Colorado § 15-14-740 Gifts

Colorado Statutes

§ 15-14-740 — Gifts

Colorado § 15-14-740

Title 15Probate,

Art.Persons Under Disability - Protection

This text of Colorado § 15-14-740 (Gifts) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 15-14-740 (2026).

Text

(1)In this section, a gift for the benefit of a person includes a gift to a trust, an account under the federal Uniform Transfers to Minors Act, and a tuition savings account or prepaid tuition plan as defined under Internal Revenue Code section 529, 26 U.S.C. sec. 529, as amended.

(2)(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to gifts authorizes the agent only to:

(I)Make outright to, or for the benefit of, a person, a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under Internal Revenue Code section 25

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(1) In this section, a gift for the benefit of a person
includes a gift to a trust, an account under the federal Uniform Transfers to Minors
Act, and a tuition savings account or prepaid tuition plan as defined under Internal
Revenue Code section 529, 26 U.S.C. sec. 529, as amended.

(2) (a) Unless the power of attorney otherwise provides, language in a power
of attorney granting general authority with respect to gifts authorizes the agent
only to:

(I) Make outright to, or for the benefit of, a person, a gift of any of the
principal's property, including by the exercise of a presently exercisable general
power of appointment held by the principal, in an amount per donee not to exceed
the annual dollar limits of the federal gift tax exclusion under Internal Revenue
Code section 2503 (b), 26 U.S.C. sec. 2503 (b), as amended, without regard to
whether the federal gift tax exclusion applies to the gift, or if the principal's spouse
agrees to consent to a split gift pursuant to Internal Revenue Code section 2513, 26
U.S.C. sec. 2513, as amended, in an amount per donee not to exceed twice the
annual federal gift tax exclusion limit; and

(II) Consent, pursuant to Internal Revenue Code section 2513, 26 U.S.C. sec.
2513, as amended, to the splitting of a gift made by the principal's spouse in an
amount per donee not to exceed the aggregate annual gift tax exclusions for both
spouses.

(b) Paragraph (a) of this subsection (2) does not apply to, or affect by
inference or otherwise, a power of attorney in existence on December 31, 2009,
unless, on that date, this part 7 applies to the power of attorney as provided in
section 15-14-745 (2).

(3) An agent may make a gift of the principal's property only as the agent
determines is consistent with the principal's objectives if actually known by the
agent and, if unknown, as the agent determines is consistent with the principal's
best interest based on all relevant factors, including:

(a) The value and nature of the principal's property;

(b) The principal's foreseeable obligations and need for maintenance;

(c) Minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes;

(d) Eligibility for a benefit, a program, or assistance under a statute or
regulation; and

(e) The principal's personal history of making or joining in making gifts.

Legislative History

Source: L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 410, � 1, effective April 9. L. 2011: (2) amended, (SB 11-083), ch. 101, p. 311, � 23, effective August 10.