A power of attorney (POA) is one of the most useful documents you can have — and one of the most misunderstood. In plain terms, it lets you name someone you trust to act on your behalf: signing paperwork, handling finances, or making decisions if you can’t do it yourself. It sounds formal, but the idea is simple: you’re choosing your backup person before you ever need one.
What a power of attorney actually does
A power of attorney gives your chosen person — called your agent or attorney-in-fact — legal authority to act for you. Two different questions describe every POA: how much authority it gives (the scope), and whether that authority continues if you become incapacitated (the durability).
Scope — how much authority:
- General power of attorney — broad authority over finances and legal matters.
- Limited (or special) power of attorney — covers one specific task, like signing closing documents for a house sale while you’re out of town, and then ends.
Durability — whether it continues during incapacity:
- Durable power of attorney — stays in effect even if you become incapacitated. Good news: in Colorado, a financial power of attorney created on or after January 1, 2010 is durable by default, unless the document itself expressly says it ends if you become incapacitated (C.R.S. § 15-14-704).
A separate kind:
- Medical power of attorney — lets your agent make healthcare decisions for you if you can’t communicate them yourself. One Colorado difference worth knowing: a medical durable power of attorney generally does not require notarization or witnesses in Colorado (C.R.S. § 15-14-506). Witnesses and a notary are optional — some people add them anyway because they can make the document easier to accept, especially outside Colorado.
Does a Colorado power of attorney have to be notarized to be valid?
Not automatically. Under Colorado law (C.R.S. § 15-14-705), a power of attorney must be signed by the principal — notarization is not a universal requirement for validity. But if the principal acknowledges the signature before a notary public, the law presumes the signature is genuine. In real life, notarization also matters for acceptance: banks, financial institutions, title companies, and county recorders often expect — or require — an acknowledged power of attorney, especially for real estate transactions. That’s where we come in.
When you might need one
Here are the situations we see most often:
- An aging parent who needs help managing bills, bank accounts, or medical decisions.
- A real estate closing where one party can’t attend in person and needs someone to sign for them.
- Travel or deployment, when you want someone at home able to handle paperwork while you’re away.
- Planning ahead for a medical situation — a power of attorney can only be created while the principal still has decision-making capacity, so the time to sign one is before an emergency, not during one. A loved one who can no longer make or communicate their own decisions can’t create a new POA. And remember the Colorado difference noted above: a medical durable power of attorney generally does not require notarization or witnesses in Colorado, though both are optional.
- A document headed overseas — the receiving authority in the destination country, not you and not us, determines what is required: an apostille (for Hague Convention countries) or authentication/legalization (for non-Hague countries), and whether a certified translation is needed. Confirm the receiving authority’s requirements before you book. Notarization is commonly the first step before an apostille, and we can help with the notarization and the apostille step once you know what your destination requires.
One honest note: we’re notaries, not attorneys. We can notarize your power of attorney, but we can’t draft it or advise which type fits your situation. If you’re unsure, an estate-planning attorney is a great first stop — then bring the finished document to us.
Important disclosure (required by Colorado law, C.R.S. § 24-21-525(4)): I am not an attorney licensed to practice law in the state of Colorado and I may not give legal advice or accept fees for legal advice. I am not an immigration consultant, nor am I an expert on immigration matters. If you suspect fraud, you may contact the Colorado attorney general’s office or the Colorado supreme court.
How to get your power of attorney notarized with us
Getting it done is straightforward:
- The principal must personally appear before the notary. The person granting the power (the principal) has to appear in person (or by remote online notarization) and be identified. For an acknowledgment — the notarial act used on most powers of attorney — you may sign the document beforehand: you appear before us and acknowledge that the signature is yours (C.R.S. § 24-21-505). Other notarial acts are different — a jurat, for example, must be signed in front of the notary while you swear to the contents. If you’re not sure which act your document needs, check with the receiving authority, or the person or office that gave you the document, before your appointment. The customer or the receiving authority must identify the required notarial act — we can explain how each act works, but we cannot choose it for you.
- Bring a valid photo ID — a driver’s license, state ID, or passport works.
- Bring any required witnesses. Some powers of attorney need witnesses in addition to the notary. Check your document’s instructions first to see whether yours does.
- Come to us, or we’ll come to you. Office visits are Monday–Friday, 8 AM–3 PM by appointment only, and mobile appointments can be arranged outside those hours for urgent situations.
We serve all of Colorado — mobile and remote online notary — and we can also help with the apostille step if your power of attorney is headed abroad.
Ready when you are
Questions about a power of attorney? Call or text us at 303-598-2203 — we’re happy to tell you what to bring and what to expect. Prefer to book online? Schedule your appointment here
Always Open Notary & Apostille
Office: 44 Cook St, Suite 100, Denver, CO 80206
Office Hours: Monday–Friday, 8:00 AM–3:00 PM, by appointment only.
24/7 Appointment Availability: We offer flexible scheduling outside regular office hours, including evenings, weekends, and holidays, subject to availability and advance confirmation.
Mobile notary and remote online notarization services are also available by appointment.
All services are by appointment only. Walk-ins are not guaranteed.
Sources: Colorado Revised Statutes, Title 15 (§ 15-14-704 and § 15-14-506 — Colorado General Assembly, leg.colorado.gov); C.R.S. § 15-14-705; C.R.S. § 24-21-505; C.R.S. § 24-21-525; Colorado Secretary of State apostille verification; Hague Conference Apostille Section; U.S. Department of State, Requesting Authentication Services