§ 15-14-736 — Personal and family maintenance

Colorado § 15-14-736

• Jurisdiction: Colorado
• Title 15: Probate,
• Art.: Persons Under Disability - Protection

Text

(1) Unless the power of
attorney otherwise provides, language in a power of attorney granting general
authority with respect to personal and family maintenance authorizes the agent to:

(a) Perform the acts necessary to maintain the customary standard of living
of the principal, the principal's spouse, and the following individuals, whether living
when the power of attorney is executed or later born:

(I) The principal's children;

(II) Other individuals legally entitled to be supported by the principal; and

(III) The individuals whom the principal has customarily supported or
indicated the intent to support;

(b) Make periodic payments of child support and other family maintenance
required by a court or governmental agency or an agreement to which the principal
is a party;

(c) Provide living quarters for the individuals described in paragraph (a) of
this subsection (1) by:

(I) Purchase, lease, or other contract; or

(II) Paying the operating costs, including interest, amortization payments,
repairs, improvements, and taxes, for premises owned by the principal or occupied
by those individuals;

(d) Provide normal domestic help, usual vacations and travel expenses, and
funds for shelter, clothing, food, appropriate education, including postsecondary
and career and technical education, and other current living costs for the
individuals described in subsection (1)(a) of this section;

(e) Pay expenses for necessary health care and custodial care on behalf of
the individuals described in paragraph (a) of this subsection (1);

(f) Act as the principal's personal representative pursuant to the federal
Health Insurance Portability and Accountability Act, sections 1171 to 1179 of the
federal Social Security Act, 42 U.S.C. sec. 1320d, as amended, and applicable
regulations, in making decisions related to the past, present, or future payment for
the provision of health care consented to by the principal or anyone authorized
under the law of this state to consent to health care on behalf of the principal;

(g) Continue any provision made by the principal for automobiles or other
means of transportation, including registering, licensing, insuring, and replacing
them, for the individuals described in paragraph (a) of this subsection (1);

(h) Maintain credit and debit accounts for the convenience of the individuals
described in paragraph (a) of this subsection (1) and open new accounts; and

(i) Continue payments incidental to the membership or affiliation of the
principal in a religious institution, club, society, order, or other organization or to
continue contributions to those organizations.

(2) Authority with respect to personal and family maintenance is neither
dependent upon, nor limited by, authority that an agent may or may not have with
respect to gifts under this part 7.

Legislative History

Source: L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 407, � 1, effective April 9. L. 2017: (1)(d) amended, (SB 17-294), ch. 264, p. 1391, � 31, effective May 25.