mother resides in Colorado, it sounds like you may need to file for guardianship (to make decisions for her regarding the care of her person) and/or conservatorship (to make decisions forher regarding the care of her property and finances). This is done by filing a Petition in the District Court in the county where she resides (or the Probate Court if she resides in Denver).

Re: Power of attorney

There is no such thing as a POWER OF ATTORNEY which is to be signed and granted while the

principal is mentally INCOMPETENT. If the property affairs of the incompetent ADULT person need to be administered, a PETITION for the appointment of a CONSERVATOR should be filed

ASAP pursuant to Code of Va. Section 37.134.6 et seq. If the person is indigent the Petion may request a waiver of filing fee. A conservator is usually an attorney but need not be if otherwise experienced and competent in respect to the circumstances.

WAYNE COMER, ESQ. (not legal advice as such)